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Questions Answered by David Siegel
3 Answers | Asked in Family Law for Illinois on
Q: My husband left me his car before he went to asia active duty...he is mad at me and wants his family to come and take

Can they take car from me with hi permision if he isnt present

David Siegel
David Siegel answered on Jan 2, 2014

The car is marital property. His family cannot legally take the car away from you. He would have to petition the court.

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1 Answer | Asked in Contracts for Illinois on
Q: Dispute with a contract

I hired a small company did a $5000 granite countertops job more than 6 months ago. One piece came out in wrong size. While the company keeps on saying they will replace the piece, but nothing has happened and I doubt anything will ever happen after hearing countless excuses. What options do I have?

David Siegel
David Siegel answered on Dec 31, 2013

You should give them the opportunity to make it good. If they cannot, then you can bring a suit for breach of contract.

1 Answer | Asked in Contracts for Illinois on
Q: Short of trying to sell on EBay or Craigslist, is there any way to get out of a timeshare ownership?
David Siegel
David Siegel answered on Dec 31, 2013

You could deed in back to them if they are willing to accept a deed in lieu. Usually, timeshare companies are willing to do so.

2 Answers | Asked in Divorce for Illinois on
Q: What is Strike from call in a Illinois divorce
David Siegel
David Siegel answered on Dec 31, 2013

Strike from the call means that the matter is not being heard and that it is literally taken off of the docket for the day. It does not mean that the case is over or dismissed.

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2 Answers | Asked in Divorce for Illinois on
Q: I live in Illinois and have filed for no fault divorce to spouse who is imprisoned in Florida; will this go quickly now?

He is sentenced to several years, I'm asking for nothing except sole custody. No assets, etc. Could this still be held up or am I free and clear? If not, what could he do to stall divorce? and how long?

David Siegel
David Siegel answered on Dec 31, 2013

If your spouse is going to sign the documents, then you case can conclude within a matter of weeks. If he is not going to agree to the divorce and he hires an attorney, the case can last years. It all depends upon his willingness to either cooperate or simply default.

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2 Answers | Asked in Divorce for Illinois on
Q: I am getting divorced & am told martial misbehaior isnt grounds for divorce in il. Do I have any legal recourse.
David Siegel
David Siegel answered on Dec 31, 2013

It depends upon the type of marital misconduct. If your spouse has committed adultery, then you do have grounds to file for divorce.

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2 Answers | Asked in Divorce for Illinois on
Q: Hi i want a divorce from my Ex we have nothing togther what is a easy way to get a divorce for him? Thank you
David Siegel
David Siegel answered on Dec 31, 2013

You can file an uncontested case. If both parties are willing to sign the documents, then you can have your case concluded within 3-4 weeks in Illinois.

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1 Answer | Asked in Collections for Illinois on
Q: Can someone legally garnish paycheck without notice? Looked at paycheck & there it was...
David Siegel
David Siegel answered on Dec 30, 2013

No, a person or entity cannot garnish your paycheck without a judgment and proper notice of garnishment. Unless, the garnishment is a voluntary wage assignment that was signed in the contract for the loan or credit card.

1 Answer | Asked in Collections for Illinois on
Q: IF MY HUSBAND HAS A JUDGMENT PLACED AGAINST HIM, AND WE HAVE SEPARATE BANK ACCOUNTS CAN I BE INVOLVED IN ANY COLLECTION?
David Siegel
David Siegel answered on Dec 30, 2013

In short no, as long as your bank account is completely separated from your husband's. The Judgment is against your Husband only.

1 Answer | Asked in Collections for Illinois on
Q: I am being taken to court for a credit card debit because of financial hardships I am unable to pay
David Siegel
David Siegel answered on Dec 30, 2013

If you cannot pay the credit card debt, then you can try to work out a payment plan directly with the creditor. If the creditor is not receptive to your situation, then filing a Bankruptcy will release your personal liability to the creditor.

1 Answer | Asked in Collections for Illinois on
Q: Can the debt holder citation anyone he pleases or does there need to be a good reason to cite a third party
David Siegel
David Siegel answered on Dec 30, 2013

A third party citation can be for anyone the judgment creditor believes is holding assets for the debtor. However, a third party citation is usually summoned to a Bank that the judgment creditor believes the debtor has funds in, or an Employer for wage garnishment. As a result, a debtor's bank... Read more »

1 Answer | Asked in Bankruptcy for Illinois on
Q: Are personal injury awards exempt under Illinois Bankruptcy Rules?
David Siegel
David Siegel answered on Dec 27, 2013

Yes, the Illinois exemption for personal injuries is $7,500.00. Any amount over that can be taken by the Trustee to pay toward your outstanding debt.

1 Answer | Asked in Bankruptcy for Illinois on
Q: If you file bankruptcy can they still take away your tax returns

Back in 2004 i owed over payment in unemployment and jest last year they with held my tax,es to collect

David Siegel
David Siegel answered on Dec 27, 2013

Your tax return can be taken by the Chapter 7 Trustee if it exceeds the property exemption amount for your state. In Illinois, you can protect up to $4,000.00 worth of miscellaneous personal property. Your tax refund would fall under that exemption.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Can I file bankrupt if there is A slander judgment against me?
David Siegel
David Siegel answered on Dec 27, 2013

Yes, you can file for bankruptcy even if there is a slander case filed against you. However, that creditor may file an adversary complaint in an attempt to hold that specific debt non-dischargeable.

1 Answer | Asked in Bankruptcy for Illinois on
Q: A couple have each been paying one-half of the house payment - then, they divorce. If one person files Bankruptcy for their half, does the othet person have to file as well?
David Siegel
David Siegel answered on Dec 27, 2013

No, you are not forced to file for bankruptcy simply because a co-debtor files. You can continue to pay those debts that were discharged by the co-debtor.

1 Answer | Asked in Bankruptcy for Illinois on
Q: If account is charged off can a collection agency pursue the debt?
David Siegel
David Siegel answered on Dec 27, 2013

Yes, charge off does not mean that the debt is eliminated. Provided the statute of limitations has not yet passed, the creditor can collect or sell to another to collect.

1 Answer | Asked in Bankruptcy for Illinois on
Q: I filed chap 7 in 2009, a ex girlfriend is now suing me for things before the chap 7 filing, can I get lawsuit dismiss
David Siegel
David Siegel answered on Dec 27, 2013

You should be able to get the case dismissed. Send her a copy of the filing and a copy of your discharge. If proceeds, then she is violating the spirit and specific sections of the Bankruptcy Code.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Does the bankruptcy automatic stay apply to governt agencys attempting to collect delinquent taxes
David Siegel
David Siegel answered on Dec 27, 2013

The automatic stay should apply until such time that the stay is modified or until discharge. This is true of the debt is actual taxes that are owed.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Bankruptcy was filed in 1990 and a creditor is asking for a copy of discharge how do i get this
David Siegel
David Siegel answered on Dec 27, 2013

You can obtain a copy for the Clerk of the US Bankruptcy court. You can also contact your attorney who should be able to provide you with a copy.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Will chapter 7 affect my life insurance policy?
David Siegel
David Siegel answered on Dec 26, 2013

Bankruptcy will not affect your life insurance policy provided you continue to make your payments. However, if you have a cash surrender value and your beneficiary is not a spouse or dependent child, you may lose that non-exempt amount to the Trustee in exchange for your fresh start.

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