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Questions Answered by T. J. Jesky
1 Answer | Asked in Contracts for Illinois on
Q: Can a seller.get out of a contract. And if so how?
T. J. Jesky
T. J. Jesky
answered on Sep 14, 2018

Once you enter into a valid contract, the contract binds you to its terms. A material breach means you cannot fulfill the main promise of the sale.

The first thing you want to do is read the contract to see your obligations if there is a breach. Once you understand your contractual...
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1 Answer | Asked in Securities Law and Employment Law for Illinois on
Q: I'm a little unclear on employee stock ownership

- if I'm offered stock, but I don't think it's worth it, I don't have to take it, right?

T. J. Jesky
T. J. Jesky
answered on Sep 14, 2018

You are correct. If some one wants to give you stock, you are under no obligation to accept it. The same is true for an inheritance. You may not want to accept a property, if it includes a huge mortgage or a number of tax liens.

There must be more to this story than your comment above....
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1 Answer | Asked in Personal Injury for Illinois on
Q: Will I lose my job after being out due to injuries from a car accident?
T. J. Jesky
T. J. Jesky
answered on Sep 13, 2018

There are a lot of variables in order to answer your question. Such as:

1) How long have you been out of work since your car accident?

2) Have you recovered from your accident?

3) If you have recovered, are your physically able to return to work?

4) Have you...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Does an officer have to show you a warrant before proceeding to enter the home and searching and does the people stay in
T. J. Jesky
T. J. Jesky
answered on Sep 13, 2018

Generally speaking, the answer is "yes." They need to show you the warrant, and give you a little time to review the warrant. For example, see if the warrant has the correct address. The exception, is when the police feel that they are exigent circumstances. In other words, by the... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Illinois on
Q: My son does not want to see his dad anymore he’s 17 and will be 18 in 6 months. Is this a possible chance in court?

He doesnt want to be there another day and we have NOT settled college because he was too young at time our divorce finalized. I am assuming he’ll lose that. Main factor his dad is a drug user but hard to prove. This is an INDIANA case.

T. J. Jesky
T. J. Jesky
answered on Sep 12, 2018

Short answer: Probably.

Illinois follows the Uniform Child Custody Jurisdiction and Enforcement Act. To be most specific, in Illinois, custody is decided based on what is in the best interest of the child.

The court considers many items when making a custody decision, including:...
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1 Answer | Asked in Child Custody, Child Support and Divorce for Wisconsin on
Q: Were can I find legal aid in manitowoc Wisconsin for divorce and custody and support payments my husband took it all

I have no access to bank account because he never added me and put our house only in his name and us emotionally abusive and was at times physical abusive I have no access to funds he took everything away from me would not let me wrk because he didnt want to loose state insurance or food stamps... View More

T. J. Jesky
T. J. Jesky
answered on Sep 12, 2018

Try contacting: Calumet/Manitowoc Public Defender Office, 933 South 8th Street, Ste. 102 Manitowoc, WI 54220-4534, Phone: 920-683-4690

1 Answer | Asked in Banking for Illinois on
Q: My father and I went into his bank and I opened an acct in my name and we deposited checks that were payable to him.

The banker, who was with us from start to finish, neglected to have him endorse the checks, but he was fully present and agreed to the deposit. None of the money was spent until a few weeks later, when, unbeknownst to me, my brother got the bank to move the entirety of the funds from my acct (I was... View More

T. J. Jesky
T. J. Jesky
answered on Sep 12, 2018

A check is not valid unless it is endorsed by the person who is cashing it. Therefore, you cannot deposit an unendorsed check. You have no recourse against the bank.

2 Answers | Asked in Child Support for Illinois on
Q: In the state of Illinois can I file for child support if parent is in prison?

My ex has been in prison since my now 11 year old daughter was 4. What is the process for filing?

T. J. Jesky
T. J. Jesky
answered on Sep 12, 2018

Short answer: Yes.

In Illinois, child support services are administered by the Department of Healthcare and Family Services’ Division of Child Support Services. Division of Child Support Services will help any parent obtain support for a child or children.

It sounds as if...
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1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Indiana on
Q: Is it legal for Capital One to send me a bill and offer half off the balance after filing suit against me?

Capital one hard and attorney / collection agency and they took out a lawsuit against me and had me served. I submitted a motion for production asking for them to show proof where I signed a contract and other questions. They now have sent a letter to me in the mail showing a balance which is the... View More

T. J. Jesky
T. J. Jesky
answered on Sep 12, 2018

If you are represented by an attorney, and they know you are represented by an attorney, they need to go through your attorney to contact you. Otherwise, how else are they going to contact you.

Based on your commentary, it appears the want to settle with you before the incur court costs....
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1 Answer | Asked in Securities Law for California on
Q: We'd like to issue shares in our company - do all the officers need to sign off?
T. J. Jesky
T. J. Jesky
answered on Sep 12, 2018

When a Company issues shares, the "corporate formally" to do so, is a Board Resolution. In other words, it is the Board of Directors through a Board Resolution that authorizes the issuance of shares from the Corporate Treasury. It is not the officers but the Board of Directors who have... View More

1 Answer | Asked in Divorce for Wisconsin on
Q: My husband and I have been married for 23 years he filed for divorce he makes $68,000 p/yr

I have been unemployed for three years do to us moving around because of him changing jobs all the time I do not have a college education he does. He also has taken all the money out of our joint account and opened up his own account. He has left me penniless and our lease was just up September 1st... View More

T. J. Jesky
T. J. Jesky
answered on Sep 12, 2018

With 23 years of marriage, you are entitled to more to a hefty divorce package. First, you are still entitled to all of the money he took out of the joint account. Since you are still married, he is required to pay for your essentials, e.g., housing, food, healthcare, etc.

