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Questions Answered by T. J. Jesky
1 Answer | Asked in White Collar Crime for Illinois on
Q: Want to get a loan with property as collateral - that's okay right if I don't live there?
T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

As long as you are the owner of the property, even if you don't live in property, it can be used as collateral. This is done frequently. However, if you don't own the property and you use it as collateral, this would be considered fraud.

1 Answer | Asked in White Collar Crime for Illinois on
Q: What is the best way to transfer our corporate bank account into another

so we don't violate any rules - do we have to file anything with the IRS?

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

To best answer your question, I would need more information. For example, are you just transferring your corporate bank account to another bank. A corporation has its own unique EIN number with the IRS. This number identifies the corporation. Just because the corporation changes bank accounts,... View More

1 Answer | Asked in Energy, Oil and Gas for Illinois on
Q: Is gas stove with standing pilot light legal? No electric start, pilot light keeps going out leaking gas.

I am afraid to leave my dogs home alone. Carbon Monoxide detector doesn't go off. Even if it did who would notice. I just want the stove removed and a safe one in its place. I rent.

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

Some gas appliances have a standing pilot light, i.e. a small flame that burns continuously, used to light the main burner gas. Should the pilot light flame go out, most appliances have a safety that will stop the flow of gas to both the main burner and the pilot. These appliances are known as... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: I stole gas from this one gas station twice and the second time one of the workers came out to look at my plates.

I left when he approached my truck. I believe they might have had a picture of my truck or something but I want to know what to expect since they might have called the police.

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

Based on your story, you committed a Class A Misdemeanor. That being said if you have a previous theft conviction, the charge can be increased to a Class 4 felony.

So, what do think is going to happened? You committed and confessed to a theft crime. Once the police free up their...
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1 Answer | Asked in Admiralty / Maritime for Illinois on
Q: In a Maritime case filed in Illinois, what, if anything, must litigant file before filing complaint?
T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

In order to prevail under maritime law you need to prove negligence. This involves convincing a judge and/or jury that the defendant failed to take action that should have been taken, or by proving that the defendant did not apply proper safety measures. A person is considered liable for all... View More

1 Answer | Asked in Libel & Slander for Illinois on
Q: My direct boss knowingly sent false information about me to higher ups upon my resignation, is this grounds for libel?

I was part of what I would describe as a hostile work environment and after numerous documented complaints of being mistreated I eventually resigned. As such I sent a respectful letter of my resignation via email to my direct mgr. and hr. In response to this my direct boss sent an email to 5 higher... View More

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

It does sound that you do have a case for libel; however, on the other hand, what are your damages? If these communications prevents you from finding another job, your case becomes stronger. On surface, the cost and time of any litigation may not justify pursing this matter.

1 Answer | Asked in Criminal Law and Elder Law for Rhode Island on
Q: My attorney has ignored my emails,phone calls, even 2 certified letters for 2 yrs now. 6+ yr case, what do I do?

I expressed if he did not want to handle this case to surrender with no pay so I can hire another attorney in 2 certified letters sent to both his locations and he never responded. I gave him no money and he quoted when I hired him “ if I don’t win this case, you pay me nothing” he passed on... View More

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

My gosh, do you need to be hit by lightning first? Do you think if you wait another year, this attorney will wake-up and call you? It does not sound that you signed an engagement letter with this attorney. To determine if you have a malpractice case against this attorney, would depend on the... View More

1 Answer | Asked in Constitutional Law for Illinois on
Q: I'm a 65 year old man can you break down what Roe versus Wade means in layman's terms for me as time allows thank you
T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

Roe v. Wade was a 1973 Supreme Court decision that established a woman’s legal right to have an abortion if they chose to do so.

1 Answer | Asked in Copyright and Trademark for Illinois on
Q: Would I be infringing on Hasbro, Inc. for using "Connect4" or "Connect "Four"" to use for a game for a trade show?

I have a big show (100,000+ attendees) coming up for contestants to win a certificate if they happen to win on a larger version of the Connect4 game. I am making up a sign to use for this game, but do not want to infringe on any trademarks.

The slogan we are wanting to use is... View More

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

I checked the government's website at www.uspto.gov and looked-up "Connect 4." Yes, the trademark was filed by Hasbro; however, it appears that the trademark as yet to be issued.

This means that Hasbro does l not have trademark protection during this pending period. If...
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1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: What does abandonment-no statement of use filed

I want to know if someone LLC something. but, when I researched it gave me the statement

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

The term, "ABANDONED - NO STATEMENT OF USE FILED" is used by the U. S. Trademark Officer. It means when the applicant has not replied to the Trademark office and the applicant has failed to file "statement of use" then, USPTO abandons the mark. The mark is not valid anymore... View More

1 Answer | Asked in Divorce for Illinois on
Q: How do I file for divorce with a spouse who was deported to Mexico over 10 yrs ago?

He was convicted of a sex crime.

I've had.no contact for over 10 years.

There are no assets.

No children were born

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

Yes, you can divorce a spouse who is missing in Mexico. Without any assets or children, it even becomes easier to do so.

