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Illinois Questions & Answers
1 Answer | Asked in Traffic Tickets and Small Claims for Illinois on
Q: If I contest a red light camera by mail and lose and been struggling financially could I sue the city in small claims ?

Read factual news that state officials have banned red light cameras but some cities still use the corrupt program

Juan Ooink
Juan Ooink answered on Sep 25, 2020

You can sue anyone at anytime for anything, but that does not mean you will be successful.

1 Answer | Asked in Civil Litigation for Illinois on
Q: I hired a general contractor to do a small home remodeling job. They did a terrible job and wanted more money to finish.

I fired them and hired someone else to fix everything and finish the job. I am paying almost the same amount to fix the problems and finish. I called and asked for a reasonable refund but now no one is returning my calls. What are my options for getting some or all of my money back from the... Read more »

Robert Shipley
Robert Shipley answered on Sep 24, 2020

Your description suggests that the amount you paid the subsequent contractor to correct the defective workmanship was an amount equal to or greater than what was paid to the original contractor. In such instance, you can sue the original contractor for the dollar value of what was paid to the... Read more »

2 Answers | Asked in Traffic Tickets for Illinois on
Q: Last weekend, I received my first ever traffic tickets.

One ticket was Driving Over Statutory Limit 21-25, 95 over 70. The other was Operating Uninsured Motor Vehicle. Trooper told me to bring proof of insurance to court, and that one may get dismissed. I have several documents showing active insurance, including the CORRECT insurance card. (I... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Sep 24, 2020

I would not worry about it. 25 over, and considering it was on the interstate, is still only a petty offense.

As far as being nervous, the judge will almost certainly follow the prosecutor's recommendation. If the prosecutor does not recommend supervision, tell the judge you want a...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Can you be charged with conversion 6 months after incident happen
Juan Ooink
Juan Ooink answered on Sep 24, 2020

Yes, statute of limitation for most Misdemeanor offenses is 1.5 years and most Felonies is 3 years, so you can be charged any time within the statute of limitations. You need to hire a criminal defense attorney to assist you with this matter right away. The sooner you hire an attorney, the better.

1 Answer | Asked in Civil Litigation for Illinois on
Q: I filed a name change petition. However I want to dismiss it and refine it. How can I withdraw/vacate my filing?
Bryan R. Bagdady
Bryan R. Bagdady answered on Sep 24, 2020

You don't want to dismiss your petition. Rather, you should file a motion for leave to file an amended petition. Once the motion for amendment is granted, you can refine your petition in any way you deem appropriate. Good Luck. Bryan.

1 Answer | Asked in Contracts for Illinois on
Q: Lender stopped cashing my payments & no contact from them for 6 years. Is the contract still valid? Do I still owe?
Robert Shipley
Robert Shipley answered on Sep 23, 2020

I am presuming that the loan was documented by a written agreement. The terms of that agreement control. I do not know how long you have been sending payments which have not been cashed, but I would recommend that you review the agreement and if you do not have a copy, then contact the lender.... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: My husbands lawyer won't talk to me because of the discovered evidence in his case. Please explain this

He is charged with attempted intisement off a child. 1 count. And a second count for asking for pictures of the child performing sexual acts. Pretrial court date Oct 22. He has been advised to plead guilty and try to plea bargin

Juan Ooink
Juan Ooink answered on Sep 23, 2020

Your husband has to give his lawyer permission to speak with you. Ethical rules require the attorney only to speak with his client, your husband, and no one else without the direct permission from his client, your husband.

2 Answers | Asked in Traffic Tickets for Illinois on
Q: I recently got a citation, is there any way I can request supervision without the need of an attorney?

I recently got a new car, due to financial restraints I haven’t been able to take care of getting it insured. I got pulled over for the license plate lights being out and by the end of it I was given a warning for the license plate light being out but I was given a citation for not having insurance

Theodore J. Harvatin
Theodore J. Harvatin answered on Sep 23, 2020

If you bring in proof of insurance and have never had supervision for that offense, the state will almost certainly offer it. This will require you to carry SR 22 for three years and pay a fine.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: i want to live with boyfreind i want to emancipate myself we had a kid but lost him im 15 i stuggle with mom i work

me and my boyfreind want to get an appartment i want to emancipate myself at 15 and a few months when ive been stuggeling with my mom for 3 years knew my bf for a year and months dont feel comfterable with my step dad i work and my boyfreind works when i was pregnant my mom put alot of stress and... Read more »

Cheryl Powell
Cheryl Powell answered on Sep 22, 2020

It is rare for a 15 year old to get emancipated. You do not say how old the bf is.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: What can I expect to happen in court?

