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Questions Answered by Burton A. Padove
1 Answer | Asked in Small Claims for Illinois on
Q: We a client with unpaid invoices from 2009. We have a signed contract. Can we stop providing services?

We are a small IT firm that provides a monthly maintenance for a fee of $190. We have a signed contract with a small printing company and they have outstanding invoices that date back to 2009. They currently owe $2,573. We are just about to file the paperwork for small claims in Kane County... View More

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answered on Jul 8, 2011

It is hard to say without seeing the default provisions in the contract. If you do not have default provisions, you need to hire counsel to rewrite your contracts. For now, you should give reasonable written notice that you are terminating services.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My landloard has not fixed huge leak in basement after repeated requests to do so for over a year.What can I do now.

We live in Northern Il.Does the il. Housing Athoeity rules apply to this area?

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answered on Jul 8, 2011

You need to look at your lease to see ifthere are any rights spelled out. If this poses a health problem or significantly interferes with your use of the property, you have cause for asserting constructive eviction, moving out and possibly getting some rental payments back.

You can also...
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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I have never been late on my rent before if I am one day late on rent can landlord deliver a 5 day notice?
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answered on Jul 8, 2011

Yes. Not likely to happen unless it is an established procedure that you landlord never deviates from.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Where do i obtain a notice to quit for renters
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answered on Jul 8, 2011

You should be able to obtain one from a local attorney or a legal supply store.

1 Answer | Asked in Business Law for Illinois on
Q: How can I legally STOP a competitor from soliciting dealers to leave my Antique market and go to his?
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answered on Jul 8, 2011

Unless the competitor is violating a non-compete clause or is conducting itself in a manner that constitutes unfair competition such as interfering with a contract you may not be able to do so. I suggest that you contact a local attorney for a consultation.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I am renting out my home, the tenants moved in Dec. and they have not paid Jan or Feb rent, what can I do? How do I get

Possession of my home right away?

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answered on Jul 8, 2011

You cannot get possession right away. You have to provide the appropriate notice and then file for eviction.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I'm in illinois and my landlord sold the building we live in. we have a lease contract for 1 year can we live the lease?
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answered on Jul 8, 2011

You are still obligated under the lease. However, you will now pay the new landlord.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: We moved into a condo turned rental unit last October. Now they have switched back to Condo and we have to move out
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answered on Jul 8, 2011

What is your question?

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: If you only have a month to month lease and the tenant dont pay rent do i have to go to court to evict her
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answered on Jul 8, 2011

Yes. You may also want to give 30 days notice in the event that there is a dispute concerning whether the payment was made or there is a claim that the place is inhabitable and therefore rent is not owed..

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can my landlord charge me now to enter the swimming pool, if it was part of my rental agreement?
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answered on Jul 8, 2011

If your agreement allows you free use of the pool, absent another clause that allows the landlord to change the terms, there should not be a charge.

1 Answer | Asked in Bankruptcy for Indiana on
Q: House sold in ky. buyers have filed bankruptcy. what do i do.
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answered on Jul 8, 2011

Assuming that you are a mortgage holder or sold the house on an installment contract, you file a claim with the court and hire counsel as the situation is quite complex.

1 Answer | Asked in Bankruptcy for Indiana on
Q: To fiel a chapter 7 bankruptcy do you have to have $10,000 in debt
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answered on Jul 8, 2011

The more important consideration is the kind of debt and whether it is dischargeable. The answer to your question also depends on whether you are seeking a Chapter 7 bankruptcy. If so you have to pass the means test. That test determines whether your income is low enough for you to qualify to... View More

1 Answer | Asked in Adoption for Illinois on
Q: How can I adopt my step-children?
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answered on Jul 8, 2011

It is a wonderful that you love your step children enough to want to adopt them. Doing so, gives them benefits that they would not otherwise have.

The procedure is a bit too complex to explain in this forum. However,

the Illinois Legal Aid Website has a very thorough explanation...
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1 Answer | Asked in Civil Litigation for Illinois on
Q: Do I have to appear in court if notice says:This cause is set on the status call for Friday... You must appear.
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answered on Jul 7, 2011

If you don't and you are a plainitff, your case could be dismissed. If a defendant, a default could be entered.

1 Answer | Asked in Civil Litigation for Illinois on
Q: How many court extensions can i get before the court enters a default judgement against me if I am finding an attorney?
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answered on Jul 7, 2011

The answer is that the court has complete discretion. Therefore, you should make finding an attorney a priority. You should also document who you spoke with and where cocnering your attempts to find an attorney.

2 Answers | Asked in Civil Litigation for Illinois on
Q: What section of the Illinois Code provides for admission of attorneys pro hoc vice?
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answered on Jul 7, 2011

I believe that you can find that in the Illinois Code of Professional Responsibility.

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1 Answer | Asked in Civil Litigation for Indiana on
Q: If I hired a Civil Attorney and I don't feel he is doing his job can I get a new one?
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answered on Jul 7, 2011

You have an absolute right to discharge your attorney and hire a new one.

2 Answers | Asked in Libel & Slander for Indiana on
Q: Can charges be filed against an individual who is spreading lies constantly?

I live in Indianapolis, IN and I have a female friend that I have been with intimately very seldom over the past two years. She also dated a guy who is very jealous of her because she does not want to be with him. This nut has been spreading lies about me for many years but I don't let him... View More

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answered on Jul 7, 2011

Yes, there is legal recourse. YOu ca nsue him for defamation. You also may be able to obtain a restraining order.

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1 Answer | Asked in Employment Law for Indiana on
Q: Diabetic type 2 no lunch period
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answered on Jul 7, 2011

There is no question. However, depending on the size of the employer, the company may be required to make a reasonable accomodation pursuant to the Americans With Disabilities Act and permit you to have a lunch.

1 Answer | Asked in Family Law for Indiana on
Q: Where do i find the federal requlations for a priviate child support agency to do a wage withholding
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answered on Jul 7, 2011

I beleive that you are looking for 5 C.F.R. PART 581—PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY

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