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Illinois Questions & Answers
1 Answer | Asked in Domestic Violence for Illinois on
Q: What do you call it when someone has a restraining order against someone but you guys can legally talk?

Domestic

Juan Ooink
Juan Ooink answered on Nov 24, 2020

What? Not really sure what you are asking here. There are a few types of Orders of Protections. If it is not a complete stay away OP, the parties can typically speak to each other.

2 Answers | Asked in Employment Law for Illinois on
Q: Can my district manager force me to pay my own money to make up for lost wages of another employee?

I work at a franchise of Dominos as the General Manager. One of my associates did not properly clock his hours last payroll resulting in no paycheck on friday. my district manager (my boss) says there is no other way to get him his money besides me paying from my own pocket. They take my bonuses... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on Nov 23, 2020

No. Not only is it unfair, but it is illegal.

The Illinois Department of Labor has offered the following FAQ on this topic:

Can my employer take money out of my wages to cover cash register shortages or damages to the employer's equipment/property?

No, an employer...
Read more »

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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Illinois on
Q: My landlord says that he can charge a pet deposit and monthly fees for my emotional support animal. Is this true in Il?
Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 23, 2020

No. It is not. It’s covered by the FHA which is a federal law.

2 Answers | Asked in Traffic Tickets for Illinois on
Q: My 16 year old daughter has had her license for 9 months. She received a speeding ticket for 70 in a 45.

The ticket is checked with "No court appearance necessary". Does she just pay it? Can she still drive? Should she still drive? Should we go to court? We really are not sure what to do. Help!!

Thank you so much.

Brandon K. Davis
Brandon K. Davis answered on Nov 23, 2020

Do not pay it as that will result in a conviction on her record. It is best to appear in court and, at a minimum, request court supervision. An attorney can assist if you would like more guidance. She can still drive with the ticket pending but that is up to you.

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2 Answers | Asked in Divorce for Illinois on
Q: I live in Naperville, Illinois and want to divorce my wife. What is the total process, do I need to stay in Illinois

When do we start the divorce start date, when were last intimate or when we talked about it last oct 20th

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 23, 2020

Neither of the two criteria you mentioned has any bearing on the divorce "start date". The total process is too lengthy to explain in this forum. Whether you have to stay in IL depends on some facts that you have not provided, e.g., are children involved? Are you willing to return to IL... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: Does the aggravated speed violation have an effect on immigration, asylum pending application?

Even after reducing the misdemeanor to a petty offense

Robert Roy Klein
Robert Roy Klein answered on Nov 22, 2020

No, a misdemeanor nor a petty offense will not have any effect on your asylum. However, the USCIS officer (or judge if in court) will ask about it, so bring any documents you have that show what happened and that it was reduced.

2 Answers | Asked in Traffic Tickets for Illinois on
Q: Consequences for 16 year old pulled over for going 15 over limit?

My son (16) was ticketed for going 15 over the limit (50 in a 35) and also another ticket for not having his insurance in the car. He has insurance and was issued a court date and must appear. What possible consequences can he face? Does he plead guilty or no? What are some possible things he can... Read more »

Brandon K. Davis
Brandon K. Davis answered on Nov 21, 2020

Presumably, this is his first ticket. If so, the prosecutor may be willing to offer a deferred prosecution for a dismissal or court supervision with a traffic school course to prevent this from counting against his driving privileges (and insurance). That depends on a few factors including the... Read more »

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1 Answer | Asked in Business Law, Contracts and Real Estate Law for Illinois on
Q: How much would it cost for someone to review a lease agreement for me and help me understand my rights and conditions?

This is a lease agreement with a Landlord for a Small Business. It would be great if someone can do this for free. I am having a hard time understanding a few items in the contract.

T. J. Jesky
T. J. Jesky answered on Nov 20, 2020

This is a good question, but the answer depends on a number of factors. For example, is this a residential or commercial lease? What is the length of the lease? How long is the lease period and what is the rent? A commercial lease is much more complex than a residential lease.

I...
Read more »

2 Answers | Asked in Traffic Tickets for Illinois on
Q: Hi, I got a citation speeding ticket from the West Virginia State police . Speeding 104mph on a 70mph.

However I wasn’t speeding that much. I was going I was going between 85/90/95 then reduced my speed. And when he pulled me over he said he was following me for an hour but why didn’t you pulled me over at some point then ?! I just don’t know what to do cause I got my ticket out of state (West... Read more »

Brandon K. Davis
Brandon K. Davis answered on Nov 20, 2020

In Illinois, this would be charged as a misdemeanor (criminal) offense. However, laws change from state to state. You should contact an attorney in West Virginia to discuss the specifics, your options, and determine the best strategy moving forward.

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1 Answer | Asked in Criminal Law for Illinois on
Q: If Issued a fta while incarcerated in a different county will it be dropped when you appear before a judge?
Juan Ooink
Juan Ooink answered on Nov 19, 2020

It is likely the failure to appear was accompanied by a warrant. The bigger issue is the warrant. This is something you should be discussing with your attorney. Only your attorney will have to the needed information in order to address this concern. If you have not hired an attorney yet, you need... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: A sale was conducted, the deed was recorded, but

1) transfer taxes were not paid

2) transfer stamps not on the filed deed document

3) purchaser's signature not on the document.

