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Illinois Civil Litigation Questions & Answers
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,... Read 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... Read 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... Read 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,... Read 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... Read 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.... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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...
Read more »

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... Read more »

1 Answer | Asked in Civil Litigation and Municipal Law for Illinois on
Q: In a municipal case in Illinois court outside of Chicago can I use case law from Wisconsin that is similar to help my ca

It is a civil / municipal case where the village did along with the police department a total seizure of our house our property they made our car disappear our two dogs our two cats. They had the police illegally remove 2,175 plus items of our personal belongings from the house and they will not... Read more »

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2022

The short answer is: Yes. If you cannot find a case on point in Illinois and the Wisconsin case is on point, most judges (and it is up to the judge) to allow you to reference another State. Frequently, in Judge rulings if they cannot find applicable Illinois case law, they will cite case law... Read more »

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Domestic Violence for Illinois on
Q: How do I submit or produce videos at my court trial? What are the rules of evidence to get them in?

How do I submit or produce videos at my court trial?

I have a small claims trial coming up and I would like to know how or what are the rules of evidence to get videos I would like to show the judge in my case.

I have put them in for discovery so the other party does have a copy.... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

No attorney will guide you online how to practice law without an ability to supervise and monitor your actions as that would amount to malpractice.

Either seek guidance from requisite legal sources how to admit evidence in court or seek counsel.

1 Answer | Asked in Personal Injury and Civil Litigation for Illinois on
Q: What are considered disrespectful attorney acts in context of failing to answer a complaint timely?

Illinois appeals cases for default judgements based on untimely answers have generally cut slack to the untimely Defendant it appears. However it does add a caveat that the attorney cannot be disrespectful in doing so.

Is not the fact that the attorney failed in a case to file answer until... Read more »

Charles Candiano
Charles Candiano
answered on Jun 9, 2022

I'm not really certain as to what you are asking. If you are the client and a default judgment was entered against you, the only aspect of the attorney's conduct that would ever be examined is whether the attorney was able to vacate the default judgment. So long as that is accomplished,... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Illinois on
Q: who enforces (765 ILCS 160/) Common Interest Community Association Act when the declaration and covenants aren't honored

I'm the adjacent property to a townhome association and they do not honor their obligations stated in their declaration. Specifically the sections that refer to my property being the Dominant Tenement and various zoning and municipal code ordinances that has actually caused serious damage to... Read more »

Frederick A. Lurie
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Frederick A. Lurie
answered on Apr 26, 2022

You provide only general information so one can only provide a general answer. No neither you nor the police can force the Association to furnish you with its insurance policy unless you file suit for property damage, violation of an easement or whatever wrong has been committed. The declaration is... Read more »

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... Read 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 Civil Rights, Criminal Law, Civil Litigation and Federal Crimes for Illinois on
Q: I would like to file a civil lawsuit against someone for money that was borrowed, fraud, and emotional distress.

I am from Illinois but the individual has moved to New York. The amount is over $10,000. I am currently in litigation with this person for a different matter. If I file a civil suit, would I be able to serve him during our upcoming family court hearing (it's via Zoom)? We both have attorneys.... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

You are represented by a licensed counsel and it would be improper to suggest any course of action remotely without any case familiarity or case review by anyone.

Q: Can a coworker obtain a no contact stalking order and us continue to work at the same company, or do I have to quit?

A coworker filed a petition for a no contact stalking, alleging that I have harassed and intimidated them while at work, damaged their property. Coworker has never mention these allegations to our supervisor/HR dept., never made them aware that they were filing a petition. Coworker did not aware... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

It appears that you may have to retain counsel to protect your legal interests with respect to that no contact petition that will affect your employment directly.

1 Answer | Asked in Civil Litigation and Construction Law for Illinois on
Q: Is it possible to hire an attorney in the middle of a litigation if I am representing myself currently?

I am looking for an attorney to help me with a mandatory arbitration. I had a terrible experience with a law firm. We parted ways. I would like to find someone experienced in construction law as we are in the middle of our process. Any help would be appreciated. Thank you

Robert Shipley
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Robert Shipley
answered on Mar 8, 2022

My office handles construction disputes. I would be happy to discuss. I can be reached directly at 312-527-4545.

Thank you.

2 Answers | Asked in Personal Injury, Employment Law and Civil Litigation for Illinois on
Q: Illinois removal from federal court

I am a plaintiff in a case in which the defendant removed the case from state to federal court. It has now been remanded back to state court. Defendants filed a motion to dismiss in fed court which wasnt resolved. Defendants are now seeking to dismiss case in state court based upon the motion to... Read more »

Robert D. Kreisman
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Robert D. Kreisman
answered on Feb 26, 2022

I believe that once the federal court is divested of jurisdiction and thus any authority over the pending case, that the motion to dismiss filed in federal court would have to be filed in the state proceeding to heard. That seems to be the case where although the motion to dismiss was filed in the... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Illinois on
Q: My landlord is saying because of 735 ILCS 5, I had to give 30 days notice before my 12 month lease ended

My 12 month lease ends the 28th of February. It is very clearly stated and there is no clause in my lease stating I need to give notice 30 days prior. I gave 29 days notice and now my landlord is fighting me and saying I have to stay and pay March rent

Ana M. McNamara
Ana M. McNamara
answered on Feb 11, 2022

The statute you quoted is incomplete. It should read 735 ILCS 5/ ___ and a number after the slash in order to point to a relevant section of the statute that your landlord is reading. At any rate, you are not required to give thirty days notice unless it specifically states so in your lease.... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Social Security for Illinois on
Q: I'm on SSI Disability can I be garnished by a collection agency about a credit card that I've been unable to pay on?

It's a collection agency who is taking me to court tomorrow via a zoom call. I've not been able to pay on it due to everything going up in price and I live on a very low income and am behind on my water bill and several other bills. I was behind on rent until just recently, over a year... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 26, 2022

Your inability to pay does not stop the entry of judgment. If there is already a judgment and you are up on a post judgment citation or garnishment, you should read and be aware of the exemption provisions of the post judgment code of civil procedure. Specifically, 735 ILCS5/2-1402 states at (b)(1)... Read more »

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Illinois on
Q: Can you sue an affair partner for emotion distress?

My husband and I are married and not legally separated. I have proof of his affair and I am interested in suing the affair partner for emotional distress.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Dec 7, 2021

No, not any longer. The lawsuit you are referring to is Alienation of Affection, and it was repealed in IL.

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