Forcible Entry and Detainer: A summary statutory proceeding for restoring to the possession of land, one who has been wrongfully deprived of the possession, usually the landlord.
Question: How do I file a Forcible Detainer / Eviction “LM” case?
Answer: It is the responsibility of the filer to determine if a Landlord’s Five Day Notice, Ten Day Notice, or Thirty Day Notice needs to be served. The proper notice must be served before case filing may be initiated. The Self-Help Center located in the third floor Law Library is available for research purposes.
Necessary forms for filing a Forcible Detainer / Eviction include:
• Affidavit - Military Service (1 per Defendant)
• Complaint (1 original and 2 copies)
• Cover Sheet
• Summons - Forcible Detainer (1 original and 1 copy)
Download forms to the left or go to Court Forms for a complete list of all available forms.
Upon completion of the forms necessary for your case, you will need to file your forms at the Circuit Clerk’s Office room 108 at the civil counter. Fee due upon filing.
The clerk will issue one summons per party, and the filer will be responsible to have it served appropriately. If you choose to use the Winnebago County Sheriff’s Office for service, the clerk will collect the appropriate fees at this time.
The case will then be assigned the next appropriate First Return Court date or Case Management date.
It is the petitioner’s duty to follow the events of the case and appear for the court dates. Failure to do so may result in the case being dismissed.
Note: Five Day Notice Criminal Offense Cases Packet and Procedures for Illegal Activity Cases can only be obtained from the Circuit Clerk’s Office.
Question: What do I do if I have been served with a summons?
Answer: Read the summons carefully and follow the instructions on the summons. If you wish to file an Answer and Appearance, download and complete the forms to the left. Fee due upon filing.
You must mail copies of the Answer and Appearance to the opposing party/attorney of record.
Pursuant to Illinois Statute (705 ILCS 110 / 1) the Circuit Clerk’s Office is unable to assist in the preparation of documents or give any legal advice.