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Illinois Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation, Collections and Employment Law for Illinois on
Q: Can my employer choose to ignore IL min. wage when calculating a garnishment because the creditor only stated federal?

The employer keeps referring to a copy of the garnishment order from the creditor as opposed to the court provided answer to citation form. They are claiming to take the lesser of 15% gross or the difference between net and 45hrs of Federal minimum wage. When I've provided copies of the answer... View More

0 Answers | Asked in Civil Litigation, Contracts, Employment Discrimination and Employment Law for Illinois on
Q: Continued right to arbitrate employment law infringement after EEOC 90 day right to sue has elapsed?

I have question pertaining to employment law. I signed an arbitration agreement as a condition of employment. Later on, I was discriminated against on grounds infringing my Title 7 rights. I submitted a charge of discrimination with the EEOC, and they've just given me the right to sue in... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Legal Malpractice for Illinois on
Q: Does an attorney have to correspond and communicate with a third party non attorney?

If opposing counsel is pro se with a durable power of attorney instrument (which grants specific powers to the agent to explicitly handle, discuss, manage, and correspond on behalf of the principal) is the opposing attorney required to correspond with the POA the same as he would the principal?... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex legal question that touches on several areas of law and professional ethics. Let me break down the key points:

1. Generally, attorneys are not required to communicate with third parties who are not attorneys or their clients. However, there are exceptions.

2. When...
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0 Answers | Asked in Civil Litigation for Illinois on
Q: Are attorneys obligated to produce records and or information to opposing counsel, after discovery, but before trial?

Some Context… I terminated my attorney, and as pro se, (plaintiff) I have requested information and records from (defendant) the opposing counsel as to the negotiations and prior correspondences between themselves and my prior attorneys.

0 Answers | Asked in Personal Injury, Civil Litigation, Small Claims and Wrongful Death for Illinois on
Q: Hello, Does every attorney that presents on a case before the court have to file an individual appearance?

Hello,

My Question: If a law firm files an appearance and list two attorneys on the appearance, Can a new attorney for the same firm, present to the court without filing an additional appearance?

Ex: attorney X represents Client A, X law firm files an appearance for his firm,... View More

1 Answer | Asked in Civil Litigation and Car Accidents for Illinois on
Q: What can I do?

On May 4 2024 I was in an accident. While at a stop light a vehicle hit me from behind, causing a chain reaction resulting in a 5 car accident. Luckily my daughter and I were not injured. My car sustained front end and rear end damages. The at fault driver was cited for texting while driving and... View More

Tim Akpinar
Tim Akpinar
answered on May 23, 2024

An Illinois attorney could advise best, but your question remains open for a week. Your post requests a local attorney to assist you on a PD claim. Attorneys here can't offer their services - there is no soliciting. You'd need to reach out to attorneys on your own. In addition to your own... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: Can judges create their own laws out of thin air?

What statute, precedent, or lawful means allows a judge in a Conversion of Property lawsuit to limit Plaintiff’s claim to only one day, with six additional restrictions?

The Judge has ordered that only the following items are allowed in the litigation:

(1) Items that were... View More

John Michael Frick
John Michael Frick
answered on May 2, 2024

Typically, in a lawsuit, there is a process called discovery in which the parties are required to disclose information, answer written questions, produce documents, and give depositions concerning the facts and contentions in a case. A party who does not comply with her discovery obligations... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: If I was at a mental hospital during my hearing date for an order of protection would that help to get it dropped?

Me and my parents are separating ourselves, permanently. They were supporting me, and we're going through process of cutting our financial ties. Once that was mostly finished the family lawyer I was talking to dropped an order of protection on me. I sent them a bunch of angry messages, while... View More

Cheryl Powell
Cheryl Powell
answered on Apr 10, 2024

MAYBE. It depends how long ago this happened, were you served with the papers before or during hospital, will your Dr state that you were in such a mental state from mental illness or meds as to not be responsible for not showing up, etc.

Get all your papers together and go see a good...
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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Illinois on
Q: Falsely accused by a Meijer loss prevention employee of allegedly producing can of mace and displaying knife

On January 12, of 2021, a Meijer loss prevention employee (Miles) at the Michigan City Meijer store falsely accused me of producing a can of mace, loudly threatening her and displaying and pointing a knife in her direction. The Meijer surveillance footage shows that "the male subject"... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, it seems that you were wrongfully accused and charged with a serious crime (armed robbery with a deadly weapon) by a Meijer loss prevention employee, despite evidence from surveillance footage showing that you did not produce mace or display a knife as alleged. As... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: I have a judgement against me so can I be forced to sell my home if my homes equity is less than the judgement amount
Bryan R. Bagdady
Bryan R. Bagdady
answered on Mar 6, 2024

The answer to your question is not dependent upon a comparison of the equity to the judgment. Rather, you need to identify what part of your equity is exempt. In Illinois, a homeowner has a $15,000 exemption for the equity in their home. Double that for a married couple. If the equity exceeds the... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: I live in Illinois. My sister bought a vehicle in her name for a friend.

