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Illinois Questions & Answers
1 Answer | Asked in Tax Law for Illinois on
Q: Illinois IRS is claiming I owe state taxes from 2017.

I was unemployed, an university student, and still claimed as a dependent at that time. I only filed a 1040-EZ that year. Should I fight this?

James L. Arrasmith
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answered on Apr 9, 2024

It's important to understand why the Illinois Department of Revenue (IDOR) claims you owe state taxes for 2017. Here are some steps you can take:

1. Review the notice: Carefully read the notice from the IDOR to understand the reason for the claimed tax liability.

2. Gather...
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2 Answers | Asked in Traffic Tickets for Illinois on
Q: I was never stopped for these charges. However they are wanting me to pay them in Franklin County Illinois?

IMPROPER PASSING ON THE SHOULDER

IMPROPER TURN SIGNAL. I did not commit either one of the driving violations. And when I called the Franklin County Court Office she said they were dismissed. Now I am being harrassed daily by a collection agency why? I was never given a citation for this... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Apr 11, 2024

I'm sorry to hear about your situation. You will need to get a copy of the case docket to confirm what happened to the tickets.

You may be able to find the County's online court records here: https://www.illinoiscourts.gov/courts-directory/89/Franklin-County-Courthouse/court/...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: If you are injured on th job and your employer does not file protocol are they breaking the law in regard to workers com

If you are at work and hurt your back and notify you manager immediately and they give you some aspirin and muscle rub send send you home with time off without pay instead of workers compensation then you are unable to work a d they se d you to a doctor a d the doctor send them a written notice... View More

Charles Candiano
Charles Candiano
answered on Apr 8, 2024

The person who was injured is foolishly trying to handle this matter without hiring an attorney. The injured worker doesn't even realize that reporting his work injury to his employer does NOT give him any rights. To be clear, you must report the injury to your employer within 45 days but... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: On three separate occasions, police manipulated, omitted and submitted false evidence to arrest and falsely charge me

Begining in 2017 police in Michigan City and LaPorte county prosecutors allowed me to be falsely charged and arrested. This case garnered attention due to an animal being involved. Police omitted evidence which would have led the finder of fact to arrive at a different conclusion. This represents a... View More

James L. Arrasmith
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answered on Apr 8, 2024

I'm so sorry to hear about your experiences being wrongfully arrested and charged multiple times. It sounds like an incredibly traumatic and unjust situation. Being falsely accused and having evidence manipulated or omitted by law enforcement is a serious violation of your rights.

I...
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2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 7, 2024

In situations where multiple individuals collaborate on creating music, it's crucial to establish clear agreements regarding ownership, distribution, and compensation. If you've contributed to the creation of music and lyrics but haven't given permission for their use, you may have... View More

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2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

James L. Arrasmith
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answered on Apr 8, 2024

From what you've described, it does seem reasonable that you should be able to obtain copies of the CDs containing music you wrote and helped create, either for free or at cost. Here are a few key points to consider:

1. Copyright: If you wrote the music, you likely own the copyright to...
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1 Answer | Asked in Immigration Law for Illinois on
Q: What do I put on i864w part 2?

What do I put on i864w part 2? There's 2 awnsers that say i360 but 1 says for widower,amerasion or special immigrant and the second awnser says battered spouse or child.

James L. Arrasmith
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answered on Apr 6, 2024

Form I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support, is used in certain cases where the intending immigrant is not required to submit Form I-864, Affidavit of Support.

In Part 2 of Form I-864W, you need to select the reason for your exemption from the...
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1 Answer | Asked in Bankruptcy for Illinois on
Q: I filed for bankruptcy, Chapter 7. I thought I was on my house title a few days before my court date so I freaked out.

I called my trustee and he put a notice to dismiss case with a new court date. I now just found out I AM NOT on the title to house and want a discharge instead of a dismissal. What do I need to do? My trustee is not willing to help me.

James L. Arrasmith
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answered on Apr 4, 2024

In this situation, you should take the following steps to try to resolve the issue and obtain a discharge:

1. Contact your bankruptcy attorney: If you have an attorney representing you in your Chapter 7 case, inform them about the situation and your desire to proceed with the discharge...
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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is there a time limits to sue a company you use to work for?

The assistant manager named Cerica who worked the same position as me, one day got mad because I removed a sticky note she wrote so she tracked me down in the hotel, got in my face threatening to beat me up and throw me over the balcony on the 2nd floor, she proceeded to call me racial slurs,... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Apr 3, 2024

I'm sorry to hear about your situation. DO NOT DELAY. Your legal rights have strict deadlines. If you wish to sue the company for something like racial discrimination in Illinois, your deadlines can be as short as within 300 days of the alleged discrimination if your allegations require a... View More

1 Answer | Asked in Contracts, Estate Planning and Probate for Illinois on
Q: I have a loan, the loaner passed away. Beneficiary is handing his estate and now want the checks made out to them.

