1 January 9, 2006 The Self Help Legal Center Southern Illinois University School Of Law Carbondale, IL (618)
2 2 TABLE OF CONTENTS Table of Contents 2 Disclaimer 3 Warning to all readers 4 Who should not use this packet 5 How to use this self help packet 6 Who these people are 7 Other options you may have 8 Other publications on contract for deed sales 9 What these legal terms mean Summary of the law in this area 12 What the Seller must do to get your home 13 Keeping your home even if you lose in court 14 How to file a document in a court file 15 Myths 16 Tips 17
3 Disclaimer Please read 3 This packet of information was prepared to answer general questions and give general advice about the law in Illinois. This packet may or may not also include forms that you can use. When reading this packet or using the forms, keep in mind that the advice, information, and forms were created to assist readers with general issues, not specific situations, and as such does not replace the advice or representation of an attorney licensed to practice in the State of Illinois. Because of this and because of unanticipated changes in the law, the School of Law at Southern Illinois University and the person, institution, or agency who gave you this packet make no claim as to whether the use of this packet will acheive the result you desire and disclaim any responsibility for the consequences of any form prepared or action taken in reliance upon the information in this packet. If you are concerned or do not understand whether this packet will be of assistance to you or will apply to your specific situation, you should talk to an attorney who is licensed to practice in the State of Illinois. If you have any questions about this disclaimer, Look for these symbols to tell you when to: STOP! You need legal representation or advice to continue. USE CAUTION! This is very important so pay attention. GO! You can proceed to the next step. CHECK IT OUT! This issue is discussed in another packet.
4 Warning to all readers 4 Before you proceed with using this packet, you should ask yourself the following questions: 1. Have I tried to consult a private attorney? No self-help publication, packet, or form can replace the advice and experience of a licensed attorney. An attorney may not cost as much as you think, especially if you just need to ask questions. Before you proceed on your own, call several local attorneys, compare prices, and find out whether you can pay an attorney or not. 2. If I cannot afford an attorney, have I tried to find a free source of legal assistance? There are several agencies which provide legal assistance for free to certain groups of individuals. Some of these agencies are listed to the right. While they may not be able to help you with a particular problem, it does not hurt to call them to find out before you proceed on your own. 3. Is this something that I can do on my own? If you have trouble following directions, or have difficulty reading, writing, or speaking in public, you may not be able to follow the directions and advice in this packet. If this is the case, find a friend or someone who can help you before you proceed on your own. Free sources of legal help Land Of Lincoln Legal Assistance Serves the 65 southernmost counties in Illinois Toll Free: For additional information, you may visit their website at Prairie State Legal Services Serves most of northern and north central Illinois outside of Cook County Coordinated Advice and Referral Program for Legal Services serving Cook County Will County Legal Assistance Serving Will County
5 Who should not use this packet 5 This packet discusses what happens if you fall behind on a contract for deed in Illinois and the Seller threatens legal action against you. If the payments on your contract for deed are over a period of more than 5 (five) years and you have paid more than 20 (twenty) percent of the purchase price, the Seller must use the mortgage foreclosure procedure to regain possession of the home. If this applies to you, do not use this packet. Instead consult Packet #2 of the Housing Series which discusses mortgage foreclosure. If you are unsure as to whether this packet applies to your situation, you should seek the assistance of an attorney.
6 How to use this self help packet 6 It is very important that you read each section of this packet completely before you take any action in regard to a legal problem including using any forms that supplement this packet. Because this packet discusses terms and actions you are likely not familiar with, you will need to refer back to the following sections from time to time when reading this packet: People you should know This section describes people that you may come into contact with in regard to a particular legal problem. It is important that you understand who these people are and what they do and don t do. What these legal terms mean This section defines commonly used legal terms in words that you can understand. To use the rest of this packet and any supplemental forms, you need to understand exactly what these terms mean. Summary of the law in this area This section contains summaries of important areas of the law that you need to know. How to file a document in a court file This section answers commonly asked questions about filing documents. Myths and Tips These two sections discuss commonly held misbeliefs about the law and steps that you should take (or not take) that could make your task easier.
