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Illinois Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation for Illinois on
Q: We have been trying to build our house for 2 years and with will county it is impossible?

We have been trying to build our house for over 2 years and will county has been completely incompetent they always have different information and the work they do is incompetent, can we sue them?

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 and Civil Rights 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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2 Answers | Asked in Civil Litigation, Gov & Administrative Law and Public Benefits for Illinois on
Q: Can I be denied access to a public building and it’s services for not having an appointment? They close at 5 it was 1:30

The people at the door of the dmv told me I would have to come back with an appointment. I asked if It was alright if I could do a walk-in they said no because they wanted to get everyone out on time

T. Augustus Claus
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answered on Aug 31, 2023

In Illinois, public buildings like the DMV often have their own procedures for managing visitor access and appointments, it's possible for public institutions to enforce policies that prioritize scheduled appointments to ensure efficient service.

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2 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Illinois on
Q: Can a vehicle lienholder be held liable when the borrower is uninsured and causes a crash?

The uninsured driver hit a bicyclist. Uninsured driver is completely at fault.

Charles Candiano
Charles Candiano
answered on Aug 18, 2023

It is highly unlikely, if not impossible that you would be able to hold a lien holder liable. Any institutional lien holder like a bank, a credit union, Ford Motor credit, etc. requires both liability and collision coverage as a condition of the loan. Therefore if such a driver was uninsured, it... View More

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1 Answer | Asked in Civil Litigation and Criminal Law for Illinois on
Q: Is a search warrant published in public records right away or after it’s served

None

T. Augustus Claus
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answered on Aug 7, 2023

Search warrants are typically not published in public records immediately or before they are served. Search warrants are considered legal documents that are issued by a court and are used by law enforcement to conduct searches in specific locations. The details of a search warrant, including the... 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 Civil Litigation, Collections, Consumer Law and Bankruptcy for Illinois on
Q: Can creditor with default money judgment, find out where I bank, before they file an affvadvit to discover my assets?

I have a creditor ( American express)represented by Law firm, in Illinois cook county whom has a default judgment against me for 8,000. I'm looking for work now. However I heard they do bank levies some times. I use U.S bank, and a creditKarma a no credit required, checking/debit account... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 2, 2023

Yes, there are resources where Creditors can discover bank accounts. And, if they discover your bank accounts, and if you testify to them at an examination, they are likely to levy on the accounts unless you have an agreement with them.

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1 Answer | Asked in Banking, Civil Litigation, Collections and Consumer Law for Illinois on
Q: Can creditors in illinois, whom have a judgment against me, find my bank accounts through my credit report?

I have a money judgment against from midland for $4000. The case is over, and the court gave them a DEFAULT JUDGMENT. This happend in cook county circuit court. This happened in June 2023. I'm not working now. Midland has not yet filed a citation to discover assets in court, yet.. I... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 31, 2023

Bank accounts do not generally show in credit reports, only credit cards.

2 Answers | Asked in Civil Litigation, Collections, Bankruptcy and Consumer Law for Illinois on
Q: Can my uber (1099 )wages be garnished by a creditor? I have default judgment for 9,000 in chicago IL, court.
Joel Gary Selik
Joel Gary Selik
answered on Jul 23, 2023

garnish, no. Levy yes. The difference is they can only get what you were due at the time of the Levy, not what you may be due in the future.

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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Litigation and Small Claims for Illinois on
Q: My ex and teenage daughter took my cat (she says it's hers). How do I start the process of getting my cat back?

It happened when I was out of town, so they sneaked over. Totally out of character for my daughter, but I'm not surprised my ex was involved and driving the getaway vehicle!

Jeffrey Li
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Jeffrey Li
answered on Jul 8, 2023

As pets are considered property in IL, you should start with filing a police report. Then to regain the property, you will have to file the matter in court against your ex and your daughter.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Illinois on
Q: My son is not renewing a lease. The roommate is renewing but refuses to pay my son his rightful half of the deposit.

My son is renting an apartment with one roommate. The lease they both signed includes a $995 deposit which they each paid half $477.50. The lease ends May 31, 2023. My son is going to move out May 31. His roommate has decided to stay in the apartment and resign the lease with my sons name deleted... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 31, 2023

Sorry to hear about your son's situation. Consulting an attorney on this may not be worth the money unless your son wants to prove a point or he can find a low flat rate for the legal work.

Your son should consider the following:

(1) Review the lease and document: Carefully...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Illinois on
Q: Do I have the right to change the locks or deny access to the house for items?

My long term girlfriend 3 1/2 years moved out after cheating and moving in with a married couple around 2 hours away. Everything in the home including title work, hills, etc is all in my name. She does get some mail and bills of her own at the address. After a long period of lying and deception,... View More

James G. Ahlberg
James G. Ahlberg
answered on Apr 17, 2023

While you have no right to keep her personal property, you have the right to impose reasonable conditions on how she gets it back. That includes requiring the items be recovered while you are present. If your assessment of her as a liar is accurate, be sure you have a friend with you when she is in... View More

1 Answer | Asked in Banking, Civil Litigation, Contracts and Bankruptcy for Illinois on
Q: Can I say I’m going in to bankruptcy during a judgement
James L. Arrasmith
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answered on Mar 2, 2023

Yes, you can declare bankruptcy during a judgement. Filing for bankruptcy can stop or delay the enforcement of a judgment against you, as well as discharge or reduce certain debts. However, it is important to note that there are different types of bankruptcy, and not all debts can be discharged or... View More

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