Don't...
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1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: Someone I know has a record that has a cocaine drug charge and 2 DUI's. Is it possible for him to get papers

Immigration lawyers!!!

Someone I know has a record that has a cocaine drug charge and 2 DUI's. Is it possible for him to get papers

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2018

In order to become a naturalized citizen, the applicant must prove that he or she is a person of “good moral character,” especially in the five years before applying.

If the applicant has a DUI on their record, the U.S. Citizenship and Immigration Services will most likely deny the...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Looking for attorneys who is able represent my “out of state workers compensation case” on GUAM. No need for travel.

Currently residing in Okawville Illinois since accident and continuing medical care since 2016

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2018

Let me suggest you contact the Guam Bar Association. Website: https://guambar.org/

According to their website, they can make a referral for you. Their website says that they have 5 attorneys who specialize in Workers Compensation cases.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Is there a SOL on suing my aunt for fraudulently removing my name as a heirs from my grandparents home?

My grandparents owned property and grandmother removed her name from her house before she passed and added me and 2 of my aunts my grandfather (now to deceased)name remained, years later i researched and found my name was originally on the house my aunt sold it could that been done without my... View More

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2018

Unless you are minor and your aunt is your designated Guardian, you have a major fraud case against your aunt. If you are minor, when you reach your majority, your aunt needs to turn the proceeds of the sale of the property over to you.

However, if you have reached your majority, and you...
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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Illinois on
Q: Should I file a claim against a company that will not give me my deposit fee back?

I did not get a notice on whether I got accepted to rent an apartment. I called landlord after not hearing back for two weeks and informed landlord I was no longer interested. Landlord said she would let company know. A month later no deposit check back. Called company and they said its used for... View More

T. J. Jesky
T. J. Jesky
answered on Sep 10, 2018

Illinois Statute (765 ILCS 710) is directed towards all landlords in Illinois for residential property containing five units or more in an apartment complex or in a single building. Under the Illinois statute, a landlord needs to return the security deposit within 30-45 days, of vacating the... View More

1 Answer | Asked in Child Support and Collections for Illinois on
Q: Hi, if my twins father gets married and buys and sell property under his wife's maiden name while they were married

Will I be able to collect or sue for unpaid child support?

T. J. Jesky
T. J. Jesky
answered on Sep 10, 2018

Regardless of whether your ex buys or sells property, you state you have "unpaid child support." You are entitled to this unpaid child support now.

Let me suggest you contact, the Illinois' Division of Child Support Services, they will pursue several remedies on your behalf....
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1 Answer | Asked in Traffic Tickets for Illinois on
Q: If I am on court supervision in Illinois and I have received a violation by the us district court, what happens?

I work in Missouri and I purchased a car in Missouri last week. I live in Illinois and I did not get to register the vehicle in Illinois yet because they were not open when I purchased the car and I drove the car to work the next day, a Saturday, with the plates from my previous car on it. In... View More

T. J. Jesky
T. J. Jesky
answered on Sep 10, 2018

A violation of Court supervision means that you will be held in contempt of court and, depending on the court which issued the order, you could either be fined or lose your license. Although, it sounds to me that you had good intentions and a good defense to register your car.

If you can...
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1 Answer | Asked in Car Accidents for Illinois on
Q: Another driver ran a yeild sign and hit our car, her insurence claims we have fault for not avoiding the accident?

Her insurence also claims we are a both driver at fault state so they wont pay for our damages, also the speed limit was 25mph but both cars were totalled. Also the accident took place right next to the other drivers workplace so i feel like she should have known the yield sign was there?

T. J. Jesky
T. J. Jesky
answered on Sep 10, 2018

In most cases, the police accident report is the deciding document for determining fault. It is usually accepted by the insurance adjuster as the most accurate assessment of the accident. Even tough the police report may say you were not at fault, the claims adjuster will begin collecting... View More

1 Answer | Asked in Criminal Law and Personal Injury for Missouri on
Q: Is it shoplifting if someone conceals a item and then pays for it at the counter

A friend of mine concealed deny them in her purse changed her mind at and then pulled it back out of her purse on camera then went to the register paid for it was approached at the door by security detained and forced with excessive force they beat her up can she sue them and were they right to do... View More

T. J. Jesky
T. J. Jesky
answered on Sep 9, 2018

When you friend first concealed the item in her purse, with "intent to deprive" the store of their merchandise, she committed a theft crime, specifically, larceny. Even though she changed her mind, and returned the item, the crime was committed, due to her intent.

As far as the...
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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can a condo association force owners to evict their tenants?

I received a letter stating unit owners must terminate their leases with their tenants due to a leasing cap.

T. J. Jesky
T. J. Jesky
answered on Sep 9, 2018

Generally speaking, HOA’s authority is limited to oversight and enforcement of its members, the owners of the real property. The HOA has the authority to enforce its governing documents against its members, the owner who actually owns the real property. The HOA has no ability to enforce its... View More

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