7 Who these people are 7 Judge: The judge is the person who presides over the courtroom. In most cases, including contract for deed cases, the judge makes all of the final decisions and approves all agreements. When a judge makes a decision or a finding, it has the force of law. The judge also sets and enforces court rules (like dress codes) and in some courthouses, the judge decides when cases are scheduled. Circuit Clerk: The Circuit Clerk is responsible for creating, managing, and updating court files. When you want to put something in a court file, see a court file, or make a copy of something in a court file, you talk to the Circuit Clerk s staff. In some courthouses, the Circuit Clerk also decides when cases are scheduled. Sheriff: The Sheriff s main duty is to keep the peace and to enforce the law. His/ her role in the legal system, however, is usually to serve (give notice) to people that they are being sued. The sheriff does this by giving the person a notice called a summons. The sheriff also enforces the judge s orders. Attorney: An attorney is someone who can help you with your legal problem by providing you with advice about the law, the legal system, and the merits of your case. An attorney can act as your advocate and can represent you in court and in negotiation settlements. Seller: For the purposes of this packet, the person whom you are paying under your contract for deed is called the Seller.
8 Other options you may have 8 Mediation In some cases, you may be able to work out an agreement with your seller as to what should be done about your home finance problem. A mediator is someone who can meet with you and the person with whom you are having a dispute and help you both come to a resolution you can both agree on. A mediator is not a judge and does not make decisions, but rather helps you and the other parent make a decision. In some counties, mediation is offered in certain types of cases, including contract for deed cases. Local or municipal law In some cities or municipalities, you may have additional rights not mentioned in this packet. For more information on whether a local ordinance affects your situation, consult an attorney.
9 Other publications on contract for deed law 9 Disclaimer: Please Read!! The following is a list of publications which discuss the issues of contract for deeds. Some of these publications are specific to Illinois and others are more general in nature. Because of this and because of unanticipated changes in the law, the School of Law at Southern Illinois University and the person, institution, or agency who gave you this packet make no claim as to the accuracy of the content of these publications including whether they will acheive the result you desire. The School of Law at Southern Illinois University and the person, institution, or agency who gave you this packet disclaim any responsibility for the consequences of any action taken in reliance upon the information in these publications. If you are concerned or do not understand whether a particular publication will be of assistance to you or will apply to your specific situation, you should talk to the publication s publisher or an attorney who is licensed to practice in the State of Illinois. If you have any questions about this disclaimer, call the Self Help Legal Center. At the time we printed this packet, there were no self help publications which we were aware of which discussed this topic. Consult your local public or law library to see if there are any new publications on this topic. For the most recent information, consult the Self Help Legal Center.
10 What these legal words mean 10 answer or response The written response to a complaint or a petition that is filed by the defendant (the person being sued) in a lawsuit. In small claims court, you are not required to file an answer as long as you show up to the first scheduled hearing on the plaintiff s complaint. breach or breaking an agreement To do something that an agreement prohibits you from doing or failing to do something that you had agreed to do. circuit The judicial system in Illinois is divided into circuits. Each circuit defines a geographic area in Illinois. contract for deed When a buyer makes periodic payments directly to the Seller for the purchase of real estate. The Seller retains the deed to the property until the purchase price has been paid in full. A contract for deed is also called a real estate installment contract. exemption rights In Illinois, certain property (including cash, income, personal property, and a portion of your car and home) cannot be taken from you to pay a debt. This property is called exempt property. If a judgment is entered against you in Illinois, you have the right to claim this property as exempt and not use it to pay a debt against you. For a discussion of your rights as a debtor, see Packet #1 of the Consumer Series. default If a person who is sued fails to appear at the first scheduled hearing (or any subsequent hearings) and/or if he/she fails to file an answer to a complaint, petition, motion, etc. filed against him/her, he/ she can be held in default. Being held in default means that the other side (the person who filed the complaint, motion, petition) will usually receive whatever relief or money they were asking for. A person who is sued. defendant deficiency In foreclosure proceedings, the deficiency is the amount (if any) left unpaid by the Buyer after the property is sold and applied to the amount the Buyer owed. hearing (trial) An opportunity for both parties to tell the judge or jury their side of a dispute. Some hearings are court ordered so missing them can result in being held in contempt of court. For hearings which are not court ordered, failure to appear can result in the other side getting what they want in relief.
