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Notarized
Affidavit of Service
The Affidavit on
the tenant’s copy of the Five Day Notice is always blank.
Before you file
the Court documents, you need to prove how and when the Five Day Notice
was served. The lower half of your Five Day Notice (the duplicate of the
Notice served on your tenant), comprises an Affidavit of Service. Some
Five Day Notices may have the Affidavit of Service printed on the back
side of the form.
Illinois law
requires proof that legal notices have been properly served. In most
cases, this requires that a law officer or other properly licensed
official performs the actual service and then certifies, on oath, to
having done so. In eviction cases, however, the burden of proof is less
stringent; the law allows civilian service and a notarized Affidavit of
Service to be sufficient proof. The court considers this prima facie
proof of service.
The person who
actually served the tenant is required to sign the Affidavit in the
presence of a notary. Before meeting the notary, fill in the form
completely, leaving the signature line blank.
Remember: The
Affidavit of Service is never completed until the five-day notice has been
served.
Bring a copy (not
the original) to the courthouse when filing the eviction paperwork. Also,
bring a copy of the written lease. Ask the clerk to include both documents
in the court file.
My
tenant Sammy
One tenant, Sammy,
waved his Notice in my face and told me it was defective because the
Affidavit was blank. He had checked with the local police department who
had told him so.
"Okay, fine.
Tell it to the judge."
Sammy was steamed.
He gave me a handwritten letter; I still grin from ear-to-ear every time
I read it. Here’s what the letter said:
(Click here
to see the actual letter)
Remember, the
local police department has no standing in eviction cases unless criminal
laws are broken.
On the return
date, Sammy was at the courtroom on time and ready for a fight. He carried
a thick envelope full of evidence. But as prepared as he thought he was,
things didn't go the way he planned.
Judge to Sammy:
"Do you owe the rent?"
Sammy:
"Yes."
Judge:
"When can you move out?"
Sammy:
"What do you mean?"
Judge:
"You agree that you owe the money, so you need to move out. When can
you move out?"
Sammy: "I’ll
need at least a month."
Judge: "I’ll
give you a week."
It was all over before Sammy
had a chance to say "People's Court."
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