Thursday, September 11, 2008

Be Careful when drafting Orders of Possession

Since one of my personal pet peeves is people who don't take responsibility for mistakes and blame others instead, let me say up front that I made a mistake! On Cook County's Orders for Possession there are 4 places where you write the Defendant's name and in a recent case I accidentally wrote the Plaintiff's name in one of those 4 places. And because of that, the Cook Sheriff would not evict and I had to go back to court and correct that error.

On the lawyer end, I think the teaching point is draft Orders (or have a secretary draft) at your office before court. In many areas of practice where there's uncertainty about what a court will do this isn't possible, but in eviction land with Orders of Possession I think it is. On the Sheriff side, do you really not know the correct defendant in my scenario?? Hmmm.....

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