11 What these legal words mean 11 judgment A final decision or order of the court. jurisdiction Whether the court in a particular state has the power to hear a case or to order someone to do something depends upon whether it has jurisdiction. Jurisdiction can be either over a person or over a thing For a state court to have jurisdiction over a person, generally, the person must either reside in the state or have committed an act in the state that gave rise to the case. lender For the purposes of ths packet, the lender is the person, bank, or other financial institution which loans money to the Buyer to pay the Seller. mortgage When the Seller is paid in full by a lender for a piece of property. The Buyer makes payments to the lender and the lender retains the deed to the property until the purchase price is paid in full. motion A written or oral request to the judge after a lawsuit has been started (see petition). notary public A person who verifies that a signature on a document is made by the person whose signature appears. The notary public does not verify the content of the document itself. petition or complaint A written request to the court. A petition usually starts a lawsuit and contains the facts that one person alleges has happened along with the relief that they are requesting from the court. The person who starts a lawsuit. plaintiff or petitioner pro-se A person who is not represented by an attorney and is involved as a party in a lawsuit. serve or service The process where a person is officially notified of a pending lawsuit. statute The law that the state legislature or federal government enacted on a particular subject.
12 Summary of the law in this area 12 The process to terminate a contract for deed is governed by the Illinois Forcible Entry and Detainer Act. The Forcible Entry and Detainer Act can be found in Chapter 735, Act 5, Section 9 of the Illinois Compiled Statutes. What is a contract for deed purchase? A contract for deed purchase of a home is when the Buyer and the Seller have agreed that the Seller will keep the deed to the home until the Buyer has paid off the total purchase price, usually in installments. A contract for deed is also called a real estate installment contract. Does a contract for deed need to be in writing? No, although it is strongly recommended to help avoid future disagreements over what the terms of the agreement were. What kind of notice must the Buyer receive if he falls behind? The law in Illinois requires the Buyer to receive 2 different notices if he/she falls behind on a contract for deed purchase. Under Section , the Seller must send a notice of his/her intent to terminate the contract for deed and then wait 30 days to allow the Buyer a chance to satisfy the terms of the demand. Under Section 9-102, the Seller must make a written demand for immediate possession of the home. The Buyer s rights to a stay or a hold on the judgment if he/she loses in court: The right of the buyer to keep the home even if he/she loses in court by catching up on all the missed payments is discussed in Section
13 What the Seller must do to get your home 13 If you are late or have missed a payment on your home, contact the Seller and inform the Seller when he/she can expect to receive the missed or late payment. Often problems regarding late or missed payments can be worked out among the Buyer and the Seller without having to go to court. Sometimes, however, the Seller refuses to accept a late payment or says that he/she wants you to leave your home because you were late or missed a payment. The Seller might even threaten to take you to court. You should know, therefore, what the Seller must do if they want you (the Buyer) to leave your home. Under Illinois law, if a Buyer has entered into a contract for deed to purchase a piece of property and later misses or is late with a payment, the Seller must go through 5 steps before the Buyer must leave their home and return it to the Seller. Step 1. Step 2. Step 3. Step 4. Step 5. The Seller must send the Buyer a written notice of his/her intent to terminate the contract for deed. The Seller must then wait 30 days before proceeding to Step 2. The Seller must make a written demand for immediate possession of the home. The Seller must file a complaint against the Buyer in court asking for the possession of the home. When the Seller files his/her complaint, a date for a hearing in court on the complaint will be selected. The Buyer must be served with a Summons and a copy of the complaint against the Buyer. The Summons must notify the Buyer of the place, time, and date of the court hearing. A court hearing must be held where the Seller and the Buyer can call witnesses, present evidence, and testify before a judge and/or a jury. If the Buyer has received a Summons informing them about the hearing and the Buyer does not appear, then the hearing will proceed without the Buyer and the Buyer will most likely, lose. If the Seller prevails at the hearing, a Judgment will be entered by the judge granting possession of the premises to the Seller and the Buyer must leave the premises.
