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Illinois Civil Litigation Questions & Answers
1 Answer | Asked in Employment Law, Business Law and Civil Litigation for Illinois on
Q: I've been asked to sign a release form, was not explicitly said what I needed to sign or that it had to be notarized.

Know All Men By These Presents, That I/we the undersigned, for the sole and only consideration of One Thousand Seven Hundred and Nine 50/100 (1,709.50) paid to me/us in hand by ABC Corp, the receipt whereof is hereby acknowledged, hereby release and discharge, and by these presents do hereby... View More

T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

It seem like ABC corporation wants to pay you $1,709.50 for a release and discharge for some damaged they caused you. This release is a legally binding agreement used to protect ABC Corporation from having you bring further legal action against them for a number of reasons. They want to close... View More

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for Illinois on
Q: State Agency Rep committed slander and put Red Flag report on person after 40 second phone call.

SBDC office rep was to transfer me to their office manager to go over business plans for services. The Receptionist spoke to me for 40 seconds. After, transferred me. She then continued to file a State police complaint claiming I was a threat to society. Googled my name, saw images of me over... View More

Charles Candiano
Charles Candiano
answered on Nov 23, 2022

You cannot sue a State Agency in Civil Court. You must sue them in the Court of Claims and then only after filing a Tort Claims Notice (usually within 6 months). That is probably a very bad idea for many reasons, including limited recovery and a long wait time to be paid.

The suggestion...
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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Illinois on
Q: Falsely accused by a Meijer loss prevention employee of allegedly producing can of mace and displaying knife

On January 12, of 2021, a Meijer loss prevention employee (Miles) at the Michigan City Meijer store falsely accused me of producing a can of mace, loudly threatening her and displaying and pointing a knife in her direction. The Meijer surveillance footage shows that "the male subject"... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, it seems that you were wrongfully accused and charged with a serious crime (armed robbery with a deadly weapon) by a Meijer loss prevention employee, despite evidence from surveillance footage showing that you did not produce mace or display a knife as alleged. As... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Illinois on
Q: I’m am looking to see who can I find to look into his case as he was falsely accused has been there for 29yrs
James L. Arrasmith
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answered on Jan 5, 2024

For your friend who has been in prison for 29 years on what you believe to be false charges, seeking legal assistance is crucial. Start by looking for an attorney experienced in criminal defense, particularly one who has handled wrongful conviction cases. These attorneys are skilled in reviewing... View More

2 Answers | Asked in Civil Litigation, Gov & Administrative Law and Public Benefits for Illinois on
Q: Can I be denied access to a public building and it’s services for not having an appointment? They close at 5 it was 1:30

The people at the door of the dmv told me I would have to come back with an appointment. I asked if It was alright if I could do a walk-in they said no because they wanted to get everyone out on time

T. Augustus Claus
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answered on Aug 31, 2023

In Illinois, public buildings like the DMV often have their own procedures for managing visitor access and appointments, it's possible for public institutions to enforce policies that prioritize scheduled appointments to ensure efficient service.

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2 Answers | Asked in Civil Litigation, Collections, Consumer Law and Bankruptcy for Illinois on
Q: Can creditor with default money judgment, find out where I bank, before they file an affvadvit to discover my assets?

I have a creditor ( American express)represented by Law firm, in Illinois cook county whom has a default judgment against me for 8,000. I'm looking for work now. However I heard they do bank levies some times. I use U.S bank, and a creditKarma a no credit required, checking/debit account... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 2, 2023

Yes, there are resources where Creditors can discover bank accounts. And, if they discover your bank accounts, and if you testify to them at an examination, they are likely to levy on the accounts unless you have an agreement with them.

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1 Answer | Asked in Banking, Civil Litigation, Collections and Consumer Law for Illinois on
Q: Can creditors in illinois, whom have a judgment against me, find my bank accounts through my credit report?

I have a money judgment against from midland for $4000. The case is over, and the court gave them a DEFAULT JUDGMENT. This happend in cook county circuit court. This happened in June 2023. I'm not working now. Midland has not yet filed a citation to discover assets in court, yet.. I... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 31, 2023

Bank accounts do not generally show in credit reports, only credit cards.

2 Answers | Asked in Civil Litigation, Collections, Bankruptcy and Consumer Law for Illinois on
Q: Can my uber (1099 )wages be garnished by a creditor? I have default judgment for 9,000 in chicago IL, court.
Joel Gary Selik
Joel Gary Selik
answered on Jul 23, 2023

garnish, no. Levy yes. The difference is they can only get what you were due at the time of the Levy, not what you may be due in the future.

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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Litigation and Small Claims for Illinois on
Q: My ex and teenage daughter took my cat (she says it's hers). How do I start the process of getting my cat back?

It happened when I was out of town, so they sneaked over. Totally out of character for my daughter, but I'm not surprised my ex was involved and driving the getaway vehicle!

Jeffrey Li
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Jeffrey Li
answered on Jul 8, 2023

As pets are considered property in IL, you should start with filing a police report. Then to regain the property, you will have to file the matter in court against your ex and your daughter.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Legal Malpractice for Illinois on
Q: During a plenary order of protection hearing my attorney failed to present the evidence and witnesses

My attorney obtained subpoenas for the sheriff’s and got a statement that supported my innocence. There was also video to support. However on the day of the hearing she went into another room with opposing counsel and came out telling me there was a warrant for me violating the order of... View More

Clyde Guilamo
Clyde Guilamo
answered on Feb 21, 2023

Hello. I'm sorry to hear that all of that happened to you. Unfortunately, you did not actually include a question to answer. Try re-writing the question.

