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Questions Answered by T. J. Jesky
1 Answer | Asked in Landlord - Tenant for Illinois on
Q: What action can be taken, if deposit not paid. He accepts rent.
T. J. Jesky
T. J. Jesky
answered on Sep 9, 2018

Let's make the assumption, that you signed a Lease. The Lease is a binding agreement. The Lease agreement stipulates the terms of the Lease. It stipulates what you are required to do. The terms of the Lease determine when a deposit becomes due. The Lease Agreement can only be enforceable... View More

1 Answer | Asked in Civil Rights for Illinois on
Q: How does the jury decide damage award in a civil case? Does the judge give the jury exactly numbers to choose from?

I would like to know the exact procedure of what happens in the court when deciding damage award? The plaintiff attorney suggests a number of amounts, after that does the judge give the jury several number of amounts to choose from? if so, how many options does the judge usually provide the jury?... View More

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

The judge does not offer any suggestions regarding damages amounts to the jury. Generally, the plaintiff's lawyer makes suggestions, but the amount is entirely the jury's determination based on the evidence presented during the trial. There are different ways a savvy attorney can plant... View More

1 Answer | Asked in Gov & Administrative Law for Illinois on
Q: My mom got her license suspended and fined for not having insurane but

In 2006 my mom's license got suspended and fined for not having insurance, but she had insurance just not on her at the time. They said she needed to come to the court house and prove she had it. For some reason she waited years to go because she moved towns over and had no drivers licenses so... View More

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

There is an old saying, "Nothing is Life is Fair." You answered your own question, i.e. your mother waited too long. Once the judge ruled to pay the fine, your mother needs to pay the fine. If you try to vacate the judge's order, it will cost you more than $700 in legal fees, and... View More

1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: I am a beneficiary on my friends life insurance. they need her medical records how do I get those released? she was not

the policy is under 2 years old so medical request was sent by insurance company but osf would not release them

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

Something does not make sense to me. If you a new beneficiary, why does the Insurance Company need your friend's medical records. You would think that they would want your information.

That being said, a only the patient, or his/her legal representative, may inspect and/or obtain a...
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1 Answer | Asked in Criminal Law, Civil Litigation and Libel & Slander for Illinois on
Q: I'm facing harassment, libel, slander, and defamation online and in person. I have evidence. What to do next?

This has been ongoing from multiple sources for years but I have just recently decided to stop putting up with it and started gathering evidence. Some of it I think is criminal cyberbullying and I'm also interested in pursuing a civil suit for defamation. I'm emotionally distraught and... View More

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

Your next step depends how much you are willing spend to take legal action. As a suggestion, hire an attorney who sends a letter to the people who bothering you that you plan to take legal action if they do not stop. If they don't stop after they receive the legal letter, you will have to... View More

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: My tenants changed the lock and refuse to give me a copy of the key. What should I do?

They changed the lock few months ago, and never provided me the copy of the key, I am selling the property and ask her for a copy, she refused for me to show the apartment nor give me a copy of the key.

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

If the lease agreement specifically does not allow changing the locks or making changes to the property, you are entitled to change the locks back and charge the tenant for the expenses incurred during the process. The cost is typically deducted from the deposit at the end of the tenancy. Read the... View More

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Illinois: Does heir-at-law (child) who is NOT trust beneficiary have right to copy of trust after grantor (parent) dies?

Does ILLINOIS probate code allow hier-at-law —who is NOT listed as trust beneficiary— to request copy of trust after grantor dies and trust becomes irrevocable? Reason, hier-at-law suspects undue influence or improper circumstances on trust creation or amendments which removed the hier-at-law... View More

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

In Illinois trusts are regulated by the Illinois Trusts and Trustees Act (see: 760 ILCS 5/1). There is no statutory provision in the Trusts and Trustees Act that gives the trustee a specific time period in which to provide a copy of the trust to a beneficiary. It also depends on the type of... View More

1 Answer | Asked in Animal / Dog Law for Illinois on
Q: I've been dog sitting, girl won't pick up her dog, how long until he's legally mine? I've had for 3 months.

My friend asked me if I would dog sit for her until she moved into her apartment, I told her I would, it was supposes to take 1 week, I've had this dog now for 2-3 months, I have pets of my own and don't have the time to train her dog, I told her she needs to pick up the dog or get a... View More

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

I am not sure how long it has been or if you gave her formal notice. From the time you give her notice, you are entitled to any additional fees for "storage" and care of the animal during that time, if she reclaims the dog.

If she does not reclaim the dog at the end of the...
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1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: What sorts of legal decisions can NEVER be appealed?
T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

You cannot appeal a court's decision just because you do not like it, you have to have a basis for the appeal.

A not guilty verdict on all charges normally ends a criminal case—the prosecution cannot appeal an acquittal.

Criminal defendants generally can’t appeal...
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1 Answer | Asked in Traffic Tickets for Illinois on
Q: officer did not file the ticket, how long can he wait to file it? Illinois resident

Pulled over for speeding and ticketed for 10g cannabis. Went to court, actually had no court because the ticket for cannabis was never filed, but my speeding ticket was.