Is the sale valid or is it void?

Erik K Jacobs
Erik K Jacobs answered on Nov 19, 2020

Generally the County Recorder will not record a deed without transfer taxes. However, there are a number of situations where a transaction may be exempt from having to pay transfer taxes. See 35 ILCS 200/31-45(a). Several municipalities also have transfer tax ordinances which require a tax to be... Read more »

1 Answer | Asked in Foreclosure, Probate and Small Claims for Illinois on
Q: How to get letter of administration?
Erik K Jacobs
Erik K Jacobs answered on Nov 19, 2020

In order to receive Letters of Administration, you must first open a Probate Estate. I'm assuming that the decedent did not have a will, so you will be opening an intestate estate. You will need to provide an Affidavit of Heirship, an Oath and Bond, a Petition to Probate the Intestate Estate... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: How do I go about filing for a separation and receive spousal support.
Martin A. Delaney III
Martin A. Delaney III answered on Nov 19, 2020

We will be happy to represent you, please 847-705-8000.

1 Answer | Asked in Family Law for Illinois on
Q: What are the criteria to move out of your parents home without consent at 18 years of age? (In Illinois)

Side question, if I am unable to fully move out of the home, would I be able to just walk out and sleep at a friend's house occasionally?

The real question would be....

What are my limitations as an 18-year-old with a job that only pays 50 per day?

Would moving out be... Read more »

James G. Ahlberg
James G. Ahlberg answered on Nov 18, 2020

You are not considered an adult until you either reach 18 years of age or are emancipated (declared to have the rights of an adult) through a court proceeding. The main requirements of emancipation are that your parents must agree to it and you must be immediately able to support yourself living... Read more »

2 Answers | Asked in Traffic Tickets for Illinois on
Q: My traffic case was dismissed in Chicago via Zoom. I’ve been waiting months for my license to be mailed. How long it ta?
Brandon K. Davis
Brandon K. Davis answered on Nov 18, 2020

It should be mailed to the address on your license, but that doesn’t always happen,

especially due to their limited staff and constantly changing procedures due to Covid. You can go in person to the Clerk’s Office at 50 W Washington or consider it lost/destroyed and request a duplicate...
Read more »

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: Will my girlfriend be convicted of violating scott's law?

My girlfriend was ticketed for speeding on June 2020 and had to pay a fine and court supervision. Comes November 2020 and she got pulled over for violating Scott's law. She saw the lights flashing behind her, she slowed down but couldn't move over to the other lane since it wasn't... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Nov 18, 2020

In Sangamon County the state won’t offer supervision but if she requests it the judge will probably grant it. Fine is usually $310.

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: i’m 16 and i was going 70 in a 45 after curfew got two tickets and i have had my liscense for less than a month

i’m a grade A student, will i loose my liscense for a year ? this is my first offense. this was in carol stream IL

Brandon K. Davis
Brandon K. Davis answered on Nov 17, 2020

The Secretary of State can suspend your license for a single conviction at your age. Sometimes a traffic school course or community service may be imposed to prevent a conviction and license suspension. It must be handled properly in court. Your parents may want to consult with an attorney to... Read more »

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1 Answer | Asked in Estate Planning, Banking and Probate for Illinois on
Q: RE: illinois unclaimed property of my deceased 2012 mother.

My mother's name is on the Illinois unclaimed property list, by my neglect and procrastination. Must I go through the State of Illinois/Cook County, where she resided and died, to claim this property? I would prefer to go back to the sources (Chase checking account on which I am joint holder;... Read more »

Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

In most states once assets are escheated (turned over) to the state, that is your exclusive way to recover those assets. You must go to the state as the holders of these assets have turned them over to the state. If your state is anything like PA, this process is very detailed, complex and time... Read more »

3 Answers | Asked in Bankruptcy for Illinois on
Q: I have several unsecured debts, will it be a problem if I payoff a 2 debts 6 months prior to filing Ch 7?

I have 2 lawsuits which is the reason why I want to payoff those 2 debts because I cannot file Ch. 7 till June of 2021.

Because I will start to pay full alimony to my ex-wife starting December 1st 2020 which will bring net income to almost zero, that is why in June 2021 I will file Ch.7.

Robert J. Semrad
Robert J. Semrad answered on Nov 17, 2020

Hello,

If you would like to receive a free phone consultation with an attorney please call us at 773-654-4518.

Thank you

DebtStoppers

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1 Answer | Asked in Identity Theft and Securities Law for Illinois on
Q: SSN Fraud

Hi, good night I have a question and would like to know something about a problem with a friend, which is that a friend thinks of getting a fake SSN and green card for work purpose but he thinks of changing his name and birthday but he had a picture with a fake green card and I would like to know... Read more »

T. J. Jesky
T. J. Jesky answered on Nov 17, 2020

First, I hope your friend is not you. Of course this is fraud. Yes, if caught this would adversely affect his immigration status. And, if this is really a friend, and not you, you may be an accomplice to this fraud. Don't do it!

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