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Illinois on
Q: If I have proof that my home insurance has violated our contractual agreement who would I need to speak to, to sue them.
Tim Akpinar
Tim Akpinar
answered on Oct 16, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. You could speak with attorneys who handle property & casualty insurance matters. You could also reach out to general civil litigation law firms and ask if homeowners insurance falls under their area of... View More

1 Answer | Asked in Civil Litigation and Municipal Law for Illinois on
Q: In a municipal case in Illinois court outside of Chicago can I use case law from Wisconsin that is similar to help my ca

It is a civil / municipal case where the village did along with the police department a total seizure of our house our property they made our car disappear our two dogs our two cats. They had the police illegally remove 2,175 plus items of our personal belongings from the house and they will not... View More

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2022

The short answer is: Yes. If you cannot find a case on point in Illinois and the Wisconsin case is on point, most judges (and it is up to the judge) to allow you to reference another State. Frequently, in Judge rulings if they cannot find applicable Illinois case law, they will cite case law... View More

1 Answer | Asked in Civil Rights, Criminal Law, Civil Litigation and Federal Crimes for Illinois on
Q: I would like to file a civil lawsuit against someone for money that was borrowed, fraud, and emotional distress.

I am from Illinois but the individual has moved to New York. The amount is over $10,000. I am currently in litigation with this person for a different matter. If I file a civil suit, would I be able to serve him during our upcoming family court hearing (it's via Zoom)? We both have attorneys.... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

You are represented by a licensed counsel and it would be improper to suggest any course of action remotely without any case familiarity or case review by anyone.

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Domestic Violence for Illinois on
Q: How do I submit or produce videos at my court trial? What are the rules of evidence to get them in?

How do I submit or produce videos at my court trial?

I have a small claims trial coming up and I would like to know how or what are the rules of evidence to get videos I would like to show the judge in my case.

I have put them in for discovery so the other party does have a copy.... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

No attorney will guide you online how to practice law without an ability to supervise and monitor your actions as that would amount to malpractice.

Either seek guidance from requisite legal sources how to admit evidence in court or seek counsel.

Q: Can a coworker obtain a no contact stalking order and us continue to work at the same company, or do I have to quit?

A coworker filed a petition for a no contact stalking, alleging that I have harassed and intimidated them while at work, damaged their property. Coworker has never mention these allegations to our supervisor/HR dept., never made them aware that they were filing a petition. Coworker did not aware... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

It appears that you may have to retain counsel to protect your legal interests with respect to that no contact petition that will affect your employment directly.

1 Answer | Asked in Personal Injury and Civil Litigation for Illinois on
Q: What are considered disrespectful attorney acts in context of failing to answer a complaint timely?

Illinois appeals cases for default judgements based on untimely answers have generally cut slack to the untimely Defendant it appears. However it does add a caveat that the attorney cannot be disrespectful in doing so.

Is not the fact that the attorney failed in a case to file answer until... View More

Charles Candiano
Charles Candiano
answered on Jun 9, 2022

I'm not really certain as to what you are asking. If you are the client and a default judgment was entered against you, the only aspect of the attorney's conduct that would ever be examined is whether the attorney was able to vacate the default judgment. So long as that is accomplished,... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Illinois on
Q: who enforces (765 ILCS 160/) Common Interest Community Association Act when the declaration and covenants aren't honored

I'm the adjacent property to a townhome association and they do not honor their obligations stated in their declaration. Specifically the sections that refer to my property being the Dominant Tenement and various zoning and municipal code ordinances that has actually caused serious damage to... View More

Frederick A. Lurie
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Frederick A. Lurie
answered on Apr 26, 2022

You provide only general information so one can only provide a general answer. No neither you nor the police can force the Association to furnish you with its insurance policy unless you file suit for property damage, violation of an easement or whatever wrong has been committed. The declaration is... View More

1 Answer | Asked in Civil Litigation and Construction Law for Illinois on
Q: Is it possible to hire an attorney in the middle of a litigation if I am representing myself currently?

I am looking for an attorney to help me with a mandatory arbitration. I had a terrible experience with a law firm. We parted ways. I would like to find someone experienced in construction law as we are in the middle of our process. Any help would be appreciated. Thank you

Robert Shipley
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Robert Shipley
answered on Mar 8, 2022

My office handles construction disputes. I would be happy to discuss. I can be reached directly at 312-527-4545.

Thank you.

2 Answers | Asked in Personal Injury, Employment Law and Civil Litigation for Illinois on
Q: Illinois removal from federal court

I am a plaintiff in a case in which the defendant removed the case from state to federal court. It has now been remanded back to state court. Defendants filed a motion to dismiss in fed court which wasnt resolved. Defendants are now seeking to dismiss case in state court based upon the motion to... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Feb 26, 2022

I believe that once the federal court is divested of jurisdiction and thus any authority over the pending case, that the motion to dismiss filed in federal court would have to be filed in the state proceeding to heard. That seems to be the case where although the motion to dismiss was filed in the... View More

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Illinois on
Q: My landlord is saying because of 735 ILCS 5, I had to give 30 days notice before my 12 month lease ended

My 12 month lease ends the 28th of February. It is very clearly stated and there is no clause in my lease stating I need to give notice 30 days prior. I gave 29 days notice and now my landlord is fighting me and saying I have to stay and pay March rent

Ana M. McNamara
Ana M. McNamara
answered on Feb 11, 2022

The statute you quoted is incomplete. It should read 735 ILCS 5/ ___ and a number after the slash in order to point to a relevant section of the statute that your landlord is reading. At any rate, you are not required to give thirty days notice unless it specifically states so in your lease.... View More

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