Eviction

Eviction: 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 an 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 an Eviction include, but not limited to the following forms:

Go to Eviction Forms for a complete list of all available forms. 

Upon completion of the forms necessary for your case, you will need to efile your forms. Approved service providers may be found at  http://Efile.illinoiscourts.gov/service-providers.htm. You may file with the provider of your choice; however, the Winnebago County Circuit Clerk's Office staff has been trained to assist with Odyssey eFileIL. Please note that you will first be required to register and set up a payment option.  Fee due upon filing.

Upon review of your submitted filing, you will receive an email with your acceptance or rejection information. If you have opened a new case, you will then need to submit your summons to be issued via eFileIL. You will need one summons per party, and the filer will be responsible for having it correctly served. If you choose to use the  Winnebago County Sheriff’s Office for service, you will need to select the appropriate fee in the Optional Services section of the efiling page. 

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, you must download, complete, and efile the forms at http://Efile.illinoiscourts.gov/service-providers.htm. 

There may be a 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.