Questions Answered by James G. Ahlberg

Q: Must a commercial real estate lease in Idaho be witnessed or notarized? Is a memorandum required to be recorded?

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Feb 18, 2019
James G. Ahlberg's answer
Each state may have different requirements. This is a question to ask a lawyer licensed to practice law in Idaho, not a group of lawyers licensed to practice law in Illinois.

Q: If a contractor demands payment for a job not complete and threatens to put a lien on my property can he do that ?

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Feb 11, 2019
James G. Ahlberg's answer
There are a lot of details necessary before your question can be answered. Your best bet is to gather every scrap of paper you have dealing with the situation and make an appointment with a lawyer. Don't forget to bring all the papers and forms the contractor gave you before he started working on the job, particularly if this involves the remodeling or repair of a residence.

Q: My husband and I want to move to Texas to better our situation but, sons father owes 3,000 childsupport, can I take him?

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Answered on Feb 8, 2019
James G. Ahlberg's answer
You need permission from the court to move your child out-of-state. There are a number of legal hoops to jump through and numerous things the judge needs to consider. Contact an attorney to get this done -- it is not something most people will succeed in doing on their own.

Q: My husband (Has O.P.) had filed divorce (12/18) and I wont have funds for a response until 2/27/19

1 Answer | Asked in Divorce for Illinois on
Answered on Feb 6, 2019
James G. Ahlberg's answer
If your husband or his attorney knows where you live, it should not be possible to get a default judgment against you until 30 days after you have been served with a copy of the Summons and the Petition for Dissolution of Marriage. If a default judgment is taken against you, you should have 30 days after that during which to have an attorney ask that the default judgment be vacated. This undoes the default judgment altogether.

Q: landlord handed me a notarized 7day eviction letter.

1 Answer | Asked in Landlord - Tenant for Illinois on
Answered on Feb 5, 2019
James G. Ahlberg's answer
You're asking the wrong question. The real question is, why would you want to stay? Find some place to go and move out, even if you have to couch surf for a while.

Q: I have a 15 year old child support case with my ex. She's not made a payment in over 3 years. Can I ask for jail time?

1 Answer | Asked in Family Law and Child Support for Illinois on
Answered on Jan 31, 2019
James G. Ahlberg's answer
Your attorney should file a Petition for Adjudication of Civil Contempt. This should result in an order to your ex to prove why she shouldn't be held in contempt of court for not paying support when it was due. A possible consequence of her being found in contempt is that she will receive a jail sentence, typically lasting until she pays a particular portion (or all) of the amount due.

Q: When does the 33 percent fee change to 40 percent in a contingency agreement?

3 Answers | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for Illinois on
Answered on Jan 26, 2019
James G. Ahlberg's answer
My two cents: Trial beings once the first witness is sworn and answers the first question. Reasonable minds may differ, I suppose.

Q: How to Revoking POA and guardianship for my elderly parent, with complications due to doctors letter?

1 Answer | Asked in Family Law for Illinois on
Answered on Jan 23, 2019
James G. Ahlberg's answer
Make an appointment with an attorney in your area. Bring every scrap of paper (really, EVERY scrap of paper) you have dealing with this situation to the first appointment so he or she can get a full picture of the situation. If you have proof your sister is making bad financial decisions, bring it too.

Q: I’m involved in a tenant/landlord dispute for rent and other fees

1 Answer | Asked in Landlord - Tenant for Illinois on
Answered on Jan 21, 2019
James G. Ahlberg's answer
I'm afraid I have bad news. If you signed the lease you may be liable for the rent even if you did not live there. The amount of the rent that's due needs to be addressed in the context of your divorce so your soon to be ex-husband either pays the landlord directly and reimburses you for anything you had to pay -- this assumes your husband continued to live in the residence.

Q: How to get out of supervised visits when the GAL is biased and can be proven we keep getting moved around to different

2 Answers | Asked in Family Law for Illinois on
Answered on Jan 21, 2019
James G. Ahlberg's answer
The bottom line is this: present all the information and documentation backing up your claims to your lawyer. If you don't have a lawyer, you need one ASAP.

Q: I live in Illinois. I never married my child’s father. We recently split up. There is no court ordered visitation yet.

1 Answer | Asked in Child Custody for Illinois on
Answered on Jan 18, 2019
James G. Ahlberg's answer
Assuming you both live in Illinois, your rights and his rights are exactly the same until a court determines what to do. Let your lawyer know what is going on ASAP.

