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Illinois Questions & Answers
1 Answer | Asked in Criminal Law for Illinois on
Q: Can my son, be released with a charge of residential burglary. He is in city jail now. Bond $50,000.

What are our options?

James G. Dimeas
James G. Dimeas answered on Jul 23, 2021

Unless there's an outstanding warrant out there, he should be released from jail upon posting of the Bond. If he violates any of the terms of his release, his Bond may be revoked and he goes back to jail.

1 Answer | Asked in Copyright and Products Liability for Illinois on
Q: can i use the brand name "eternal sunshine" or "eternal svnshine" for my jewlery business?

i want to know if the name is already trademarked

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 22, 2021

Depends

You need to consult with an attorney to find out if it is registered or taken

1 Answer | Asked in Elder Law, Bankruptcy, Foreclosure and Real Estate Law for Illinois on
Q: My home has been foreclosed. I just recently found out now. I vacated and gave keys to my attorney in early 2020

It's been auctioned, judge reversed the purchaser of the auction in Dec. 2020. I am now being sued for everything. I was not advised of the court date by my counsel and no one showed to represent me. My calls have not been returned. And to top that off my identity has been stolen and used. I... Read more »

Timothy Denison
Timothy Denison answered on Jul 22, 2021

What is your question?

1 Answer | Asked in Employment Law for Illinois on
Q: Can an employer in illinois refuse to compensate you for hours you spent in training?

She said because it was training that the state makes them do so that we can care for elderly that she doesnt have to pay us

Rhiannon Herbert
Rhiannon Herbert answered on Jul 20, 2021

Your employer does not need to pay you for time spent in training programs, but ONLY if they can meet all of the following criteria: (1) the training is outside normal work hours; (2) the training is voluntary (i.e. not required to perform or keep your job); (3) the training is not job-related; and... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Is my work place required to present a proper rest area/ break room for employees? (Illinois)

I work for FedEx as a housekeeper through a company called GDI. There are currently no designated areas for employees to have breaks on the premises. There are two conference rooms we are allowed to take breaks if they are not in use in but there is no guarantee we will be able to take a break away... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 20, 2021

There is no legal requirement that an employer give you a designated break room or rest area.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Illinois on
Q: Last July I missed a DUI-cannabis court date. Now my case status says bench warrant. How do I tackle this?
Dan Nold
Dan Nold answered on Jul 20, 2021

You need to hire an attorney and get a motion to quash on file. Depending on how long ago the warrant was issued, you may currently have a revoked drivers license. Your attorney can help clear that up through this process as well. Then you need to defend or resolve the DUI.

2 Answers | Asked in DUI / DWI, Traffic Tickets and Cannabis & Marijuana Law for Illinois on
Q: I got pulled over for DUI cannabis along with 5 traffic tickets. 4 Months later, I missed courts. I have now 6 warrants.

11 months later, I got into a car accident. Officer gave m a revoked license ticket and a traffic ticket. I know I shouldn’t been driving. How do I go about with the old and new traffic violations. I wasn’t arrested by the officer just An I bond.

John S. Fotopoulos
John S. Fotopoulos answered on Jul 19, 2021

These are serious charges. You should retain the assistance of an attorney as soon as possible.

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1 Answer | Asked in Family Law for Illinois on
Q: What to do if attorney is ignoring case?

I recently hired an attorney for help with a missed court appearance for my name change case. I sent the attorney his check in March and he accepted and signed for it too. Since then, I have barely heard from him, and he has never talked to me without me calling. He needs to file a motion, which he... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 11, 2021

You simply send him an email or a letter stating that you are terminating his services effectively immediately, and that you demand a 100% refund. You might state the reason for the termination, but it is not necessary. You have the absolute right to fire him no matter what the reason. You can also... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: started working for an employer May 3rd and quit May 18 I never received a single penny and keep getting the runaround

What can I do about this it’s now over a month and well over $1200 the company owner keeps saying he’ll pay me but never does and takes a while to reply

Rhiannon Herbert
Rhiannon Herbert answered on Jul 7, 2021

If your employer continues to refuse to pay you, then your best bet is to file an action in small claims court in the city you performed the work in to recover the pay you're owed.

2 Answers | Asked in Copyright, Gaming and Intellectual Property for Illinois on
Q: If I want to resell a video game streamers highlights, do I need to obtain licensing from the video game publisher?

If its a case by case basis, what companies require a licensing agreement?

Omar Darwich
Omar Darwich answered on Jul 1, 2021

So you're talking about potential infringement and there are some specific details that need to be discussed.

Your best course of action is to consult with an attorney before making any decisions.

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2 Answers | Asked in Contracts, Civil Litigation and Collections for Illinois on
Q: If I won monetary judgement and know that the other party will not pay, what is the next step?

I won my case for selling a car with a vehicle sales agreement. The other party did not show. I see lots of things on the docket that I am not sure about. Due Date , satisfied, 851- Judgement, what do these headings mean?

