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The Sheriff and His Writ of Evictions

Posted March 22, 2010 by Matthew Denton

In the midst of widespread scam, a sheriff defies the law…but gets fined.

When Cook County Sheriff Tom Dart was installed in his position, he has brought relief to people in Los Angeles ranging from arresting law offenders to acting on foreclosures. He could have been just like any other sheriff in town except that Dart became a national sensation in 2008 when his decisions on real estate foreclosures where too unconventional – he suspended the evictions. That’s because too many renters will be affected where they happen to have paid their dues faithfully to landlords who failed to pay their mortgages to the bank. It turned out that residents were glad of Dart’s bold decision. The law however, was something that he’d have to contend with.

In 2008, Dart justified his actions in his blog by saying, “I may be held in contempt of court over this. If that’s the case, I’m willing to accept it though I believe most judges in Cook County share my desire to find a solution for this mess. We’re asking either the state courts or Legislature to order the banks to simply conduct very basic work before requesting an eviction. I’ve come to this point after spending the last year trying to work with the banking industry, even asking the Legislature to pass a bill requiring them to, at a minimum, let us know if any children, disabled or senior citizens live at the home, so we can connect them with social services. That effort was killed by banking industry lobbyists.”

And the courts listened to him. Before eviction writs can be enforced, the people to be evicted must have been told why it is happening and given an opportunity to solve the problem.

Last March 15 was a different day for the sheriff. Dart was fined $1,400 for carrying out a 2009 eviction delay order. The Chicago Sun-Times reports, “The fine imposed by Cook County Judge Cheryl Ingram represented two months’ lost rent for SKS Properties, which sought a fine based on five months’ rent, said Bill Danna, an attorney for the landlord. SKS, owner of a building in Broadview, was trying to evict a tenant who owed $3,375 in rent. SKS brought a valid eviction order to the sheriff on Aug. 24, but deputies did not remove her until Feb. 16, records show.”

You would be defending Dart this time but the reasons for eviction delay are completely different however. Dart’s spokesman announced that “scheduling problems—caused in part because of a manpower shortage, a backlog of eviction orders and a mistake on an eviction order” delayed the eviction.

There’s nothing wrong with this fine. The tenants should have been evicted without delay. They could have thought that luck (and Dart) will be on their side but it was simply an idiocy on their part.

As for Dart, he must continue his crusade and at least, fix his schedule.

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