The Illinois Trial of Right of Property-Complaint is a legal document used to initiate a court action for the purpose of recovering money or personal property that is believed to have been wrongfully taken. It is a type of civil action often brought by a plaintiff against a defendant, such as a creditor or a landlord, who has allegedly wrongfully withheld property belonging to the plaintiff. The complaint describes the facts of the case and the legal basis upon which the plaintiff is suing. Generally, it is filed in the circuit court in the county where the defendant resides. The Illinois Trial of Right of Property-Complaint comes in two forms: a “Complaint for Possession” and a “Complaint for Money Damages.” The “Complaint for Possession” is used to reclaim personal belongings that are believed to have been wrongfully taken from the plaintiff’s possession. The “Complaint for Money Damages” is used to recover money from the defendant that the plaintiff believes was wrongfully withheld. In both types of complaints, the plaintiff must provide proof of the defendant’s wrongfustandsas any other relevant information. Additionally, the plaintiff must submit a copy of the court summons and complaint to the defendant. Once the defendant is served, they must answer the complaint within thirty days or a default judgement may be entered against them. If the case goes to trial, the court will make a decision based on the evidence presented by both parties.
Illinois Trial of Right Of Property-Complaint
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2-1101. Subpoenas. The clerk of any court in which an action is pending shall, from time to time, issue subpoenas for those witnesses and to those counties in the State as may be required by either party. Every clerk who shall refuse so to do shall be guilty of a petty offense and fined any sum not to exceed $100.
A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.
?2-615 Motions to Dismiss ?In a 2-615 Motion to Dismiss, the defendant argues that there is some defect on the face of the Complaint that makes it improper and makes dismissal of the case appropriate. Typically, 2-615 Motions are granted when the Complaint fails to state allegations which amount to a cause of action.
Whenever any goods or chattels have been wrongfully distrained, or otherwise wrongfully taken or are wrongfully detained, an action of replevin may be brought for the recovery of such goods or chattels, by the owner or person entitled to their possession.
Failure to state a claim In the complaint, the plaintiff must also allege all of the elements of the claim. Failure to allege all elements of the claim is a reason for a Motion to Dismiss. For example, in a car accident, the plaintiff may claim that the defendant was negligent.
A detinue complaint asks the court to issue an order to the debtor or other person in possession to surrender the property directly to the creditor so that it is not necessary to know where the collateral is, only the location of the person in possession.
For example, in Illinois, the rules generally require an ?affidavit? be notarized, though there are specific types of affidavits to which the requirement does not apply, such as affidavits being filed in support of a motion for summary judgment or a motion for involuntary dismissal.
Any person who makes a false statement, material to the issue or point in question, which he does not believe to be true, in any pleading, affidavit or other document certified by such person in ance with this Section shall be guilty of a Class 3 felony.