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Questions Answered by James G. Ahlberg
1 Answer | Asked in Civil Litigation and Landlord - Tenant for Illinois on
Q: Do I have the right to change the locks or deny access to the house for items?

My long term girlfriend 3 1/2 years moved out after cheating and moving in with a married couple around 2 hours away. Everything in the home including title work, hills, etc is all in my name. She does get some mail and bills of her own at the address. After a long period of lying and deception,... View More

James G. Ahlberg
James G. Ahlberg
answered on Apr 17, 2023

While you have no right to keep her personal property, you have the right to impose reasonable conditions on how she gets it back. That includes requiring the items be recovered while you are present. If your assessment of her as a liar is accurate, be sure you have a friend with you when she is in... View More

1 Answer | Asked in Real Estate Law and Legal Malpractice for Illinois on
Q: IF A LAWYER REPS THE PROPERTY AND THE PROPERTY HAS EMPLOYEES AND TENANTS THE LAWYER THEN HAS TRIPLE DUTY

sorry its a hotel should have been clear and guest was injured while living on property and bed bugs was the cause instead if him doing the right thing he illegal eavesdropped acts of retaliation , harassed hacked computer slowing her prep dow for case which caused her to not make it to court. He... View More

James G. Ahlberg
James G. Ahlberg
answered on Apr 16, 2023

No. A lawyer has a duty to his client (typically the seller or the buyer of the property). He has no duty to the property itself and no duty to employees who work on the property.

1 Answer | Asked in Consumer Law for Illinois on
Q: Is an orthodontist allowed to deny to see me as a patient based on a debt my parents had with their office in the past?

I am 22 years old now and financially independent from my parents. I have great credit and no debts. I went to make an appointment with an orthodontist, but they said the Dr may not accept me as a patient because my parents never paid off the braces I had when I was 12. I didn't finish... View More

James G. Ahlberg
James G. Ahlberg
answered on Apr 14, 2023

An orthodontist (or any professional) can refuse to see you for any reason, other than one based on discrimination against a member of a legally protected class. For example, he can't refuse to see you because you are black or white, Buddhist or Baptist, married or single, and so on, because... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My Landlord is requiring my roommate and I to pay the outstanding balance left from a previous tenant. Is this legal?

They are stating we assumed liability once we signed the lease, but was never made aware that there was an outstanding balance on the apartment. Is it our responsibility to pay, or do the previous tenants have to pay?

James G. Ahlberg
James G. Ahlberg
answered on Feb 23, 2023

You don't owe rent for any time prior to the beginning of your lease. The sole exception would be if the terms of the lease explicitly state you are assuming liability for the rent left unpaid by a previous tenant -- something I've never heard of in a lease. If your landlord wants to... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I was 17 not sposed to be working in fryers and they had me clean the frying pan keep in mind no protection gloveavaible

When I pulled the pan out it was full of grease and fried my whole hand and half of my arm the did not report this to the police or anything can anything be done?

James G. Ahlberg
James G. Ahlberg
answered on Feb 8, 2023

You should contact a lawyer about filing a workers' compensation claim right away. This is not a situation that would normally be reported to the police.

1 Answer | Asked in Divorce for Illinois on
Q: As i live out of state, how do I remotely submit documents into evidence in divorce court in Illinois?
James G. Ahlberg
James G. Ahlberg
answered on Feb 6, 2023

This is a question best addressed by the Clerk of the Circuit Court for the county in question, since the answer may vary depending on the county in which the divorce was filed. Do a Google search for "circuit court clerk for (insert county name) county, Illinois" to find the appropriate... View More

1 Answer | Asked in Divorce for Illinois on
Q: If a decree says husband is responsible for deductibles for dependent care coverage does that cover all daycare expenses

Decree states “Any unreimbursed medical, dental, optometric, orthodontic, pharmaceutical, counseling, office visits, co-pays, and deductibles for dependent care coverage for the parties' minor child not covered by said policy of insurance or

health insurance benefits, shall be paid... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 6, 2023

Probably not. Each of the things listed in the quoted portion of the decree deals with medical care and health care. Daycare is generally not considered to be medical care or health care related. If the cost of daycare was going to be addressed in the decree, it would be in a different paragraph or... View More

2 Answers | Asked in Employment Law and Contracts for Illinois on
Q: Signed non-compete in IL, that I must give 10-day notice & name of my next employer before quitting. Do I have to do so?

I signed a con-compete in Illinois that reads "If for any reason I decide to voluntarily resign from the Company, I acknowledge that the Company requests that I provide at least 10 business days written notice of my intent to leave, the date I want to leave, and (as soon as I know it) the name... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 2, 2023

I strongly encourage you to have the entire agreement reviewed by a lawyer experienced in employment law to determine how the quoted material stands in relation to the rest of the agreement. It is important that you understand I'm assuming everything within the quotation marks of your question... View More

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Q: so a land patent protects the property within the land patent if the holder steps foward
James G. Ahlberg
James G. Ahlberg
answered on Feb 1, 2023

I don't mean to sound rude, but you've made a statement rather than asking a question. Do you have a question? You'll want to use somewhat correct terminology. A "land patent" typically refers to the initial grant of a piece of land by the government to an individual or... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Illinois on
Q: I need to change my farm land recording to my trust. My attorney has not followed through. Can I record it myself?
James G. Ahlberg
James G. Ahlberg
answered on Jan 27, 2023

First, call your lawyer and ask why he hasn't followed through. There may be some obstacle that's needs to be removed first, and he's working on it for you. Second, if your lawyer doesn't have a good reason for not following through, find another attorney. You can record... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: In Illinois do you have to give a roommate notice of someone moving in?