You will have to file an affidavit with the Court, swearing that you made a good faith effort to locate your missing spouse. You will need to show that you exhausted...
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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Landlord has refused to provide an address for himself or an agent. Is this legal? How can I send written notices?

I would like to send my landlord certified mail to give notice of necessary repairs. Landlord has been hostile about necessary repairs such as a broken toilet in a one bathroom apartment. He has refused to provide an address and only sends an email address, saying that he has no permanent address.... View More

T. J. Jesky
T. J. Jesky
answered on Sep 7, 2018

The Chicago Landlord Tenant Ordinance (RLTO) is the source of tenants’ rights law for those that live in the City of Chicago.

Landlords are not permitted to not identify themselves. The RLTO requires that the following be disclosed in writing to the tenant:

1. The name, address,...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Illinois on
Q: How long does a person have to get their possessions after leaving the place they lived at without a lease or paid rent?

We had friends live with us for about 2 months in our home that we live in and own under the verbal agreement they would pay rent and get a job (and other verbal agreements) to which they never paid rent or kept a job longer than a few days. A few days ago (Fri) we asked for that they pay us rent... View More

T. J. Jesky
T. J. Jesky
answered on Sep 7, 2018

When a tenant abandons their property, the landlord can throw out their trash immediately. With regards to valuable property, a Chicago ordinance sets out rules for that city, including the requirement that the landlord must hold or store valuable property for seven days before disposing of it.... View More

1 Answer | Asked in Medical Malpractice for Illinois on
Q: Is it considered medical malpractice if a doctor gave my records to my husband but i didn't want him to?
T. J. Jesky
T. J. Jesky
answered on Sep 7, 2018

Unless you filled out a "Medical Power of Attorney” and a Health Insurance Privacy Protection Act ("HIPPA") waiver, a spouse (or even the parent of a child over 18 years old) does not have an automatic right to see your medical records.

That being said, a doctor may...
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1 Answer | Asked in Tax Law and Employment Law for Illinois on
Q: SECTION 125 PLANS. HOW TO OPT OUT OF THE PLAN AFTER ENROLLING.

My employer offers the cafeteria 125 plan for AFLAC. I want to drop AFLAC but my employer said I cannot. I can only cancel them during open enrollment. They said the IRS will not allow it. I called the IRS and they said " due to budget constraints, they cannot answer or help me. What do I do.

T. J. Jesky
T. J. Jesky
answered on Sep 5, 2018

A Section 125 offers different options for employees. It allows employees to choose among medical, dental, vision, and other employee benefits, or they can receive the same amount in cash.

The Plan meets the specific requirements of Section 125 of the Internal Revenue Code of the IRS....
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1 Answer | Asked in Civil Litigation for Illinois on
Q: My husband, myself and my mother in law are on title for our home. My mother in law threatened me 2 months ago and under

police advice, I have not been in my home since. My mother in law had a litigation attorney contact my husband over a month ago to tell us she would agree to a buy- out. We applied for a loan based on that information, and now that the loan is ready, my mother-in law told my husband that she may... View More

T. J. Jesky
T. J. Jesky
answered on Sep 5, 2018

It sounds as if you, your husband, and mother-in-law are tenants-in-common on the Deed of Ownership. Without seeing the Deed, you are most likely equal owners. Your mother-in-law doesn't have to sell her interest, she can remain an owner or she can sell her interest to a third party. There... View More

1 Answer | Asked in Business Law and Employment Law for Illinois on
Q: Can a manager who is not your manager disclose your salary information to other employees?

It appears that an employees salary information was leaked to someone. This person whom found out does not need this information to do their job and is now targeting the other employee because they are making more money. Is there anything the employee whose salary was leaked can do?

T. J. Jesky
T. J. Jesky
answered on Sep 4, 2018

Most larger Companies have a Policy and Procedure Manual. That being said, it is doubtful that leaking a salary would be in the Manual; however, if is in the Policy and Procedure Manual, you have your answer.

If the information leaked was accurate, and you have no damages, you have little...
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1 Answer | Asked in Business Formation for Illinois on
Q: How do you start a non-profit organizations? What legalities do you need to be concerned with a national organization?

We are looking to incorporate under the Alliance of Medical Education Professionals (AMEP). The group will provide membership to administrators across the medical specialty spectrum and provide numerous resources related to education, networking, professional development, etc.

T. J. Jesky
T. J. Jesky
answered on Sep 4, 2018

The actual incorporation of Alliance of Medical Education Professionals is a very easy process. You need to file as nonprofit organization, also known as a non-business entity or nonprofit institution with the Secretary of State. It is just a matter of filling out some very easy forms and paying... View More

1 Answer | Asked in Securities Law for Illinois on
Q: How do I donate stock to a charity?
T. J. Jesky
T. J. Jesky
answered on Sep 4, 2018

Before you donate any stock to a charity, you should check with the charity first to determine if they will accept the stock.

Once you determine, the charity will accept the stock, you need to transfer the stock into their name.

The transfer depends if you have the stock in...
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