Q: Good morning. My job was closed December 31st 2018 at Rush University Medical Center where I was employed for 10 years.

1 Answer | Asked in Contracts and Employment Law for Illinois on
Answered on Jan 18, 2019
James G. Ahlberg's answer
It's hard to give you a solid answer without reviewing the documents you have. I encourage you to have your documents reviewed by a lawyer practicing in the field of employment law (not labor law, which deals with union-management issues, unless you were a union member) to assist you. Employment law covers pretty much everything employee related other than union-management situations.

Q: My EX is harassing my daughters horse stable demanding that they give him my financial records. How do I get him to stop

1 Answer | Asked in Divorce for Illinois on
Answered on Jan 18, 2019
James G. Ahlberg's answer
It's none of his business as long as you're not asking him to contribute to the cost. Talk to your lawyer about this in the context of it being an attempt to invade your privacy. It may be his business that your daughter rides horses; it is none of his business how much you pay for it, how you pay for it, etc., as long as he's not being asked to contribute. Just a thought: consider telling him that if he keeps it up you'll ask him to pay for half.

Q: My step children were taken away from their mother by DCFS. The mother has not stopped the child support what do we do?

2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Answered on Jan 18, 2019
James G. Ahlberg's answer
In addition to what Mr. Choudry said, it sounds like she is engaging in welfare fraud. You may consider reporting her.

Q: I worked for a nursing home some time ago and have been trying to get earned time paid. Nobody will call me back.

1 Answer | Asked in Employment Law for Illinois on
Answered on Jan 14, 2019
James G. Ahlberg's answer
Go to the Illinois Department of Labor website and download their complaint form for unpaid wages. Complete the form and return it to them. Your tax dollars (and mine) have already paid for their services, so it costs you nothing beyond that. If they don't succeed in getting your wages you'll have to hire a lawyer. Do this ASAP, since you indicate these wages are from "some time ago." There is a limit on how many years back you can pursue a back wages claim. Fill out the form today and file it...

Q: What happens when you get a 5 day notice?

1 Answer | Asked in Landlord - Tenant for Illinois on
Answered on Jan 10, 2019
James G. Ahlberg's answer
If rent is not paid in full by the deadline of a properly served landlord's 5-day notice, the landlord must file a Complaint in Forcible Entry and Detainer (commonly referred to as an eviction) in the local circuit court, have a Summons and a copy of the Complaint served on the tenant(s), and proceed to hearing in court thereafter. The Summons notifies the tenant of when and where the first court hearing will take place; the Complaint tells the tenant what the landlord claims to be true.

Q: Enforcing a Judges 1 year no contact No stalking order

1 Answer | Asked in Family Law for Illinois on
Answered on Jan 8, 2019
James G. Ahlberg's answer
If the police and the state's attorney aren't helping, you're going to have to hire a lawyer to help you.

Q: Can my husband signadocumentwith an X if he cannot sign his full name

1 Answer | Asked in Family Law and Elder Law for Illinois on
Answered on Jan 2, 2019
James G. Ahlberg's answer
Your question doesn't make sense, at least to me. If he has Alzheimer's (a disease of affecting mental abilities) the odds are very high that he is not mentally competent to sign anything, either with an X or otherwise. His treating doctor needs to make a determination that your husband is of sound mind -- which typically means he doesn't have Alzheimer's. If he is of sound mind in the doctor's opinion, but is physically unable to sign his name as the result of a different medical condition...

Q: Can my landlord still evict me if my 5 day notice was taped to my door with an incorrect amount balance shown past due?

1 Answer | Asked in Landlord - Tenant for Illinois on
Answered on Dec 31, 2018
James G. Ahlberg's answer
Any advice I give you about the legality of this action is meaningless unless you have a lawyer to represent you in court. Hire an attorney immediately! Check to see if your college has a legal aid office that can help. Bring copies of your rent receipts (or payroll records if it was deducted from your pay) to show what you've paid to the first appointment with your lawyer.

Q: If you sign a prenuptial agreement stating you will have no rights to husband's home in a divorce or death of him

1 Answer | Asked in Divorce for Illinois on
Answered on Dec 29, 2018
James G. Ahlberg's answer
Probably, but it's worth taking a copy of the prenuptial agreement to the lawyer you hire to represent you in your divorce to see if he or she can find a way around it.

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