Me and my girlfriend split up about a year ago. She still lives in my house that I own. I've been seeing somebody for 6 months and we both want to live together. Problem is my ex-girlfriend still lives there and she refuses to leave. Do I have to give her notice of someone moving in? Because... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 27, 2023

From a legal perspective, if it's your house you don't need to give your ex notice that someone else is moving in. On the other hand, I'm guessing your new girlfriend and you will lead a much more peaceful life if you evict the ex-girlfriend before moving the new girlfriend into the... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: If the father is not on the birth certificate, does he have any legal rights?

His name is not listed on the certificate and no paternity test was ever done.

James G. Ahlberg
James G. Ahlberg
answered on Jan 3, 2023

The father's rights are essentially the same as the mother's right. To establish your rights you'll need to file a parentage action in the local county courthouse. The court can order a DNA test of you, the child, and the mother. If the DNA test proves you are the biological father,... View More

1 Answer | Asked in Child Custody and Tax Law for Illinois on
Q: What options do I have if my child's grandma tries to claim my son on her taxes, even if he only stayed a month with her

He stayed with her for December but that was due to me (being without a vehicle) and her and the child's dad, keeping him from or not helping me to see him, I live 45 minutes away. They will not let him come back to my house.

James G. Ahlberg
James G. Ahlberg
answered on Jan 3, 2023

If you provided over half the cost of raising the child in 2022, you are entitled to claim the child on your taxes. If that is the case, make sure you file your taxes as soon as possible. If grandma's tax return is filed after your, her attempt to claim the child is likely to be rejected... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can a landlord sue u if you are just a cosigner on a lease but do not live there
James G. Ahlberg
James G. Ahlberg
answered on Dec 21, 2022

Yes. The whole point of getting a cosigner is to have someone else to sue if things don't work out.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Other parent not following court order in regards to child care payments, life insurance policy, medical expenses
James G. Ahlberg
James G. Ahlberg
answered on Dec 15, 2022

You need to file a Petition for Rule to Show Cause. This is a pleading asking that the other party be held in civil contempt of court for not obeying a court order. If the court holds the other party in contempt it can require him or her to comply with the previous order by a certain date, or go to... View More

2 Answers | Asked in Criminal Law, Legal Malpractice and Small Claims for Illinois on
Q: Can i sue or file a complaint against this county

Recently i took a plea for a criminal case and received the final disposition now my license and other things have been suspended due to this case that wasn’t involved in the disposition my license is my way of working and the courts new this

James G. Ahlberg
James G. Ahlberg
answered on Dec 13, 2022

It sounds like the consequences of your guilty plea were not fully explained to you. If this is true AND if your guilty plea was entered within the past 30 days contact an attorney immediately. He or she will need to file a motion to withdraw the plea based upon inadequate explanation of the... View More

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1 Answer | Asked in Employment Law for Illinois on
Q: When to give resignation notice to avoid signing bonus clawback.

I received a $15K signing bonus for a new job last year. I signed an contract agreeing to pay back the bonus if I voluntarily leave within 12 months from date of hire.

I started Oct 11 2021. I accepted a new job offer and would like join on Oct 17th. If I give my two week notice stating my... View More

James G. Ahlberg
James G. Ahlberg
answered on Sep 22, 2022

It would be best to wait until October 12 to give notice to eliminate the potential claim that you must pay back the bonus. Think of it as being paid $15,000 to work those extra few days.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I am 16 with parents who are seperated and I want to move to another state with my dad.

My parents are seperated and for reasons I shall not discuss I would rather live with my dad. I dont know what needs to be done in order to move to a different state with him and have no idea how to find out due to my mom having an app on my phone that makes it so she can see everything on it. What... View More

James G. Ahlberg
James G. Ahlberg
answered on Aug 25, 2022

You'll have to talk to your father and encourage him to begin court proceedings to change parenting time (formerly known as custody) and for him to petition the court to allow you to leave the state with him. I know of no way for you to begin these proceedings on your own.

1 Answer | Asked in Family Law for Illinois on
Q: Can I kick my soon to be 19 year old out of my house? I am the parent and she does not help pay for anything.

We live in Illinois. No written agreement for rent or anything like that. She has threatened me and is becoming more hostile and disrespectful by the day.

James G. Ahlberg
James G. Ahlberg
answered on Jul 25, 2022

If your daughter is 19, she is legally an adult. You can kick her out of your house, but you would do well to consider the result. Does she have a place to go? With whom will she live? How will this affect your relationship with her long into the future? Sometimes a practical answer is better than... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Is there a law holding a company Liable for poaching or stealing another companies employees by spreading lies
James G. Ahlberg
James G. Ahlberg
answered on Jul 6, 2022

The answer depends on the exact circumstances. Several possibilities suggest themselves. One is that the offender may be engaging in the tort (a civil wrong creating liability) of slandering the business reputation of the victim company. Another is that the offender may be engaging in the tort of... View More

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