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Questions Answered by George W. Svoboda
2 Answers | Asked in Criminal Law, Elder Law and Internet Law for Illinois on
Q: Victim of bad theft case from my brother n his wife/lied 2 detective he believed her 2) No questions to my brother

They have sold on ebay auctions etc large sports memorabilia collection other collectibles etc both are on social security disability barely was getting by every month paid 1 house off bought another 1 n paid a lawyer $20,000 to fight me on my own property i reported them to office of the IG

George W. Svoboda
George W. Svoboda answered on Aug 12, 2020

Did they steal the collectibles from you? Did they use that money to buy the new house? If the police won't pursue the theft, you can't force them. You can sue them for the cost of your stuff. Do they have enough equity in the house to go after? However, they could then file bankruptcy... Read more »

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1 Answer | Asked in Family Law for Illinois on
Q: Hi, I have a question so me and my girlfriend are both 17 about to be 18 in 7 months And we were thinking of moving in

moving in together right now I live with my parents but I am planning to move out when I turn 18. I already talk to them and they said she can come but her parents say she can’t move out till she’s “20” if she Would come with me can they call the police to force her to come back? Or... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 10, 2020

You are both past the age of consent in both Ohio and Illinois. Once you are both 18, you will both be at the age of maturity. At the age of maturity, you are both adults and your girlfriend's parents cannot have the "police to force her to come back". The exception would be if your... Read more »

1 Answer | Asked in Family Law, Child Support and Civil Litigation for Illinois on
Q: I am legally separated. My husband's ex-wife wants me to contribute to their child's college tuition.

My husband and I have been legally separated for 9 months, we do not have children together. He has a child from a previous marriage and the mother of the child wants me to contribute to paying for the child's post-secondary education.

Can the mother make\request the court to do that?... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 10, 2020

You state that you can't afford an attorney, but you are being asked to contribute to a college fund. You are going to need to pay somebody. It's probably less expensive in the long run to hire the attorney. Seek out a free consultation and ask for a cost estimate.

1 Answer | Asked in Small Claims for Illinois on
Q: I was never issued a debit card from unemployment but the unemployment site says that I have been issued 3payments.

What can I do? I call weekly and keep getting the same answer of someone will call me back or they'll send an email.

George W. Svoboda
George W. Svoboda answered on Aug 10, 2020

If you have an open claim, check the payment method on the unemployment site. You may have direct deposit setup. You can change that. If you had direct deposit setup for a prior claim, the unemployment department (IDES) still may have that on file even if you no longer have that account. You may... Read more »

2 Answers | Asked in Personal Injury for Illinois on
Q: I was shopping and upon exiting the store the door greeter grab my child by the arm while he was in a cart. Can I sue?

My child was in a cart and she did not have permission to touch my child. As many people as she sees all day and touching all the carts everyone touches I feel she put my child at risk for infection of covid-19 aren't there social distancing laws in place?!

George W. Svoboda
George W. Svoboda answered on Aug 10, 2020

Maybe, but what would your damages be? Also, what affirmative defense might the greeter have? You are only providing half of the facts. Did your child grab an item that wasn't paid for? Was your child in danger and about to fall? It's not clear why the greeter touched your child.

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1 Answer | Asked in Civil Rights for Illinois on
Q: My friends wife wants to kick him out of his house and make him pay bills
George W. Svoboda
George W. Svoboda answered on Aug 10, 2020

She cannot legally evict him while they are married. She would need a restraining order and would need just cause for that. He needs to pay his share of the bills in any case while married.

2 Answers | Asked in Criminal Law for Illinois on
Q: Can I file a emergency clemency when my case is being reopened due to police torture?
George W. Svoboda
George W. Svoboda answered on Aug 10, 2020

Maybe, but you really don't provide enough information to give you any real answer. In your situation, you should consult with a criminal defense attorney in confidence.

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2 Answers | Asked in Bankruptcy for Illinois on
Q: What if my wife refuses to pay for my debt?

I have judgments against me totaling around $60,000 for credit card debt, plus another $40K in unsecured debt that has not been brought to court. All of this debt is in my name only. I am self-employed, but currently struggling/out of work. I would like to file a chapter 7, but my wife's... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 10, 2020

You don't need to file chapter 7 together. Each can file independently and one can choose not to file.

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2 Answers | Asked in Family Law for Illinois on
Q: Is it allowed to hire a prior guardian ad litem as my attorney if they broke off to a new firm?
George W. Svoboda
George W. Svoboda answered on Aug 10, 2020

The conflict of interest that Mr. Ahlberg states arises from the duty of the guardian ad litem to be independent and objective. He /she would no longer be independent if he were hired by one of the parties and would thereby breach his duty.

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1 Answer | Asked in Uncategorized for Illinois on
Q: I am about to start junior year of high-school and want to prepare for a career in law. (Illinois)

From what I've heard, most lawyers major in something kind of related to law and then minor in pre-law. Right now, I want to major in Historybeith a minor in pre-law. If there is a pre-law major program I would love that. Question 1: What prerequisites are there to studying pre-law or History?... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 5, 2020

In almost all colleges and universities, pre-law is not a major nor is it a minor. Some schools offer what is called a "concentration" in pre-law, but you would still need to choose a major. You are not required to have a minor in most schools. Some schools have scholar's programs in... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: what constitutes racial profiling from a legal standpoint?
George W. Svoboda
George W. Svoboda answered on Aug 5, 2020

There are many laws against discrimination based on race. Racial profiling is a term used broadly to mean that race or ethnicity is used as suspicion that someone committed an offense. Usually, this is something that law enforcement is accused of. Proving racial profiling is a way to win a... Read more »

1 Answer | Asked in Employment Law and Elder Law for Illinois on
Q: My question is concerning the effects on a 64 year old woman from wearing a mask at a full time job.

