Eviction Process Under Foreclosure
The Lake County Sheriff’s Office does not provide legal advice. The Sheriff’s Office may provide information about its policies and procedures for Service of Process. This should not be considered legal advice. If you have questions related to legal issues, contact an attorney or visit the 19th Judicial Circuit’s Center for Self Representation in the William D. Block Memorial Library located in Lake County Government Building, 18 N. County Street in Waukegan.
The Lake County Sheriff’s Office Civil Process Division is the only entity able to enforce an eviction.
The Lake County Sheriff’s Office schedules eviction dates upon receiving a certified Order Approving Sale, along with an additional copy. The eviction date is generally scheduled following the stay date (usually 30 days). Certified Orders Approving Sale may be obtained at the Lake County Circuit Clerk’s Office.
Evictions are scheduled on the first available date following the stay date. Eviction dates are based on a first come, first serve basis. Upon receipt of the Certified Order Approving Sale, a request may be made to the Lake County Sheriff’s Office to schedule the eviction.
If there are any persons occupying the property that are not the homeowner, an eviction cannot be enforced. It is the Plaintiff’s responsibility to check the property for any tenants or “unknown occupants”. If tenants or “unknown occupants” are occupying the residence, the Plaintiff/Plaintiff’s Attorney is required to obtain a “Forcible Entry and Detainer Order” specifically naming “unknown occupants”.
Plaintiff does not have the right to change locks or prohibit tenant(s) from entering or exiting the premises if an eviction has not been enforced.
On the day of the eviction, the Plaintiff is required to have a minimum of three (3) capable movers and a locksmith (if necessary) at the property at the specified time of the eviction. Tarps and bags may be necessary in case of inclement weather. A Deputy Sheriff will meet the Plaintiff at the address and notify the Plaintiff where to place remaining belongings. Belongings taken out of the property must remain at the designated location for a minimum of twenty-four (24) hours. Following the 24 hours, it is the responsibility of the Plaintiff to remove the belongings according to the city/municipal ordinances. Please contact the appropriate city/municipality regarding city/municipal ordinances.
In addition to the scheduling fee, an Enforcement Fee of $78.00 per Deputy, per hour plus mileage is charged. A one hour minimum fee charged and prorated every 15 minutes thereafter. Billing occurs following enforcement of the order, and payment due upon receipt. Failure to pay may result in immediate legal action.