Bryan R. Bagdady
Bryan R. Bagdady answered on Jun 30, 2021

You should reference 735 ILCS 5/2-1401 for post judgment proceedings. Make sure that your order is final and appealable, meaning that it resolves all claims brought against all parties in the action. Assuming that to be the case, you will likely want to file a citation to discover assets, a... Read more »

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: Got pulled over for expired registration and failed to pay the ticket on time.

I updated my registration but got a court date notice. Do I need a lawyer? What can I expect?

Dan Nold
Dan Nold answered on Jun 29, 2021

No, if you’re in lake or cook county, you may be able to show up, show proof of updating it, and get it dismissed.

The cheapest way would be to pay the $164 fine. It’s a non moving offense that is not reported to the Secretary of State and does not go on your record.

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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Hello my name is Amber . My gma recently passed and her nephew is executer . he hasnt said much of anything of will .

he is beneficiary of her bank accounts apparently i found out there is allot of money and he isnt speaking of any of it should i get attorney i am named in the will as a beneficiary too

Charles E. Hutchinson
Charles E. Hutchinson answered on Jun 28, 2021

Sorry for your loss, Amber. If you are sure that there is a will, and if you are sure that your cousin is the executor, you should ask the executor. These things do take time to work themselves out, so depending on "recently", it may still have a lot of time before it is all said and... Read more »

3 Answers | Asked in Bankruptcy for Illinois on
Q: Can I file chapter 7 if I own my home and car (no mortgage or car payment)
Lloyd M. Nolan
Lloyd M. Nolan answered on Jun 25, 2021

If you own your home and your car with no loans or liens against them, you are likely to lose them in a Chapter 7, unless they are of very low value and lower than the Illinois exemptions. Your bankruptcy trustee would be entitled to sell your "non-exempt" property and distribute the... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Health Care Law for Illinois on
Q: I received a surprise invoice from a pathologist after a procedure at the dentist. Is there any way I can dispute?

I had a procedure done at the dentist. I asked several times what the full amount of costs would be ($900 all in!). They wanted my health insurance ID. I asked why, they said it's for the pathologist but it will be covered by insurance: no problems there. I confirmed this twice since I have an... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 23, 2021

An Illinois attorney would need to advise, since insurance practices are governed by state law. But your post remains open for three weeks. One option, before seeking meaningful input from a local attorney in the Chicago area could be to explore what the carrier could do. With surprise invoices,... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: What are my options for roof damage that occurred after inspection but before closing?

I had my house inspected in October and everything was fine. The old owners did not want to move out until January and there was damage sustained to the roof in November. My insurance will not cover it because I didn’t have a policy on this house and said to have the previous owners file a claim,... Read more »

Erik K Jacobs
Erik K Jacobs answered on Jun 23, 2021

A number of states (including Illinois) have adopted the Uniform Vendor and Purchaser Risk Act (765 ILCS 65/1). This Act provides that in all real estate contracts there is an implied term that if the purchaser has NOT yet received title OR possession of the property, the seller bears the risk... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: Is traveling risky after divorced and I-751 being processed? I’d just have expired Green Card and I 797-C.

Can I travel outside the US during i-751 pending with I-797 C Notice of action (Divorced). I’m concerned because at the port of entry my separation would be an issue or interrogation.

Kyndra L Mulder
Kyndra L Mulder answered on Jun 23, 2021

In general, you will not be admitted back into the USA with an expired green card unless you have been granted an extension.

1 Answer | Asked in Domestic Violence for Illinois on
Q: I was released on a $500 bond, didn't show up and now my case is under warrant calendar. Will they hold me with no bond

I didn't show up for the calendar date and it's a 6 year old warrant

John S. Fotopoulos
John S. Fotopoulos answered on Jun 21, 2021

Every case is different. It is essential that you retain an attorney.

1 Answer | Asked in Estate Planning for Illinois on
Q: Do I have to be informed that I'm named to a will? How can I find out if I'm also named in the trust?

I'm from Illinois. I was named in my fathers will. There is also a trust attached to the will. I am estranged from my family so simply asking the executor is out of the question. I was never notified of the will being filed in probate (I found out doing a probate search online). My question is... Read more »

Charles E. Hutchinson
Charles E. Hutchinson answered on Jun 16, 2021

Being named in a will does not necessarily mean that you will inherit from the will. I doubt that the attorney who drafted the will is going to answer your questions. If the decedent's estate plan included a trust, it is very unlikely that the probate attorney will be of much help unless... Read more »

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Had court supervision for 18 months a year ago would I be able to qualify after 7 months after it ended to get supervis

I got a speeding ticket after 7 months being off court supervision would I still qualify for it again?

Dan Nold
Dan Nold answered on Jun 14, 2021

Yes. You can be placed on supervision two times in any 12-month period. So I’m the last 12 months, you have not been placed on court supervision.

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