14 How to keep your home even if you lose in court 14 If the judge finds that the Buyer has paid 25% or more of the total purchase price of the property, he must postpone enforcement of the judgment for at least 60 days but can grant up to 180 days for the Buyer to catch up on any missed payments. If the Buyer catches up on their payments during that time, they get to keep the home and the contract for deed remains in effect. Consequently, if you have paid 25% of the total purchase price, therefore, and a judgment is entered against you giving the premises back to the Seller, you should inform the court that you want at least 60 days under the law to give you time to try to catch up on your payments.
15 Q&A about filing documents 15 Q: What is a court file? A: The file is the way that the courthouse keeps track of a lawsuit. The file includes all of the documents that were filed, notices of hearings, notes by the judge and clerk, and letters to and from the judge and clerk. Q: When do you need to file a document in a court file? A: Generally, you will file a document when you want to: have evidence that a task was completed; record an event or a statement; or give notice to someone about something. Q: What does it mean to file a document in a court file? A: Generally, filing a document means giving the Circuit Clerk a copy of a document so that he/she can place it in the court file you want it to go in. When the Clerk files the document, he/she will stamp it with a stamp that says the date (and sometimes the time) the document was filed. Q: Does filing a document make it legal? A: No. The Clerk will not check to make sure that your document is in compliance with the law. Most of the time you can file anything you want as long as you are willing to pay for the filing costs. It does not mean, however, that what you have filed is correct. Q: Why is filing so important? A: Most of the time, filing is the primary way to show that you have met the deadline for something either to initiate a lawsuit or to notify someone of a lawsuit or a hearing. Filing is also the way that you notify the court of your answer (response) to lawsuit started against you. Please note that failure to file something on time can cause you to lose your right to proceed with your claim or you may be forced to start over.
16 Myths 16 4 Commonly held beliefs about contract for deed sales which are not true: I sent in a partial payment to the Seller and they sent it back to me. This means that I don't have to send it in again or that I can use the money on something else. It also means that they can't sue me. While you can use the money on something else, that is not a good idea for several reasons. First, just because the Seller returned a partial payment does not deny them the option of taking you to court. Second, do not confuse the fact that a payment was returned to you as a sign that the Seller doesn't care if you sent in partial or late payments. Often, the reason a payment is sent back is because the Seller is concerned that if they accept a partial payment it will be used as evidence they agreed it was OK for you to continue to send partial payments. You should save the partial payment until you can afford to send in a full payment. Third, the more money you pay or save to pay on your home now will lower the amount you may have to come up with later to exercise your right to catch up on your missed payments (see page 14). I don t need to record my contract for deed until it is paid off. Wrong. You should record your contract for deed with the Recorder s office in your county as soon as you sign the contract. There are 2 reasons for this. First, it will inform anyone who tries to buy the property from the Seller or take the property via a tax sale, foreclosure, etc, that you have an interest in the property. Second, in the event that the Seller tries to sell the same piece of property to two different Buyers, the law will look at who recorded their agreement to purchase first as a method in determining who gets to keep the property. Like a landlord, the Seller is responsible for maintaining the home. Wrong. Unless your contract says otherwise, the Buyer is responsible for maintaining the home. I don t need to worry about paying taxes or keeping insurance on the home until I have paid it off. Wrong. Unless your contract says otherwise, the Buyer is responsible for maintaining insurance on the home and paying any real estate taxes that are for the period of the contract.