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

Illinois Supreme Court Rule 552 . This Illinois Supreme Court Rules say that police departments should file tickets with 48 hours after a ticket is issued. Specifically, the language of the rule says, in part that:

“…The arresting officer shall complete the form or ticket and, within...
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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Illinois on
Q: Do I have a choice of which body shop to get my car repaired if the other driver was at-fault?

I was rear-ended and the other person's insurance accepted full liability. However, the amount they will only pay for body shops in their network or send a check for the cost of their estimate, which is about $400 less than what my body shop estimates for the repairs. Their estimate is based... View More

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

Based on your own discussion, it sounds if you do have choice. They will send you a check that does not cover the entire cost based on your choice of body shop. Let me recommend that you use one of the shops in their network, so you will have nothing out-of-pocket. I believe you know that this... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can a landlord who you no longer rent from force you to pay rent to them claiming there was a lease when there wasnt

The landlord only had us sign a lease to trailer 8 two years ago. She moved us from there to a different trailer and said we would have to sign a new lease and we never did. We did however give her a thirty day notice we were moving and she claims we did not. Can she force us to pay for the trailer... View More

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

It sounds like there was an original lease. We would have to read the terms of the lease to understand if you are liable for the lease. Just because you moved to a different trailer, it appears that you were still on the landlord's property, and you were living in the same landlord's... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: If the judge residing on your current case used to b states attny and you beat a case against him, be conflict of intrst
T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

I would definitely say for the judge to preside on this case would be a conflict of interest. I would think that even the judge would agree. He has the potential to hold a grudge against you. How can you receive a fair trial. You immediately need to petition for a new judge. This should not... View More

1 Answer | Asked in Consumer Law for Illinois on
Q: i received a call from agency saying i had a loan from june of 2011,, ask her question she could only give the frim name

said i need to look up the loan in my email back from 2011

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

This sounds like a scam call. If you really owned them money, you would most likely remember, and they would be eager to give you more information. Don't lose sleep over this matter.

1 Answer | Asked in Personal Injury and International Law for Illinois on
Q: Please see more information

Hello! I’m just trying to ask, my boy friend are studying aviation in America but that is a Chinese school. So they don’t let all the student spend night at outside and they have to be at their dorm after 10pm. It’s that legal? And if they spend the night at outside they will stop that... View More

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

It sounds as if this is private organization, where your boyfriend decided to study aviation. They can set their own rules. If the students cannot accept their rules, I would imagine they can leave the program.

Therefore, you will need to accept these rules. I am hopeful that your...
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1 Answer | Asked in Products Liability for Illinois on
Q: If I sell a product that isn't good, am I still liable, or is the manufacturer?
T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

Based on the fact, that you know the product is not good, of course, you would be liable.

Generally speaking, if a retailer sells a product routinely, they as well as the manufacturer are liable for any defects. It is responsibility of the retailer to inspect the product before it is...
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1 Answer | Asked in Divorce for Illinois on
Q: Help me understand the wording of a clause in the termination of maintenance payments?

I am in the process of finalizing my divorce with my husband and he had his lawyer put in the following clause "The difference between the fair market value of the marital residence being $150,000.00 or more in excess of the mortgage balance secured by the residence. If this occurs, the... View More

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

OK, I read the clause three times, and I have to admit, it is a very convoluted sentence. It always worries me to read something that is purposely written to make the meaning difficult to understand.

Here is how I read it, if the difference between balance on your current mortgage and the...
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1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: We are selling our home and the buyers are purchasing have breeched the contract what can we do?

They have not followed thought on their timelines and keep asking for more money and froze their loan process and we are trying to buy at the same time. We are good to close next week but they won’t follow through on their side is there anything we can legally do? We’ve had to rent a a storage... View More

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

When you entered into a real estate sale agreement, that agreement became a binding contract. Like other legally binding contracts, if one of the parties refuses to complete the real estate transaction according to its terms, the other party may seek damages for breach of contract.

If the...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: Typo in a lease regarding rent

I recently signed a 12-month lease in Evanston, IL. The beginning of the term was 7/1 but the contract said that the first month's payment of $950 is due on or before 8/15. While it seemed a little strange to me that there was nothing mentioning July rent, I signed it and planned to pay my... View More

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

Based on your scenario, this typo sounds that this was a “Mutual Mistake.” Based on the fact that you call this a typo, you yourself probably view this as a "Mutual Mistake." Basically, meaning that neither party noticed it was wrong, but did not intend for it to be present. In a... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can you get out of your lease for holes in your ceiling that is now leaking during rainy days?

Roof started leaking a few weeks ago and after a few efforts by the landlord to address it, the roof has not been fixed. The landlord has mentioned that they are going to renovate the place in March 2019 when we get out of the lease and are not going to fix this issue. They told us we can get out... View More

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

In landlord-tenant law, a warranty of habitability is implied in a residential lease. The law imposes certain duties on a landlord to maintain the premises in habitable condition. This warranty requires landlords to keep their property "habitable," even if the lease does specifically... View More

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