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Illinois Business Law Questions & Answers
0 Answers | Asked in Business Law and Consumer Law for Illinois on
Q: What does Illinois law say regarding the retrieval of personal property from a vehicle after it has been repossessed?

My mother’s vehicle has been in my possession for a few months after she passed away. After passing, I called the lienholder and informed them of what happened and asked what the next steps were. They informed me that they could not provide any information until someone (me) was legally named... View More

0 Answers | Asked in Business Law for Illinois on
Q: Hello I had a business two years ago I took out a loan through pop cash funding they are threatening a ucc lien on me

Can they do that I had defaulted in the loan the business has been close for two years I have no income the collection agency been threatening to put a lien on me and contract my landlord that I rent my apartment from can they do that

1 Answer | Asked in Business Formation, Business Law, Tax Law and Immigration Law for Illinois on
Q: Can I start an online business which is related to my study major while on F1 OPT?

I am on my F1 OPT and working full time. I have completed my Masters in Packaging Engineering. Is it possible for me to open up an Etsy/Amazon/Ebay shop that specifically sells packaging for small/home business products? My ultimate goal is to make it a physical business with physical address which... View More

James L. Arrasmith
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answered on Sep 6, 2024

Starting an online business while on F1 OPT is possible, but there are some important factors to consider. OPT regulations require that any work you do be directly related to your field of study. Since you studied Packaging Engineering, you should ensure that the business you start aligns with that... View More

1 Answer | Asked in Consumer Law, Banking, Business Law and Small Claims for Illinois on
Q: I disputed a transaction involving 2 charges with my credit card co. A credit was given for 1 charge but not the other.

This dispute involved the same set of facts and documents. Since it involved 2 charges, 2 separate reviewers were assigned to my dispute. One reviewer granted a permanent credit for 1 charge. The other reviewer closed the dispute for the 2nd charge without a credit and said I was responsible for... View More

Matthew McKenna
Matthew McKenna
answered on Jun 13, 2024

I would contact a consumer protection attorney that is familiar with the Truth in Lending Act. Depending on the circumstances, you may have a case and a consumer protection attorney will likely offer you a free consultation and may not charge you anything up front if there is a case to bring.

2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

Do I have grounds to seek legal action regarding my termination based on mental health and substance abuse without being offered treatment or even severance?

Charles Candiano
Charles Candiano
answered on Jun 2, 2024

Worker's Compensation is a specialized area of law that only concerns job-related injuries. Your question is more related to employment law. Most people are at-will employees. You may have an employee handbook or union contract that provides additional rights. That said, any physical or... View More

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4 Answers | Asked in Business Law and International Law for Illinois on
Q: Can a US citizen get into trouble for selling pesticides to Canadian customers online if pesticide imports are illegal?

If Canadian laws ban importation and the sell of certain pesticides can a US citizen get in trouble for selling them to Canadian customers?

Michael I. Leonard
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answered on May 4, 2024

Obviously, Canadian authorities could attempt to criminally charge someone for engaging in that type of conduct - assuming of course that it is illegal under its laws. In addition, depending on the facts and circumstances, that same conduct could possibly subject someone to prosecution in the... View More

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1 Answer | Asked in Business Law for Illinois on
Q: Hello,I received bundle of paper from Lifevac Company .

I received bundle of paper from lifevac company and they suit me and claiming i sold their product without their permission, I never sold even single product from Lifevac. my product light bulb spa tube on amazon FBA got their product labels mistakenly and suddenly customers returned it to me and... View More

James L. Arrasmith
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answered on Mar 27, 2024

If you've received a claim from Lifevac regarding the unauthorized sale of their products, it's essential to address this matter promptly and correctly. First, you should gather all relevant documentation, including sales records, inventory lists, and communications with Amazon FBA and... View More

1 Answer | Asked in Tax Law and Business Law for Illinois on
Q: Can I offer a tax write-off form for my book drive customers when specific purchases go directly to charity?

I'm an author and have set up a book drive to benefit two specific, well-known charities. People can purchase the books at a discount from me, and then I will either ship or drive the books to the donation drop-off point. The buyers do not receive any physical items: they are purchasing for... View More

James L. Arrasmith
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answered on Mar 11, 2024

Regarding your questions about offering tax write-offs for your book drive:

1. Offering a tax write-off form to customers:

- As an individual author, you cannot directly offer tax write-off forms to your customers. Only qualified 501(c)(3) charitable organizations can provide donors...
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3 Answers | Asked in Contracts, Business Law, Civil Litigation and Collections for Illinois on
Q: Good morning. What is the penalty for breach of contract?

Our group sold a home health agency to another group. Our contract stated the price and monthly payment schedules. The other group has paid us a downpayment but has since missed monthly payments for over a year now. The other group is insisting that we lower the price from what was agreed upon.... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 8, 2024

In Illinois there is no penalty for breaching a contract. In fact, Illinois law expressly allows a party to breach a contract. However, once a party breaches, it is obligated to make the other side whole. Meaning that the benefit of the contract must still be given to the non-breaching party.... View More

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1 Answer | Asked in Contracts, Business Formation and Business Law for Illinois on
Q: We sold our small business with a promissory note to receive payment after one year. Now they won't pay

The pastor has experienced financial difficulty. They have not filed for bankruptcy, however they have received funding from an investment group. The promissory note reads,This Promissory Note shall become due and payable prior to maturity without presentation, demand, protest or notice of any... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 7, 2024

If a written promissory note, signed by the parties, is not paid when due, then the holder of the note may make demand or commence suit. In your case, if the borrower is not offering some other or new solution, it sounds like it is time to commence suit.