17 Tips 17 Get everything in writing. While it is not required, you should try to get all verbal agreements with the Seller in writing in the event that you have to prove the terms of the agreement. For example, if the Seller agrees to allow you to pay less then your regular monthly payment for a period of time, you should get this in writing. Look at your income and expenses realistically Before you decide whether to employ one of the options in this packet, you should realistically look at your monthly expenses and your income and figure out what you can afford to pay on a regular basis. Take whatever you need to prove your claim to your hearing Remember that you can only testify as to facts or events of which you have direct personal knowledge. If you need a witness, document, picture, etc. to prove something, make sure that you bring it with you on the date of your hearing. Do not assume that the judge will give you a continuance to get this information or that the judge will require the other party to give this information to you. Similarly, keep in mind that documents like letters, estimates, and written statements may not be considered by a judge if the person who wrote the letter/estimate/or statement doesn t appear in court on the date of your hearing. If you need this evidence to prove your claim, you should either bring these people with you or subpoena them to appear in court. Get help if you need it If you have trouble following directions, doing things on time, filling out forms, or keeping track of paperwork, appearing in court may be much more stressful than it needs to be. If, however, you have a friend you can help you do these things, the job will be a lot easier. Keep in mind, however, that a friend cannot take the place of the advice and experience of an attorney licensed to practice in the State of Illinois. Consequently, if you need legal advice or if representing yourself in court proves to be too difficult a task for you, talk to an attorney. Board of Trustees,Southern Illinois University
January 9, 2006 The Self Help Legal Center Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217 2 TABLE OF CONTENTS Table of Contents 2 Disclaimer 3 Warning to all readers 4 Who
Your Rights as a Landlord or Tenant in Illinois The Self Help Legal Center Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217 e-mail: firstname.lastname@example.org TABLE OF CONTENTS Table
Updated September, 2006 The Self Help Legal Center Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217 2 TABLE OF CONTENTS Table of Contents 2 Disclaimer 3 Warning to all readers
Updated: March 10, 2005 The Self Help Legal Center SIU School Of Law Carbondale, IL 62901 (618) 453-3217 Disclaimer Please read 2 This packet of information was prepared to answer general questions and
July, 2011 The Self Help Legal Center Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217 2 TABLE OF CONTENTS Table of Contents 2 Disclaimer 3 Warning to all readers 4 How to
February, 2007 The Self Help Legal Center Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217 e-mail: email@example.com 2 TABLE OF CONTENTS Table of Contents 2 Disclaimer 3 Warning
What is Family Mediation? February, 2007 The Self Help Legal Center SIU School of Law Carbondale, IL 62901 (618) 453-3217 firstname.lastname@example.org Disclaimer Please read 2 This packet of information was prepared
Appendix F1: Instructions for Filing a Motion to Vacate Judgment--Page 1 of 10 Instructions for Filing a Motion to Vacate a Judgment Use these forms if all of the following are true: You are the defendant
Frequently Asked Questions (FAQs) in South Carolina Master-in-Equity Court WARNING: You are strongly encouraged to seek the advice of an attorney in any legal matter. If you move forward without an attorney,
When and How to get Guardianship for a Disabled Adult February 2007 Disclaimer Please read This packet of information was prepared to answer general questions and give general advice about the law in Illinois.
FORECLOSURES This handout was prepared by Legal Services of Greater Miami, Inc.(LSGMI) with support from the Institute for Foreclosure Legal Assistance. LSGMI represents homeowners in foreclosure and homeowners
MOHAVE COUNTY JUSTICE COURT If you want to file a SMALL CLAIMS ANSWER MOHAVE COUNTY JUSTICE COURT You (the defendant) have TWENTY (20) calendar days to file an answer to the small claims complaint. The
Missouri Small Claims Court Handbook The Missouri Bar Young Lawyers' Section TABLE OF CONTENTS I. INTRODUCTION TO THE SMALL CLAIMS COURT...1 Page II. THINGS TO CONSIDER BEFORE BRINGING A CLAIM...1 A. WHO
