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Illinois Civil Litigation Questions & Answers
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 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.

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2023

It's unlikely. Lienholders are not treated as insureds or registrants. However, if the car is declared a total loss, the salvage end of the claim can involve the lienholder. Good luck

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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
Gary S. Weiss
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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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

1 Answer | Asked in Civil Litigation, Constitutional Law, Criminal Law and Gov & Administrative Law for Illinois on
Q: I need a a Law Firm that has the resources to help me with a civil suit against states, counties, departments, individu

I won't give much in details on this on this website as I don't trust the law. I don't trust anyone right now because of what I have been through. wrongful imprisonment, defamation, slander, time lost with children, social issues now, maliciously prosecuted. almost 2 years jailed,... View More

James L. Arrasmith
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answered on Mar 2, 2023

Look for firms that have experience with cases similar to yours and have successfully represented clients against government entities, law enforcement agencies, and individuals. You may also want to reach out to local bar associations or legal aid organizations for referrals or resources. It's... View More

1 Answer | Asked in Civil Litigation, Copyright and Education Law for Illinois on
Q: My University is accusing me of plagiarism, but it was public domain and my version of it, am I innocent?

I am a costume designer for our musical, Tintypes. This show features Anna Held as a character, so I found a public domain picture of her in a dress I wanted for the show, and traced it to draw out a rendering. The school is saying it is plagiarized because I traced a picture I didn't take.... View More

James L. Arrasmith
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answered on Feb 25, 2023

The issue of plagiarism can be complex and depends on the specific circumstances of the case. Tracing a public domain image is not necessarily considered plagiarism, but it may still be considered a violation of copyright law if the traced image is substantially similar to the original work.... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: My family received a judgement . But the law firm that was hired is refusing to give the money. What can be done.

The judge order them to payout but they are still refusing. Told the family they dont deserve that amount of money.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 16, 2023

I assume that when you say your family "received" a judgment that you mean that a judgment was entered in your or your family's favor and against some specific defendant or defendants. Obtaining a judgment does not mean that the defendants will voluntarily pay or satisfy the... View More

1 Answer | Asked in Employment Law, Business Law and Civil Litigation for Illinois on
Q: I've been asked to sign a release form, was not explicitly said what I needed to sign or that it had to be notarized.

Know All Men By These Presents, That I/we the undersigned, for the sole and only consideration of One Thousand Seven Hundred and Nine 50/100 (1,709.50) paid to me/us in hand by ABC Corp, the receipt whereof is hereby acknowledged, hereby release and discharge, and by these presents do hereby... View More

T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

It seem like ABC corporation wants to pay you $1,709.50 for a release and discharge for some damaged they caused you. This release is a legally binding agreement used to protect ABC Corporation from having you bring further legal action against them for a number of reasons. They want to close... View More

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for Illinois on
Q: State Agency Rep committed slander and put Red Flag report on person after 40 second phone call.

SBDC office rep was to transfer me to their office manager to go over business plans for services. The Receptionist spoke to me for 40 seconds. After, transferred me. She then continued to file a State police complaint claiming I was a threat to society. Googled my name, saw images of me over... View More

Charles Candiano
Charles Candiano
answered on Nov 23, 2022

You cannot sue a State Agency in Civil Court. You must sue them in the Court of Claims and then only after filing a Tort Claims Notice (usually within 6 months). That is probably a very bad idea for many reasons, including limited recovery and a long wait time to be paid.

The suggestion...
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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 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 Criminal Law, Family Law, Civil Litigation and Legal Malpractice for Illinois on
Q: During a plenary order of protection hearing my attorney failed to present the evidence and witnesses

My attorney obtained subpoenas for the sheriff’s and got a statement that supported my innocence. There was also video to support. However on the day of the hearing she went into another room with opposing counsel and came out telling me there was a warrant for me violating the order of... View More

Clyde Guilamo
Clyde Guilamo
answered on Feb 21, 2023

Hello. I'm sorry to hear that all of that happened to you. Unfortunately, you did not actually include a question to answer. Try re-writing the question.

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Illinois on
Q: If I have proof that my home insurance has violated our contractual agreement who would I need to speak to, to sue them.
Tim Akpinar
Tim Akpinar
answered on Oct 16, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. You could speak with attorneys who handle property & casualty insurance matters. You could also reach out to general civil litigation law firms and ask if homeowners insurance falls under their area of... View More

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