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Questions Answered by Burton A. Padove
1 Answer | Asked in Libel & Slander for Illinois on
Q: How many years it can take me to file a Petition for liber and slinder?
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answered on Jul 19, 2011

You must file a lawsuit within a year.

1 Answer | Asked in Collections for Illinois on
Q: I have Lien on codominium building, Chicago Title tall me That they insure, what is the next step to collect my money?
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answered on Jul 19, 2011

You need to foreclose on the lien.

1 Answer | Asked in Collections for Illinois on
Q: A debt charged off from bankruptcy 10 years ago, am now getting collection letters and court summons, is this legal ?
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answered on Jul 19, 2011

If properly discharged, it violates the automatic stay and yo should contact counsel.

1 Answer | Asked in Collections for Illinois on
Q: Where can search to see whether a lien has been placed against a business? (Illinois - Cook or DuPage Cnty) Thanks
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answered on Jul 19, 2011

Yo ucan check with the Secetary of State for UCC liens and your local recorder for real property liens

1 Answer | Asked in Collections for Illinois on
Q: How can i stop a wage garnishment of my paycheck
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answered on Jul 19, 2011

Either pay the debt in full, enter a payment plan with the creditor or file bankruptcy.

1 Answer | Asked in Collections for Illinois on
Q: Wording on the back of a check to ensure that the check will satisfy any and all debts and interest
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answered on Jul 19, 2011

Wording by itself is not enough. There has to be a bonafide dispute. The wording is accord and satisfaction.

1 Answer | Asked in Collections for Illinois on
Q: I've got a notice of motion by mail from creditors. Is it legal??? how shoul I responde?
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answered on Jul 19, 2011

If a case was filed, it is legal, unless you filed bankruptcy. You should either hire counsel or respond to the motion if it is seekiong some kind of relief from you.

1 Answer | Asked in Collections for Illinois on
Q: I need help. My niece took out a personal loan using it for college. My sister co-signed. It's in default, my sister has

Been served. She has contacted them trying to settle out of court but wont talk to her, need niece permission. She wont do anything. What options if any does she have?

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answered on Jul 19, 2011

If your sister was served with a lawsuit she can obtain information by filing discovery. She can also speak with the attorney for the bank. She can counterclaim against the niece also.

1 Answer | Asked in Collections for Illinois on
Q: I've been in a long drawn out divorce for 2 yrs. Had to drop the case when we were sch. for a trial, couldn't afford it.

Husband wants to go to mediator and refuses to pay bills that were court ordered prev.. Says he has no $$, but we have a sailboat that he was able to pay for docking fees, etc.. Has money for boating but not for credit card, utility, property taxes, etc. He was held in contempt many times during... View More

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answered on Jul 19, 2011

You will need to refile.

1 Answer | Asked in Collections for Illinois on
Q: Final Payment laws

If I send a check payment on the claim for the lesser amount that the claim, and clearly specify that the payment is final, does the debtor forfeit the rights to collect the remainder upon cashing the check?

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answered on Jul 19, 2011

Depending on all of the circumstances and if you followed proper prtocal and used the proper language under the Illinois version of the Commercial Code, the answer is yes.

1 Answer | Asked in Small Claims for Illinois on
Q: Who is supose to inform defendant about rule to show cause
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answered on Jul 19, 2011

Generally the opposing side should inform of their motion by giving proper notice. If you are referring to the order, the opposing side. However, all parties have a duty to follow the case.

1 Answer | Asked in Consumer Law for Illinois on
Q: I was given a letter from the IRS 1099C about a debt that does not belong to me and just contacted this company to learn

That they are no longer in business. Are trying to collect on old outdated debt from 2000. What should be done with this.

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answered on Jul 19, 2011

I am unclear on whether you are stating that the debt is old or that the debt is not yours. If yours, the debt is being forgiven and being reported as income to the IRS. If it was not yours, I recomend that you contact an accountant or tax return if the income is high enough to warrant the... View More

1 Answer | Asked in Consumer Law on
Q: I BROUGHT A MATTRESS AND BOX SPRING PAID $900.00 ON 11/01/2010, NOW IT HAS A DENT IN IT.

I INFORMED THE SALES PRESON OF BAD BACK WHEN LOOKING FOR BED THE BED IS A SEALY POSTURDEDIC, MY DOCTOR TOLD ME TO GET A GOOD BED. A MAN COME OUT HE SAID THE DENT WAS ONLY 3QUARTS OF A INCH, BUT HE MEASURED WITH A INKPEN AND A MEASURING TAPE.WHEN I LAY IN THE BED THE BED SINKS IN I'M ON A FIXED... View More

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answered on Jul 18, 2011

Please repost with a state so that the attorneys can properly respond and different states have different laws. Thank you

1 Answer | Asked in Collections for Indiana on
Q: I have a default judgment in illinois and need it served on a financial institute in kokomo, IN help
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answered on Jul 18, 2011

You will need to register your foreign judgment in the Howard County Indiana

1 Answer | Asked in Collections for Indiana on
Q: If a creditor does not accept a check for a partial payment and demands payment in full do i have any recourse?
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answered on Jul 18, 2011

No

1 Answer | Asked in Collections for Indiana on
Q: In indiana how long can a collections agency bill you?
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answered on Jul 18, 2011

There is no law setting a limit on billing. However, there is a law called the statute of limitations that limits how long they have to sue you.

1 Answer | Asked in Business Law for Indiana on
Q: In the state of Indiana how far does the employers smoke area have to be...in other words how far can I smoke a cigarett
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answered on Jul 18, 2011

There are no state laws in Indiana regarding this subject. However, there may be local ordiances that apply, so check in the town and county where you work.

1 Answer | Asked in Business Law and Business Formation for Illinois on
Q: In Illinois how many copies of acticles of Incorporation do I originally file?
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answered on Jul 18, 2011

File two duplicate originals.

1 Answer | Asked in Business Law for Illinois on
Q: Members wish to leave the LLC in Illinois. How can they voluntarily?
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answered on Jul 18, 2011

There should be a provision in the Articles of Agreement that addresses withdrawal by a member. A member can also sue to dissolve the LLC

1 Answer | Asked in Lemon Law for Illinois on
Q: We purchased a brand new madza cx-7 in 2006 we have had four Uncontrolled Acceleration where the brakes dont work..

Is there recourse for us.. we have had in to the service dept twice with no results..We dont want to be killed or kill someone in this car..

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answered on Jul 18, 2011

Unfortunately, the Lemon Law in Illinois only applies to new cars in their first twelve months so you have no recourse. You ight try going to this website and filign a complaint as doing so may force a recall. http://www-odi.nhtsa.dot.gov/recalls/ Good luck

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