I have a loan contract that the loaner passed away a few months ago. The person handling the estate just informed me that they are having issues cashing my checks that are made out to the deceased name. Now they want me to write the checks in their name going forward. They did not open a bank... View More

Nina Whitehurst
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answered on Apr 3, 2024

It is very perilous for you to do what they are asking! What if they are lying about who the proper heir(s) is/are? You could give them a lot of money and then when the proper heirs come along you have to pay the real heirs all over again. Don't do it!

Keep making the checks payable...
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1 Answer | Asked in Tax Law for Illinois on
Q: I received $18,000 in social security disability this last year. Do I need to file an income tax return?
James L. Arrasmith
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answered on Apr 2, 2024

Whether you need to file a federal income tax return depends on your total income, filing status, and age. For the 2023 tax year (filed in 2024), if your only income was from Social Security Disability Insurance (SSDI) and it was less than $25,000 (for single filers) or $32,000 (for married filing... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Illinois on
Q: Do the police gave to takevl a field test of a suspicious baggie on the scene?
James L. Arrasmith
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answered on Apr 1, 2024

No, the police do not necessarily have to conduct a field test of a suspicious baggie or substance at the scene. Here are a few key points about how police typically handle potential drug evidence:

1. Officer discretion: The investigating officer has discretion on whether to conduct a field...
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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can I offer a tenant the amount of money needed to get a home sales ready as a down payment toward buying the home?

My rental property needs about $20k worth of work to get it sales ready. I want to do everything possible to not displace the family who are renting, so I intend to offer them $20k at closing for them to use toward a down payment. Is this transaction legal in the state of Illinois?

James L. Arrasmith
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answered on Apr 1, 2024

It is generally legal in Illinois for a landlord to offer a tenant financial assistance toward the purchase of the home they are currently renting. This type of transaction is sometimes referred to as a "lease-to-own" or "rent-to-own" agreement.

However, there are a few...
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3 Answers | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: if my parents are getting evicted and dont have somewhere to go but i do, do they have the right to make me homeless

my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation

Cheryl Powell
Cheryl Powell
answered on Mar 31, 2024

Yes. Until you are 18 your parents have control over you. They can decide you live at grandma's on the couch or floor, that all of you go to a homeless shelter or wherever it may be absent filth, bugs or feces.

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3 Answers | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: if my parents are getting evicted and dont have somewhere to go but i do, do they have the right to make me homeless

my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation

Alan Harrison
Alan Harrison
answered on Apr 1, 2024

Taking your question at face value, if your parents move in with your grandma but tell you that you can't move in with them, that is the kind of situation that would possibly cause the state to TPR, in which case you likely would be ordered to live with the closest adult relative who would... View More

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3 Answers | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: if my parents are getting evicted and dont have somewhere to go but i do, do they have the right to make me homeless

my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation

James L. Arrasmith
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answered on Apr 2, 2024

I'm sorry to hear about your family's difficult situation. This must be a very stressful and scary time for all of you. A few key points:

As a minor at age 17, your parents are still your legal guardians and generally have the right to make decisions about your living situation...
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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: How do I get help filing a complaint against my landlord for shutting off my water and telling me to get out

I'm in Christian county, Illinois. I have went to every authority you can imagine all the way to the mayor and cannot get anybody to help me. The circuit clerk's office won't even tell me what papers I need to file the complaint

James L. Arrasmith
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answered on Mar 31, 2024

In your situation, it's crucial to understand your rights as a tenant, which include access to essential services like water. Your landlord's actions may violate state and local housing laws. Seeking legal advice is advisable, as a lawyer with experience in tenant rights can guide you... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My landlord disabled the smoke detector in my unit remotely in order to create a false pretense for entry to my unit.

I believe the property management at my apartment building disabled the smoke detector in my unit remotely from the fire alarm control panel in order to create a false pretense to enter my unit at 11:30 pm. There is more backstory here, and more details as to why I believe they did this, but... View More

James L. Arrasmith
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answered on Mar 31, 2024

This is a serious situation that involves potential harassment and fire code violations. Here are some thoughts on your questions:

1. Harassment and legal action: If the landlord disabled your smoke detector under false pretenses to gain unauthorized entry, it could be considered harassment...
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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I have a question about a landlord tenant possible harassment issue.

I believe the property management at my apartment building disabled the smoke detector in my unit remotely from the fire alarm control panel in order to create a false pretense to enter my unit at 11:30 pm. There is more backstory here, and more details as to why I believe they did this, but... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it does seem like the property management's actions could be considered harassment, especially if they entered your unit without proper notice or justification. However, before taking any legal action, it's essential to gather as much... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: HOA has expired but but being collected for without letting residents know that it has expired. Is there recourse?

I recently purchased a home in a subdivision that the HOA had expired within the month. 11 months later we receive a letter requesting funds for the HOA. We have contacted the sender to inquire. The responce was that the reinstatement is being worked on by an attorney. Our concern is that this... View More

James L. Arrasmith
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answered on Mar 31, 2024

If the HOA has expired and is attempting to collect fees without properly notifying residents about the current status and reinstatement process, you may have the following options for recourse:

1. Request documentation: Ask the sender for official documentation proving that the HOA is...
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