I’ve been wearing the required mask at work since March 2020. We were informed it is now a requirement for employment. I do not work in the general public. I’ve reported to my manager of having a sore scratchy throat, & congestion, but now it’s a burning in my chest with trouble breathing... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 5, 2020

I'm sorry for your situation. You should go to the doctor and you should get tested. There is no clear evidence that reinfection is not possible. You described symptoms that your employer may believe warrants a test for the virus. You do not have to go to the doctor, but your employer may... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Landlord not returning security deposit

I am living in Bloomington Illinois. Last month we were planning to move out of our current unit (3rd floor) and move in to (1st floor) same building. The person moving out from 1st floor is my friend. We both went on June 19th and he gave a move out from July 19 and I gave move out from 3rd floor... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 5, 2020

If the $600 was a non-refundable application fee, then they don't need to return it. If it was a security deposit, they need to return it within 30 days after you move out. Usually landlords don't take security deposits until you sign the lease.

1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: My grandfather passed away yer ago and now is his home is for sale. Can I purchase through FHA?

My grandfather passed a year ago. His home is now for sale through his estate. As his grandchild, am I able to purchase the home through FHA?

George W. Svoboda
George W. Svoboda answered on Aug 3, 2020

Yes. You can contact the administrator and make an offer. You will not get a special, family deal. The administrator can only take a fair market offer. You might ask the administrator to get an appraisal.

2 Answers | Asked in Landlord - Tenant for Illinois on
Q: I had a tenant break lease early and refuses to pay the termination fee in the contract she signed.

There was a two week notice clause in the rental contract ($300). She up and left then said she would pay me but still is giving me the run around, what legal recourse do I have? There is also a section in the contract that states she will cover legal fees if we go to court.

George W. Svoboda
George W. Svoboda answered on Aug 3, 2020

You can sue her for breach of contract. You can sue yourself in small claims court and ask for court costs in addition. You can hire an attorney to sue for you. You may be able to collect your attorney's fees, but she may be judgement proof, meaning she may have no money or assets to go after.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm in Machesney Park, IL and I have a one year apartment lease; can the landlord increase the rent during the lease?
George W. Svoboda
George W. Svoboda answered on Aug 3, 2020

He can only do that at the end of the lease not during the term. Even if the lease had a clause that provided for it, I doubt that it is enforceable in IL. Trying to raise the rent during the term of the lease is likely a breach of contract.

1 Answer | Asked in Consumer Law and Products Liability for Illinois on
Q: Dealer has "fixed" and given back my car multiple times, while the problem still persisted. Now they say it's unsafe.

A few months ago, my car started showing me a warning that the front passenger restraint system has a problem with it, which could cause non-deployment of airbags in the case of a crash. I gave it to the dealer for repair, and they told us they fixed the problem. The warning continued after I got... Read more »

George W. Svoboda
George W. Svoboda answered on Jul 24, 2020

It sounds like the dealer has had the car multiple times for the same problem. If this car is relatively new, you may have a Lemon Law complaint. They probably didn't know that the car wasn't repaired the first couple of times they gave it back to you, so it would be hard to prove they... Read more »

1 Answer | Asked in Energy, Oil and Gas for Illinois on
Q: Hello i need to know what kind of lawyer i need i almost had my home burned down due to a mistake by the gas company .
George W. Svoboda
George W. Svoboda answered on Jul 24, 2020

You can't sue the gas company for almost doing something. However, you can sue them for actual damages resulting from negligent or incompetent work. Look for an experienced litigation attorney. Suing the gas company won't be inexpensive. If you have a good case, an attorney may take the... Read more »

2 Answers | Asked in Family Law for Illinois on
Q: Do I need to notify the court that I no longer have an attorney representing me?

I don't have an open case currently. I have attempted by email and phone to get in touch with my attorney and no response. I was wondering if I needed to notify the court that I no longer have an attorney or wait until I find a new one.

George W. Svoboda
George W. Svoboda answered on Jul 24, 2020

If your case isn't open, then the court won't be interested that you aren't represented by an attorney. Do you have a representation agreement with the attorney you are trying to reach? If so, it is not ethical for him or her to ignore you even if the matter they handled for you in... Read more »

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1 Answer | Asked in Family Law for Illinois on
Q: Can my parents dictate where I go to college if I'm still 17?

(Parents are divorced) I want to attend a college out of state but my mom is refusing to allow me to go. My father is okay with me attending an out of state college.

I was told if we don't agree (the three of us) then we go to mediation. What will mediation be like then? Can I request... Read more »

George W. Svoboda
George W. Svoboda answered on Jul 23, 2020

Unfortunately, while you are 17, you can't make the decision on your own. However, once you are 18, you can do whatever you want (as long as you can afford it). You don't need your parents permission to apply out of state, but your mom may not pay your application fee. If you can get a... Read more »

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