Illinois Questions & Answers

Q: If I cancel after minimum notice period in contract, am I liable to pay vendor for services not performed?

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for Illinois on
Answered on Mar 23, 2017

Whether you would be required to pay for services not received is dependent on the terms of the contract. There is a principle of law called unjust enrichment where a party receives a windfall or is unjustly enriched. However, if the contract is specific and enforceable, you could be held liable. You would be well-served to have an experience attorney carefully review the contract you refer to and get an opinion on what your exposure to liability might be.
View Details »

Q: Married 21 years & divorce in June of 1999. X passed April 20, 2016. Name Fidelity Beneficiary. Fidelity states not.

1 Answer | Asked in Divorce for Illinois on
Answered on Mar 23, 2017

Your question, as it reads, cannot be properly answered in this Forum. Consult with an attorney in person and tell him or her ALL of the facts of your situation, and give the lawyer the benefit of reading your Judgment for Dissolution.
View Details »

Q: In Illinois how do I sue a school for intimidation, harassment & discrimination?

1 Answer | Asked in Civil Rights, Constitutional Law, Education Law and Small Claims for Illinois on
Answered on Mar 23, 2017

It is certainly a challenge, particularly if it is a school funded by any state or local government. I would recommend consulting with an attorney individually for a consultation if you truly believe the school is liable to you for damages.
View Details »

Q: Hello, my ex wife is threatening to take me back to court to enforce college expenses,

1 Answer | Asked in Divorce and Child Support for Illinois on
Answered on Mar 23, 2017

There are many factors to consider when determining each parent's obligation to contribute to college expenses, and these are best discussed, in person, with an attorney who can learn all of the facts of your particular situation. However, to answer just the questions you asked, full discovery is allowed in these cases. If you had remarried, they could look at your new wife's income and financial wherewithal to determine how much you should pay. You have not remarried, so your girlfriend's...
View Details »

Q: Out of state speeding ticket with suspension in that state

1 Answer | Asked in Traffic Tickets for Illinois on
Answered on Mar 23, 2017

Hello Asker,

The technical answer is yes. I say technical because any suspension in one state can and should trigger a suspension in another state. In practice, from time to time, these suspensions don't make it across the national database and some people get lucky and aren't suspended. With that said, you have two things you MUST do.

First, update your address with the secretary of state to ensure you will be getting mail of any pending suspensions so you can avoid driving...
View Details »

Q: Hello! My son had 2 speeding tickets. 1st one is paid & took class. 2nd one was due yesterday. He can pay tomorrow!

1 Answer | Asked in Traffic Tickets for Illinois on
Answered on Mar 23, 2017

Hello Asker,

First, don't worry. If it is a ticket for which he CAN pay a fine to resolve it, he has no risk of jail. Jailable speeding offenses MUST be 26 or more mph over the limit. If he wasn't speeding that fast, he has no risk of jail. That said, I would HIGHLY advise he not pay the ticket as you are planning.

As a standing policy, many state's attorney's offices REFUSE to give court supervision (the traffic school route that keeps the ticket from affecting your rates...
View Details »

Q: 16 and my first ticket for a minor fenderbender. Dad payed to fix the person I hit. Lady won't be in court. Should I go?

1 Answer | Asked in Traffic Tickets for Illinois on
Answered on Mar 23, 2017

Hello Asker,

You should absolutely be in court. I would highly recommend you do not plead guilty. If you plead guilty, it can be used as a basis for determining you were at fault should she sue you for the damages. Since you paid out of pocket, the money you paid her may not be documented. As such, she could, if she were particularly dishonest, seek to sue you for the money you already paid her.