I live in Illinois. My sister bought a vehicle in her name for a friend. The friends credit wasn’t enough to be put on the loan. The car and license is in her name only. They had a verbal agreement that he would pay her 5k, as a thank you, to help him get a vehicle. He would pay the down payment... View More

James L. Arrasmith
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answered on Feb 25, 2024

In Illinois, if the vehicle is in your sister's name, legally she is the owner, and the verbal agreement with her friend complicates but does not override that fact. The first step is to communicate with the friend, if possible, to resolve the situation amicably. Given that the friend refuses... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: Can a tow company tow a vehicle away with out the owner being present and giving consent for them to tow it?
James L. Arrasmith
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answered on Feb 23, 2024

In most cases, a tow company cannot legally tow a vehicle without the owner's consent or authorization. Typically, tow companies are required to have proper authorization from the vehicle owner or law enforcement before towing a vehicle. However, there are exceptions to this rule, such as when... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Family Law for Illinois on
Q: can a school withhold a parent from picking up student during seperation if there is no court custody paperwork filed

wife and i was seperating but no agreement for custody had been filed with the courts. the address for the student was still listed as the common address on students records. they only went off what she told them but still denied me the right to pick him up

James L. Arrasmith
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answered on Feb 24, 2024

If there is no court custody paperwork filed, the school may not have legal grounds to withhold a parent from picking up their student during a separation. However, schools often prioritize the safety and well-being of the child, so they may request clarification or documentation from both parents... View More

1 Answer | Asked in Civil Litigation and Collections for Illinois on
Q: I pawned a diamond ring at a pawn shop and made a few payments on it 12 years ago. Can I be sued now for the balance?

They’re claiming the debt was sold and they’re trying to collect now, but won’t provide me with documentation.

T. Augustus Claus
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answered on Jan 18, 2024

In Illinois, the statute of limitations for written contracts, including debts arising from pawn transactions, is generally 10 years. If you pawned a diamond ring and made payments on it 12 years ago, it's possible that the statute of limitations has expired, and the debt may be time-barred.... View More

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 Criminal Law, Civil Litigation and Civil Rights for Illinois on
Q: I’m am looking to see who can I find to look into his case as he was falsely accused has been there for 29yrs
James L. Arrasmith
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answered on Jan 5, 2024

For your friend who has been in prison for 29 years on what you believe to be false charges, seeking legal assistance is crucial. Start by looking for an attorney experienced in criminal defense, particularly one who has handled wrongful conviction cases. These attorneys are skilled in reviewing... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Illinois on
Q: I have a friend who was falsely imprisoned he has been there for 29yrs charged with murder by corruption police officers

I’m am looking to see who can I find to look into his case as he was falsely accused has been there for 29yrs

James L. Arrasmith
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answered on Jan 5, 2024

For your friend who has been imprisoned for 29 years on a murder charge he claims is false, the first step is to seek legal assistance from an attorney experienced in criminal defense and wrongful convictions. It's important to find a lawyer who has handled similar cases and is familiar with... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Illinois on
Q: Recently diagnosed with major depression/general anxiety. Previously victimized in documented violent crime.

After obtaining PTSD during violent crime , I carried on without treatment with self medication. I received a 10 year sentence without legal representation or psychological evaluation.

James L. Arrasmith
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answered on Dec 27, 2023

In Illinois, if you were sentenced to a 10-year term without legal representation or a psychological evaluation, especially considering your mental health conditions stemming from a violent crime, there are several steps you can take. First, it's important to seek legal representation... View More

3 Answers | Asked in Civil Litigation, Family Law, Arbitration / Mediation Law and Child Custody for Illinois on
Q: Can an agency be sued? For making untrue statements about oneself. children and grandchildren?

Paxton, Champaign and Urbana, Illinois.

Cheryl Powell
Cheryl Powell
answered on Sep 15, 2023

If the statements were made under oath, the persons making same could be charged with perjury. However, if they make same in dcfs reports or some such thing, they are not under oath and many things are a matter of opinion.

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