This is my first time suing an ex tenant for damages. I did not have to evict, they moved, but left me a huge mess and damages.

Court date for small claims is this week, it is first appearance.

I went a couple of weeks ago for the sake of research.

Seems that first appearance entails whether they answer my suit or not. If they are a no show, I have filed the amount for a default judgement.

At no time do you give evidence, etc. That is the next step should they decide to answer the suit.

Is it worth me going, just to see if they show up?

To each his / her own :

You will have your answer,

Go to court, if for nothing else than the experience of having "been there, done that" at least once.

My experience in my northeast-but-not-Crook county: If the plaintiff (you or your lawyer) does not show up, the case will be dismissed and you will have lost your court costs and summons serving costs. If the defendant does not show up the judge will ask to see proof that the summons was served and the defendant had enough time to arrange affairs to be at court (I've been delayed because the tenant dodged service until 2 days before the court date. Lost a week). As long as the defendant had proper notification and isn't there my judge will give default judgement to the plaintiff.

No one cares about you and your stuff or your business.

EXCEPT YOU.

No one cares about you and your stuff or your business.

EXCEPT YOU.

Blue,

We ALWAYS show up.

Make certain you can prove good SERVICE on the defendant or your hearing will be postponed.

Call the court and ask if they were served.

ALWAYS GO to court. When I was a green landlord, I havd a 10 year tenant stop paying rent. She thought i would no evict her around Christmas. She was wrong, I filed and began proceedings.

Before the court date she moved out and signed a document saying she had moved out. I ONLY went to court because i wanted the experience.

She too showed up in court, & was unhappy to see me. I am sure she was planning on telling the court something untrue and going after me if I had not show up.

Our local LL meeting was last night, so I asked a couple of the seasoned veterans. Technically, I don't have to be there, but they said that if I write up a payment plan and get the T to sign it, then submit when called, the judge likes that and will agree to it. We will essentally skip a step.

They also thought that since there was no eviction and they are already out, that T won't show.

If tenant has answered and court date set try for a consent agreement. Should tenant sign that bring it to clerks office to give to judge to sign. It's just like court and binds the tenant------ we tell tenant if they sign they can forgo missing work and sitting in court all day waiting for trial.

90% sign.

YUP - go. If they don't go then YOU win. If YOU don't go then it gets thrown out.

In Illinois it doesn't work that way. Probably because they want all the money they can get from court fees!

If the T disagree swith what I say they owe, then we go to the next step. Which is the counter suit. = "the answer". It will cost them $124 to answer my suit. At that next court date is when we both bring our proof to the judge and he decides. If I were to not appear at THAT court date then it would be thrown out.

Since I have filed a default judgment already with a dollar amount, If they don't show, that is the dollar amount of the judgment. Since this is on file, I don't have to be there.

I also filed a consent judgment which means they show up and agree to the amount owed and we go on our way.

My landlord friends are telling me to not only to have the consent judgment paperwork in place, but to also have a payment plan. Assuming it's not egregious, the judge will sign off on it if we have agreed to the terms before hand.

Learning learning learning. It's all good.

1 no show, default judgement; other is taking to the next level. Italked with him, told him I have 200 pics and receipts for everything. He shrugged his shoulders. Onward to next step.