Sovereign citizen defense fails in McHenry County criminal trespass after eviction case

An article in the Daily Herald describes a McHenry County man who now faces jail time for moving back into the real estate he occupied before being evicted.  According to the article, a jury found the man guilty of criminal trespass.  He will be sentenced soon and faces “up to 364 days in jail, up to two years probation, and a maximum $2,500 fine.”

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Cook County Sheriff eviction enforcement procedures can be confusing and difficult

Cook County Sheriff Tom Dart’s distaste for the enforcement of possession orders is well documented when it comes to foreclosure-related evictions.  Whether intentional or not, the Sheriff’s office has instituted a number of policies that make life difficult for landlords seeking the enforcement of their eviction orders.  I have reported here that the smallest “scratch out” on an Order for Possession, unless accompanied by a judge’s initials, will result in the Sheriff’s refusal to enforce the eviction order.

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Can’t find your tenant? Maybe they are in Jail

All sorts of difficulties can arise when a landlord cannot find a tenant. One day, I will write on the difficulties of abandonment of property the many issues it creates. In short though, abandonment issues, especially in CRLTO covered tenancies, require more caution than the plain code of the CRLTO might suggest and landlords who mistakenly take back a property that they deem abandoned can find themselves in a real legal mess of wrongful eviction claims. When a tenant can’t be found, a myriad of notice and service issues must be analyzed. One possible explanation for a tenant’s absence is that the tenant might be in jail.  Here are a couple of links where landlords can search to see if their tenants are in jail.

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