With that said, you don't want to plead guilty. Outside of Cook and DuPage...
View Details »

Q: In Illinois is it legal to wear a body camera in a school with the intent to stop bullying? I am at a private highschool

1 Answer | Asked in Education Law and Juvenile Law for Illinois on
Answered on Mar 22, 2017

The rules are whatever the school says. Ask them.
View Details »

Q: I have question about my ex girlfriend breaking court order rules and being unstable

1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Answered on Mar 22, 2017

Your ex is presumed to have your child's best interest in mind. So u probably cannot do anything about that. But if u r getting harassed by her, you might be able to get a no stalking order.
View Details »

Q: If my 2 yrs old was in a car wreck and it was the other ppl fault but i think they are going to sue the ppl at fault

1 Answer | Asked in Car Accidents for Illinois on
Answered on Mar 22, 2017

The answer to you questions depend on a variety of factors that are not provided. Since your two year old son is a minor, the check will be issued to his legal guardian. Assuming you are his legal guardian, the check should be issued to you. I would recommend asking your attorney for further clarification. If you do not have an attorney and you have not yet settled the matter, you should get an attorney immediately.
View Details »

Q: IMy divorce was finalized in Will Co Il Oct 2016 and my spousal maintenance was based on him being in assisted living

1 Answer | Asked in Divorce for Illinois on
Answered on Mar 22, 2017

Run, don't walk, to an experienced divorce attorney in Will County and explain your situation to him or her. You may be able to establish fraud and, perhaps, get relief.
View Details »

Q: RE: -750 ILCS 5/530(d)1...Is it true no judge factors this into a settlement? That is what current counsel tells me

2 Answers | Asked in Divorce and Family Law for Illinois on
Answered on Mar 22, 2017

If u have a lawyer u r not satisfied with, u should get another one.
View Details »

Q: Can I move to another state without telling my baby's dad (ex-boyfriend) if he has no current custody of her?

1 Answer | Asked in Family Law and Child Custody for Illinois on
Answered on Mar 22, 2017

It is better for u to file if u don't want to come back. He can file and the judge could make u come back if u leave.
View Details »

Q: I have an open civil lawsuit against previous employer, if a settlement comes from it, is that divisible in a divorce?

2 Answers | Asked in Divorce for Illinois on
Answered on Mar 22, 2017

Yes, just like personal injury and worker's comp cases, all property acquired during the marriage is subject to division.
View Details »

Q: We would like to get a legal separation but cannot afford to live in different residences at this time. Illinois

1 Answer | Asked in Divorce for Illinois on
Answered on Mar 21, 2017

Under the new law in Illinois, you do not have to be separated at all unless one party does not want the divorce. In this situation, a separation of six months is required to establish irreconcilable differences.
View Details »

Q: In Illinois can you sue a minor for defamation

1 Answer | Asked in Libel & Slander and Personal Injury for Illinois on
Answered on Mar 21, 2017

It is possible, but your chances of success depend on very specific facts that are not provided here. Further, even if you can prove defamation and actual damages, recovering is a different story. I would recommend organizing all information relevant to this situation, and consult with an attorney individually.
View Details »

Q: I got into an car accident and the other driver(at fault) insurance is avoiding me. What can I do?

2 Answers | Asked in Car Accidents for Illinois on
Answered on Mar 21, 2017

This is unfortunately a common occurrence that must be rectified by consulting with an experienced attorney. Did you sustain injuries as a result of the accident? If so, seek medical attention immediately. Next, consult with a personal injury attorney. A knowledgeable personal injury attorney will demand answers and will assist you in all aspects of the recovery process. In addition, many of us offer free consultations and will take your case on a contingent basis, so it will not cost you...
View Details »

Q: I got into an car accident and the other driver(at fault) insurance is avoiding me. What can I do?

1 Answer | Asked in Car Accidents for Illinois on
Answered on Mar 21, 2017

This is unfortunately a common occurrence that must be rectified by consulting with an experienced attorney. Did you sustain injuries as a result of the accident? If so, seek medical attention immediately. Next, consult with a personal injury attorney. A knowledgeable personal injury attorney will demand answers and will assist you in all aspects of the recovery process. In addition, many of us offer free consultations and will take your case on a contingent basis, so it will not cost you...
View Details »

Q: what legal rights do I have if my 16 yr old keeps stealing from me

1 Answer | Asked in Family Law for Illinois on
Answered on Mar 19, 2017

call the police and stick with the charges.
View Details »

Q: My mother acquired a staph infection during a hospital stay - what is the hospital's obligation here?

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Mar 19, 2017

Hospital-borne infections has become a kind of national epidemic in some locales. The obligation of the hospital is to identify, diagnose and treat the infection. If you're asking is the contracting of a staph infection in a hospital by itself an actionable medical malpractice case, the answer is most times "no."
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.