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I filed n eviction of a previous owner of a house. I forgot…

I filed n eviction...

I filed n eviction of a previous owner of a house. I forgot to put unknown tenants. I had one court date that wss continued for posting/ service. My question is can I add all unknown tenants to the complaint now?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Illinois. Cook county

Lawyer's Assistant: What steps have you taken so far?

I filed the eviction. Tried to serve the known previous owner. No service. The court case was continued for two weeks.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, the main question is can I edit the lawsuit at this point to include unknown tenants

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Answered in 7 minutes by:
3/23/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,566
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Was the court date continued because the occupant hadn't been served yet?

.

.

thanks

Barrister

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Customer reply replied 3 months ago
it was. The real issue is I'm not 100% sure if other people live there. If I end up winning eviction it might be just the one person?
Customer reply replied 3 months ago
Can I amend the case/ complaint

Yes, if you think that there may be others living there, you need to list "And All Unknown Occupants" on the complaint and summons. But if it hasn't been served yet the clerks should just let you amend the complaint and summons to add that language..

.

.

thanks

Barrister

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Customer reply replied 3 months ago
The original summons was not served but I went to court once. The case is continued. Can I add the language before the next case or do I need to start over.

Ok, if you have actually been to court and the defendant didn't appear because they weren't served, then you should still be able to amend the complaint to add that language. It is once they are served that it locks the defendants in place on the complaint. As long as they haven't been served, then it isnt' their turn to respond to the lawsuit.

.

So I would just contact the clerks, make the amendment by adding that language, and then have them reissue the summons and complaint to the sheriff or process server to serve..

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,566
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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