Landlord/Tenant Frequently Asked Questions What Types of Claims Are Filed? Where Do I File a Landlord/Tenant Complaint? How Do I Go About Filing a Landlord/Tenant Complaint? What Are the Filing Fees? How
Frequently Asked Questions Foreclosure What is a Foreclosure? How Can I Avoid A Foreclosure Once a Complaint Has Been Filed Against Me? Where is a Foreclosure Complaint Filed? What Should You Do if Served
SMALL CLAIMS COURT What Is Small Claims Court? Nebraska law requires that every county court in the state have a division known as Small Claims Court (Nebraska Revised Statute 25-2801). Small Claims Court
February, 2007 The Self Help Legal Center SIU School Of Law Carbondale, IL 62901 email@example.com (618) 453-3217 2 TABLE OF CONTENTS Table of Contents 2 Disclaimer and Symbols you should look for 3 Warning
This communication is made available by Colorado Legal Services, Inc., (CLS), as a public service and is issued to inform not to advise. No person should attempt to interpret or apply any law without the
HOW TO ANSWER A LAWSUIT FOR DEBT COLLECTION Introduction This packet should help you if you have been served with a lawsuit in a debt collection case. THIS PACKET IS NOT A SUBSTITUTE FOR ACTUAL REPRESENTATION
Creditor Lawsuits Handbook In Magisterial District Court A Handbook for people dealing with creditor lawsuits, including information on such suits and common defenses. Revised July 2009 Introduction This
HOW TO REPRESENT YOURSELF IN CIVIL CASES IN JUSTICE COURT If you are reading this you have either been sued in Justice Court, or you are thinking about suing someone in Justice Court. Following are the
Community Alliance of Tenants Tenant Education Information is for general information purposes only, and is not a substitute for the advice of an attorney Small Claims Court Information provided by Oregon
INDEX WHO CAN BE SUED IN SMALL CLAIMS Pg. 1 RESTRICTIONS ON CLAIM AMOUNTS Pg. 1 FILING FEES Pg. 1 OTHER LEGAL OPTIONS Pg. 1 HOW DO I FILE A CLAIM Pg. 2 WHERE SHOULD I FILE A SMALL CLAIM Pg. 2 WHAT HAPPENS
EARLY CARE & EDUCATION LAW PROJECT Publication Date: May 2010 WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT In the operation of your child care business you may encounter problems which force you to go
INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS INTRODUCTION TO SUE OR NOT TO SUE? HOW TO FILE A SMALL CLAIMS CASE WHERE TO FILE FILING FEE NOTICE TO THE DEFENDANT COUNTERCLAIMS PREPARING FOR TRIAL
A Guide to Small Claims Court Legal Aid of North Carolina, Inc. November 2013 Anyone 18 or over has the right to start a lawsuit in the North Carolina court system. If the lawsuit is for a claim of $10,000
FORECLOSURE GLOSSARY NOTICE: This glossary of legal words and phrases related to foreclosure is provided to you by the Clermont County Common Pleas Court to help you better understand your legal problem
Sangamon County Circuit Clerk s Office Small Claims Court Manual Small Claims Court Manual 1 The purpose of this guide is to explain, in simple language, the workings of the Small Claims Court in Sangamon
EARLY CARE & EDUCATION LAW UNIT Publication Date: November 2013 WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT In the operation of your child care business you may encounter problems which force you to
STATE OF NEW HAMPSHIRE PROBATE COURT PROCEDURE BULLETIN 28 Civil Actions under RSA 547:3 This procedure bulletin is prepared for informational purposes in processing case files. It is not intended to provide
PATHS OF A FORECLOSURE IN NEW YORK STATE BORROWER DELINQUENT 2-3 months late with mortgage payments 90-DAY PRE-FORECLOSURE NOTICE Lender sends notices, bills, letters to borrower stating that he/she is
Helpful Agencies Here are some agencies which may lead you to lawyers who can help you: Lake County Bar Association 7 North County Street Waukegan, IL 60085 847-244-3140 www.lakebar.org Prairie State Legal
The Bank is trying to take my home What is the process and what can I do? When you buy a home, it is common to borrow most of the money from another party, usually a bank. This party is called the lender.
JUSTICE OF THE PEACE PRECINCT FAX INSTRUCTIONS AND INFORMATION FOR FILING SMALL CLAIMS/DEBT CLAIMS CASES IN JUSTICE COURT PLEASE READ CAREFULLY BEFORE COMPLETING THE PETITION 1. The amount of debtor damages
The mission of the Legal Aid Society is to pursue justice for people in poverty. The information in this booklet is for educational purposes only. Do not rely on it if you live outside Louisville, Kentucky.