My ex-wife and her husband received TANF a few months back and now the state it coming after me for child support. Even though our divorce papers state that we agreed to neither of us paying child support or any sort of alimony. She said she is not going to be able to make it to our court hearing... Read more »

Cheryl Powell
Cheryl Powell answered on Sep 22, 2020

Typically, you are sued by the Illinois Department of Human Services. They are not required to recognize your court order and can modify it.

Her presence id not required.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Liability of collision and "promise to comply" ticket.

In a green light crossroads, the front car suddenly stopped in the middle of the crossroad. I noticed the stop and used hard brake but failed to make a full stop due to the raining and wet road and lightly hit the back of the front car. The front car driver moved the car out of the scene... Read more »

Juan Ooink
Juan Ooink answered on Sep 21, 2020

You should consult with an attorney.

1 Answer | Asked in Child Support for Illinois on
Q: I received a petition to determine the existence of the father and child relationship what happens now?
Cheryl Powell
Cheryl Powell answered on Sep 21, 2020

You should respond to the petition. File your response with the circuit clerk. See a lawyer.

This petition likely concerns parentage, parenting time, parenting responsibilities, child support and who claims the child on taxes. It could also be about health insurance and health expenses...
Read more »

2 Answers | Asked in DUI / DWI and Car Accidents for Illinois on
Q: If I hire a lawyer to defend me in a case, what do I do if the attorney has done little to nothing for me. Pdf 2000$
Juan Ooink
Juan Ooink answered on Sep 21, 2020

If you are not happy with your attorney, you should hire a new attorney. The sooner you hire another attorney, the better. Make sure to tell your potential new attorney, what issues you had with your last attorney so the same issues do not come up.

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: I paid my ticket online 2 days late . I got a letter stating I didn’t pay it
Brandon K. Davis
Brandon K. Davis answered on Sep 20, 2020

The letter was probably sent before the payment was received. Call the Clerk's Office at the courthouse to confirm.

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: In IL, could driving over statutory limit 21-25 be bumped up to reckless driving in court? This my first ticket in life.

Last night, I received my first ever ticket in my life last night. Driving over Statutory Limit by 21-25. 95 over 70. Up until now (at 35), I've maintained a 100% clean driving record, not even parking ticket or any arrests ever in my life. I was also hit with a violation for driving an... Read more »

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

Reckless driving is a different offense entirely, it would be very unusual for the State to 'upgrade' the charge. Speeding 25 over the limit is still a petty offense, while speeding 26+ and reckless driving are both misdemeanor/criminal offenses. If you are uncomfortable appearing on your... Read more »

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2 Answers | Asked in Domestic Violence for Illinois on
Q: Can the state press charges for a domestic of no arrest were made?

Husband and I were fighting after drinking heavily. No arrest were made and neith of us pressed charges

Juan Ooink
Juan Ooink answered on Sep 20, 2020

Once the police have been called it is out of your hands. If someone has been charged with a criminal offense, they need to hire a criminal defense attorney right away. The sooner an attorney is hired, the better.

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4 Answers | Asked in Traffic Tickets for Illinois on
Q: what should I so, I got a ticket for going 28 miles over the speed limit, I have a clean record, and im 17.

i know it will go on my record, but I want to be in the union to become an electrician

Theodore J. Harvatin
Theodore J. Harvatin answered on Sep 20, 2020

It is a criminal offense. You don’t want to record at your young age. I would suggest you find a local traffic lawyer. search Justia

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1 Answer | Asked in Bankruptcy for Illinois on
Q: Are unemployment benifits exempt from chapter 7 bankruptcy in Illinois? Can they turn you down for having them?

Can the courts take your unemployment money from you or is that untouchable?

Timothy Denison
Timothy Denison answered on Sep 18, 2020

They are treated as income for the means test but you’re not likely to ever be turned down bc of them.

1 Answer | Asked in Divorce for Illinois on
Q: What is the affidavit for a divorce settlement called? Is there a form?

This is for a cooperative divorce proceeding and I am pro se. We have reached a settlement agreement, but I am being asked to submit an affidavit on the settlement.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Sep 18, 2020

There is no such form. Now not. Not ever. Maybe they want a Financial Affidavit from you or they are requiring that you get your signature notarized on the signature page. It might also be some sort of form that your county requires in uncontested cases. There is no such thing as an affidavit... Read more »

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