EMERGENCY MOTION FOR APPOINTMENT OF RECEIVER

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					             EMERGENCY MOTION FOR
            APPOINTMENT OF RECEIVER
                                         CASE CAPTION

                EMERGENCY MOTION FOR APPOINTMENT OF RECEIVER

Plaintiff _________, by his attorneys, moves this Honorable Court to enter an order appointing a
receiver for the building at ___________________, without notice to defendant __________.

In support of his motion, plaintiff under oath states:

1. The building at ___________________, contains three rental units.

2. The first apartment is occupied by ______________and his/her family. Then second
apartment is occupied by _________and his/her family. The third apartment is occupied by
Plaintiff, _____________.

3. Defendant _____________is the owner of the building at _______________. He currently
resides at 999 Wood Street, Chicago, Illinois. He currently is making no payments to Name of
Utility Company for type of utility service.

4. Pursuant to a contract entered into between Defendant and Utility Company, Defendant is
responsible for the payment of bills incurred for utility service supplied to the building at
_________________________________.

5. Defendant Smith is currently $2,598.74 in arrears in payment of bills to Peoples Gas.

6. As a result of the arrearage, Utility Company has terminated type of utility service to the
building at ________________

7. Plaintiff has made repeated unsuccessful attempts to have type of utility service restored to the
building at ___________________.

8. Plaintiff and his children have suffered and will continue to suffer irreparable injury because
of the absence of utility services in the home. They lack any adequate remedy at law.

9. The Rental Property Utility Service Act (the Act) requires the court to appoint a receiver

       [u]pon a finding that the tenants’ utility service is subject to termination or has been
       terminated as a result of an amount due and owing by the landlord to the utility company.
       765 ILCS 735/2.
10. Name and Address of Potential Receiver, is willing and able to be made receiver of the
building at ___________.

11. The Act requires a utility company to restore service as soon as it receives notice of the
appointment of a receiver pursuant to that statute.

12. Because of the urgency of this matter, plaintiff has been unable to give formal notice of this
motion to defendant other than to send him copies of this motion and complaint and the attached
letter informing him of the time and place of the hearing on plaintiff’s emergency motion.
Because of defendant 's failure to make any payments to the utility company, requiring formal
notice prior to the appointment would be a futile act.

NOW THEREFORE, plaintiff requests the following relief:

A. Pursuant to the Act, the appointment of ____________ as receiver, without notice and
without bond, for the building at __________________, for the purpose of collecting rent from
the tenants and paying current bills, and using the excess, if any, in any manner the Court shall
direct.

B. Such other and further relief as the Court finds just and equitable.

Respectfully submitted,

___________________

Attorney for Plaintiff



CERTIFICATION

Under penalties as provided by law pursuant to §1-109 of the Code of Civil Procedure, the
undersigned certifies that the statements set forth in this instrument are true and correct except as
to matters therein stated to be on information and belief, and as to such matters the undersigned
certifies as aforesaid that he verily believes the same to be true.

Last Updated: 01/14/2003

				
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