INSTRUCTIONS FOR FORCIBLE ENTRY AND DETAINER (FED)/EVICTION These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent
Frequently Asked Questions about Garnishments/Judgments The Court entered a judgment ordering the other party to pay me money. When/how will I get paid? It is your responsibility to collect a money judgment
What Happens If I Cannot Keep Up With My Debt Payments? Owing money is called being in debt. It can be stressful if you are having trouble keeping up with your bill payments, or you are worried about being
PATHS OF A FORECLOSURE IN NEW YORK STATE BORROWER DELINQUENT 2-3 months late with mortgage payments Lender sends notices, bills, letters to borrower stating that he/she is delinquent Borrower has multiple
In General: What is a limited action suit? Per chapter 61, Limited Action cases in Kansas are civil cases where the dollar amount does not exceed $25,000.00, unless it is an unsecured debt, in which case
Utilities #5 August 3, 2000 The Self Help Legal Center Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217 2 TABLE OF CONTENTS Table of Contents 2 Disclaimer 3 Warning to all
GENERAL INFORMATION ON SMALL CLAIMS COURT This information is prepared and provided by Legal Services of Greater Miami, Inc. Small Claims Court is a court where you do not need an attorney to represent
PATHS OF A FORECLOSURE IN NEW YORK STATE BORROWER DELINQUENT 2-3 months late with mortgage payments if S/P or N/T 90-DAY PRE-FORECLOSURE NOTICE* for all subprime and non-traditional loans (as defined by
DOMESTIC VIOLENCE AND THE NEW MEXICO FAMILY VIOLENCE PROTECTION ACT This information guide is general in nature and is not designed to give legal advice. The court does not guarantee the legal sufficiency
Please read these instructions before you file your papers. These instructions may contain some legal words that are not familiar to you. A list of common legal words and their definitions is attached.
Pre-Judgment: Basic Steps to Small Claims Service Service or service of process are the legal terms used to describe the act of giving notice of a lawsuit or court hearing to another party. There are several
in Alberta Foreclosure for Landlords and Tenants Feverpitched Dreamstime.com You should not rely on this You booklet should for not legal rely advice. on this It booklet provides for general legal advice.
JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 SMALL CLAIMS INSTRUCTIONS FOR FILING ***EFFECTIVE JANUARY 1,
Western Mass. Legal Services PRO SE DIVORCE CLINIC OVERVIEW CONTENTS INTRODUCTION... 1 CAN YOU GET DIVORCED IN MASSACHUSETTS?... 3 CAN YOU FILE YOUR DIVORCE IN BERKSHIRE COUNTY?... 4 THE DIVORCE PROCESS...
SMALL CLAIMS RULES Rule 501. Scope and Purpose (a) How Known and Cited. These rules for the small claims division for the county court are additions to C.R.C.P. and shall be known and cited as the Colorado
INSTRUCTIONS FOR COLLECTING A JUDGMENT AND COMPLETING A WRIT OF GARNISHMENT These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose
Home Mortgage Foreclosures in Maine Find more easy-to-read legal information at www.ptla.org Important Note: This is very general information about home mortgage and foreclosure rules in Maine. It is not
Information For Tenants About Evictions And the Court Process Prepared By: APPALACHIAN LEGAL SERVICES Page 2 "Information About Evictions" 1-800-834-0598 "Information About Evictions" Page 3 If you have
SUPERIOR COURT OF STANISLAUS COUNTY SELF HELP CENTER HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH ACTIONS (THIS GUIDE ONLY APPLIES TO LAWSUITS INVOLVING
L e g a l S e r v i c e s O f N o r t h e r n C a l i f o r n i a Solano County Office 1810 Capitol Street Vallejo, CA 94590 Voice: (707) 643-0054 (800) 270-7252 Fax: (707) 643-0144 Email: firstname.lastname@example.org
HANDLING YOUR OWN DIVORCE CASE MATERIALS FOR PARTICIPANTS IN THE PRO SE DIVORCE WORKSHOP Do I have to have a lawyer? HANDLING YOUR OWN DIVORCE CASE Under West Virginia law, you are not required to have
New Jersey Judiciary Information for Residential Tenants Superior Court of New Jersey Law Division Special Civil Part Landlord/Tenant Section Information for Residential Tenants page 1 In New Jersey, you