1 Answer | Asked in Consumer Law and Business Law for Illinois on
Q: Is it legal to issue a customer a $500 store credit without a purchase or refund being made?
Tim Akpinar
Tim Akpinar
answered on Jan 16, 2024

An Illinois attorney could advise best, but your question remains open for four weeks. Stores might give such credits as customer appreciation or other reasons. Good luck

1 Answer | Asked in Consumer Law and Business Law for Illinois on
Q: Is it legal for store credit to be issued to a customer for free without a purchase or return being made?
T. Augustus Claus
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answered on Dec 20, 2023

In Illinois, it is generally legal for a store to issue store credit to a customer without requiring a purchase or return. Stores may offer store credit as part of promotions, loyalty programs, or goodwill gestures. However, the specific terms and conditions regarding the issuance of store credit... View More

1 Answer | Asked in Business Law for Illinois on
Q: My current wife and I started a business 13 years ago and it grew real well. Now I have no control over anything

About 1 year ago couple things happened and I made a bad panic decision. I own up to it and this year I kick but trying to reverse the damages. In doing so we or should insaybi was told that if I sign 51% of the business over to her we would get a big tax break cause she would be a minority... View More

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Dec 5, 2023

This is really concerning. Normally, the business accounts should be separate from your personal accounts. So it would be great to clarify with you how many accounts they are and why there are so many for the business.

If your name is associated with the accounts for the business then you...
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1 Answer | Asked in Tax Law, Business Law and International Law for Illinois on
Q: What's the best way to hire a non resident independent contractor working from Costa Rica, Ecuador or Colombia

My husband and I are independent contractors ourselves working in Chicago app b week developers (we both have green cards) and started hiring independent contractors to help with some projects(a little over $2k/year). There are a couple of projects that are coming and will make us have a lot of... View More

James L. Arrasmith
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answered on Nov 19, 2023

Hiring a non-resident independent contractor from countries like Costa Rica, Ecuador, or Colombia involves understanding both U.S. tax implications and the legalities of international contract work. When hiring international contractors, one key form is the W-8BEN, which is used by foreign... View More

1 Answer | Asked in Business Law for Illinois on
Q: My husband has an LLC and I have 2 LLCs. We want them under one roof. Should we put them under one corporation?

It just feels right that way.

James L. Arrasmith
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answered on Nov 8, 2023

Combining multiple LLCs under one corporation can offer streamlined management and potential tax benefits, but it also carries risks, such as shared liability among the businesses. Before deciding, it’s wise to consider the distinct nature of each business, the potential for liability exposure,... View More

2 Answers | Asked in Immigration Law, Business Formation and Business Law for Illinois on
Q: I am in h1b and my Wife is on h4 ead , we would like to start a business. I would like to know if we can establish a LLC

Is it legal and from immigration and tax perspective what are things we need to make sure that we are compliant with law.

T. J. Jesky
T. J. Jesky
answered on Oct 15, 2023

Yes, you can start a LLC in your particular State. The two are not related. In fact, if you lived and were a resident of a foreign country, you can open an LLC in the U.S. You would list yourself and your foregin address, but you would need a resident agent in the State where the LLC is opened.

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1 Answer | Asked in Business Law for Illinois on
Q: Generating leads and pass them on to local contractors to perform work, who'd be liable for work quality or dispute?
T. Augustus Claus
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answered on Sep 26, 2023

In Illinois, liability for work quality or disputes could depend on the contractual arrangement between you, the local contractors, and the clients. Generally, the contractors would be responsible for the quality of the work they perform. However, you might also be exposed to some liability,... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Illinois on
Q: How do I get my money back from someone who tricked me into investing into his businesses. How can I sue?

I was told that I was a partner and would start seeing a return on the investment and was manipulated into giving money. I need to know my options as far as if I can recover some of my money back or if there's any alternatives that would allow me to get out of this business venture.

Gary S. Weiss
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answered on Aug 3, 2023

The facts you stated may give rise to a cause of action for common law fraud and statutory fraud, pursuant to the Illinois Fraud and Deceptive Practices Act. You may be entitled to obtain an award of your actual damages and for the attorney's fees and costs you incur.

You may also...
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2 Answers | Asked in Business Law, Contracts and Employment Law for Illinois on
Q: Employee Non-Competition and Confidential Information Agreement" enforcement.

Back in 2002, I signed a "Employee Non-Competition and Confidential Information Agreement" with my employer, which is a tire dealer. In 2004 I resigned from this company and worked for a another company about 25 miles away from my previous employer that I resigned from. It was also a tire... View More

T. J. Jesky
T. J. Jesky
answered on Apr 16, 2023

Short answer: No. An employer cannot unreasonably stop you from making a living. Generally, if you sign a Employee Non-Competition and Confidential Information Agreement, it is valid for no more than two years. I have yet to hear of any Court enforcing such a document if it states in the... View More

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1 Answer | Asked in Real Estate Law, Business Law and Constitutional Law for Illinois on
Q: I'm a condominium owner in Chicago, IL. I want to publish an association newsletter; am I entitled to association list?

I have published newsletters previously, The previous management company's provided the mailing list. The current management company will not. Am I entitled as a owner, to the home-owner mailing list for that particular purpose?

James L. Arrasmith
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answered on Mar 2, 2023

The answer to this question will depend on the specific rules and regulations of your condominium association. Typically, condominium associations are governed by bylaws and regulations that outline how the association operates, including how information is shared and distributed to unit owners.... View More

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