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Questions Answered by Elfreda Dockery
1 Answer | Asked in Civil Litigation for Illinois on
Q: Do all parties listed on a summons need to be served in order for forcible entry and detainer?

The tenants were served with the summons, but the company who signed the lease on behalf of the tenants hasn't been served a summons and can't be served before the court date.

Elfreda Dockery
Elfreda Dockery answered on Nov 9, 2013

judgments are only enforceable against defendants who have been served with the Summons and Complaint. if all parties are not served, then only those served can have an enforceable judgment entered against them.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can a landlord add additional terms/rules to a lease after it has been signed?
Elfreda Dockery
Elfreda Dockery answered on Nov 9, 2013

a signed contract, and that is what a lease is, is an agreement between two parties. if one party to the lease makes unilateral changes that have not been agreed by the other party, then those changes are not a part of the agreement the parties have. they other party's agreement is manifested... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: A year ago I rented my house to family and it's just not working out. With no rental agreement how do I get them out?
Elfreda Dockery
Elfreda Dockery answered on Nov 9, 2013

if there is no written lease, then your tenant has a month to month tenancy. you can give them a 30 days notice. if they have not moved by the end of the 30 days, then you can file an eviction action.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: We had a judgement against us for back rent.The interest being charged seems excessive.Any recourse?
Elfreda Dockery
Elfreda Dockery answered on Nov 9, 2013

illinois allows for interest on judgments to accrue at 9% per annum. is is greater than 9%? if so, then it is excessive. if not, then it is not excessive.

1 Answer | Asked in Contracts for Illinois on
Q: Im a subcontractor and have not been paid for work thats been done for 3 weeks what can i do to get paid?
Elfreda Dockery
Elfreda Dockery answered on Nov 9, 2013

you can try talking to the general contractor about your pay or you can possibly file a mechanics lien.

1 Answer | Asked in Contracts for Illinois on
Q: Can I file a claim in small claims court to get a person to give me a title to a boat

Bought boat two years ago and have not recieved title

Elfreda Dockery
Elfreda Dockery answered on Nov 9, 2013

that depends. if you are seeking damages in the amount of $10,000.00 or less, then yes. if the value is greater than $10,000.00, then the matter is not a small claim.

1 Answer | Asked in Probate for Illinois on
Q: If a bank account is only in my spouse's name, does it have to go through probate before I can access it?
Elfreda Dockery
Elfreda Dockery answered on Oct 5, 2013

it depends. if your husband had other assets valued over $100,000 or real estate, then it will have to be probated. If he did not own real estate and the value is less than $100,000, then you can do a small estate affidavit.

1 Answer | Asked in Family Law for Illinois on
Q: Can we change my daughters last name to her my boyfriends last name if she has my (the mothers) last name.

My daughter is 15. She has not seen her father in a couple years, her choice. He is 20,000 dollars behind in child support. she wants to change her name to my boyfriends last name. She says that he has been there for her since she was 1 and has been more of a father then her own. Can we change her... Read more »

Elfreda Dockery
Elfreda Dockery answered on Oct 5, 2013

does your boyfriend plan to adopt your daughter? or are you talking about just changing the name? either way, you will have to file a petition in court. the court will decide whether to allow the adoption for if an adoption petition or decide to allow the name change for the name change petition.... Read more »

1 Answer | Asked in Domestic Violence for Illinois on
Q: My ex filed an order of protection against me. Is there any action taken if I don't appear at the hearing?
Elfreda Dockery
Elfreda Dockery answered on Oct 5, 2013

court goes on and orders are entered even if you fail to appear. you need to go to court, preferably with a lawyer. if you fail to appear, your ex my get whatever relief he wants.

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