ALL SMALL CLAIMS SERVICE Once you have decided to file small claims, you will need the following: 1. TOTAL AMOUNT OWED - rent due, property damage, stolen items, cleaning fees, etc. (Total amount cannotexceed
H ELP FOR N EW Y ORK S TATE H OMEOWNERS C ONCERNED A BOUT F ORECLOSURE Common Mortgage and Foreclosure Terms Talking about mortgages can feel like speaking a foreign language and is even more confusing
sd Financial Series Foreclosure in Alberta Property foreclosure can be a complicated and confusing experience for You should not rely on this booklet for legal advice. It provides general information on
Sangamon County Circuit Clerk Anthony P. Libri Small Claims Court Manual The purpose of this guide is to explain, in simple language, workings of Small Claims Court in Sangamon County. Because procedures
Form 15: Temporary Restraining Order The four forms that follow these instructions can help you file a civil complaint to ask a court for a temporary restraining order (called a "TRO" for short). A TRO
GUIDE FOR FAMILY LAW CASES NINETEENTH JUDICIAL CIRCUIT LAKE COUNTY, ILLINOIS PREPARED BY THE JUDGES OF THE NINETEENTH JUDICIAL CIRCUIT AND THE LAKE COUNTY BAR ASSOCIATION The materials contained herein
Avoid a Foreclosure Notebook A foreclosure is a catastrophic event for any property owner and has serious legal, credit and tax implications. Working with homeowners on the verge of foreclosure or in the
Your Rights if Your Spouse Has Filed for Divorce in Illinois March, 2007 The Self Help Legal Center SIU School of Law Carbondale, IL 62901 (618 453-3217 email@example.com Disclaimer Please read 2 This packet
Connecticut Judicial Branch Self-Represented Parties Information Series Starting a Lawsuit in Connecticut Slide 1 Welcome to the Connecticut Judicial Branch Law Libraries Self-Represented Parties Information
SELF-HELP RESOURCE CENTER INSTRUCTIONS FOR THE LA. C.C. ART. 103 (5) DIVORCE FORM PACKET THE FAMILY COURT OF EAST BATON ROUGE PARISH SELF-HELP RESOURCE CENTER Located on the Fourth Floor Nineteenth Judicial
FORECLOSURE When you borrow money to buy a house or land, the creditor usually takes a security interest in the property you buy. This means that if you don t pay, the creditor can foreclose upon (or take
TENANTS AND FORECLOSURE: QUESTIONS AND ANSWERS ABOUT RIGHTS FOR LOUISVILLE RENTERS The mission of the Legal Aid Society is to pursue justice for people in poverty. This booklet provides general information
Nourishing the Creative Spark! 213 W. Institute Place, Suite 403 (312) 649-4111 Phone Chicago, IL 60610 (312) 944-2195 Fax firstname.lastname@example.org This guide is intended to give a brief overview of some aspects
WHAT IS SMALL CLAIMS COURT? Information Provided by the Office of MARYANNE MORSE CLERK OF THE COURTS SEMINOLE COUNTY, FLORIDA ATTENTION WHEN FILING A SUIT IN COUNTY COURT, IT IS MANDATORY THAT YOU PROVIDE
HOW TO SURVIVE GARNISHMENT Todd Murray The Todd Murray Law Firm, PLLC 800 Washington Ave N Suite 704 Minneapolis, MN 55401 (612) 284-4141 email@example.com IMPORTANT INFORMATION PLEASE READ THIS FIRST
THE 508 SERIES - DEBT CLAIM CASES RULE 508.1. APPLICATION Rule 508 applies to a claim for the recovery of a debt brought by an assignee of a claim, a financial institution, a debt collector or collection
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA If you had a loan serviced by Ocwen Loan Servicing, LLC, your rights may be affected by a class action settlement, including your right
South Carolina Office of Child Support Enforcement Administration for Children & Families U.S. Department of Health and Human Services Changing a Child Support Order in Your State The information below
Sm a l l Cl a i ms Co u r t A Citizens Guide Ninth Edition Published by the Ohio Judicial Conference in cooperation with the Ohio State Bar Foundation. This pamphlet is for informational purposes only.
SUMMARY OF MECHANICS LIEN LAW FOR THE DISTRICT OF COLUMBIA Section Contents Pre-lien Notice(s) Introduction Section Contents Mechanic s Lien Who is Entitled to a Lien? When to File/Record Where to File/Record