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Illinois Questions & Answers

2 Answers | Asked in Patents (Intellectual Property) for Illinois on

Q: If I have a one of a kind bath toy manufactured will it be hard to obtain a patent

Peter D. Mlynek answered on Jun 17, 2019

Whether it will be hard or easy to obtain a patent on a one of a kind bath toy will depend on how new it is. If the bath toy has some insignificant modifications from other bath toys, or is just a combination of other bath toys, then it will be difficult to get a patent.

You should seek...
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2 Answers | Asked in Criminal Law for Illinois on

Q: Is a defendant that has been found guilty and sentenced to Dept of Corrections entitled to a copy of transcripts free

William Wolf answered on Jun 17, 2019

Not automatically, no.

There's a lot of information missing here. Did the Defendant plead guilty or go to trial?

Is the Defendant indigent?

Does the defendant have an attorney representing him or her right now on appeal?

If the Defendant has an attorney now on...
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2 Answers | Asked in Tax Law for Illinois on

Q: If an accountant has delayed (4 months and counting) a tax return because of an admitted mistake...

can they send a check from their firm to cover that amount (~$3,000) until the IRS sends the money to us?

D. Mathew Blackburn answered on Jun 17, 2019

They can, but they won't.

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1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on

Q: Does my mother have any rights to the house she lives in thats part owned by her late husband of ovr 10 yrs of marriage?

His sister and son's names are on the deed also. His sister lives in the upper portion of the house, My mother's name is not on the deed.

Ray Choudhry answered on Jun 17, 2019

If the house was in joint tenancy with sister and son, then it belongs to them.

2 Answers | Asked in Contracts, Copyright and Civil Litigation for Illinois on

Q: Do I have any right to photos taken for free?

My sister took my wedding photos for free as a “gift”, but since then has decided she’s not going to give them to me. She won’t talk to anyone or listen to anyone who asks her for the photos. Many family members have offered to pay to see the photos but she refuses. We were married in a... Read more »

Bruce Alexander Minnick answered on Jun 17, 2019

Unfortunately, no. The law does not provide for any way to enforce unkept promises unless there was an agreement and unless both sides received consideration. I suggest you try to compromise and at least pay the photographer something--because the photos are hers.

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1 Answer | Asked in Child Custody and Family Law for Illinois on

Q: What would the process look like if I was to argue that my ex is mentally abusing our child and request limited time?

Our child lives primarily with me. My ex is mentally and verbally abusive to our child. Compared to other people its probably not as bad as it sounds but the child has anxiety from it and is becoming withdrawn, angry, depressed (has headaches and stomach aches) after their parenting time with my... Read more »

Marilyn Johnson answered on Jun 16, 2019

You should file a Petition to Modify the Parenting Time. It is often difficult to prove mental and verbal abuse but you need to take immediate action to protect your child. The Court can appoint a child representative or GAL. The Court can order that the child see a therapist. Quite often your... Read more »

1 Answer | Asked in Child Custody and Family Law for Illinois on

Q: what is the likely chance that my son father would get joint custody being a felon?

With two cases dealing with children. One of them kidnapping our son but he on the birth certificate but I didn't give him permission to take him. Having a mile-long record of crimes on his background plus pictures of when I picture of my son after I have to pick him up with scratches and a bite... Read more »

Marilyn Johnson answered on Jun 16, 2019

Illinois statutes no longer use the word custody. There is allocation of parental responsibilities for decision making and parenting time. From the facts that you have alleged, the father of your child would in all likelihood not be awarded any decision making as it appears that he has not had good... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Illinois on

Q: I, who is the plaintiff, has a monetary judgement against the defendant whom I evicted as a tenant.

I am trying to collect past rent and court costs. We went back to court and the defendant agreed in front of the judge to pay me back $200 a month on the 15th of every month until the judgment is paid off. The judge signed off on that. Today is the 15th and she is refusing to pay.

I have... Read more »

Ray Choudhry answered on Jun 15, 2019

If the Judgment gave her a payment plan and she does not comply with it, you file a Rule to Show Cause why she shouldn't be held in contempt for failure to comply.

This gets more attention.

Let alone under the table, sometimes people don't even earn enough to be able to garnish...
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1 Answer | Asked in Workers' Compensation for Illinois on

Q: Is there a time limit in Illinois to seek medical aid with a on the job injury?

Fell on shoulder at work. Filed paperwork about injury but did not feel need for medical aid at the time. Have pain off and on for seven months. Want to see doctor and am told I waited too long and workmans comp will not pay the bill. Is this right?

James G. Ahlberg answered on Jun 14, 2019

The insurance company's perspective is that since you went without treatment for seven months you must not have suffered an injury needing treatment. In their eyes, the fact you need treatment for the first time seven months later indicates you suffered a re-injury that they are not responsible for... Read more »

1 Answer | Asked in Real Estate Law and Contracts for Illinois on

Q: Receiving another offer after accepting a contingent offer?

If a buyer makes an offer on a home that is contingent on selling their existing home and the seller accepts the offer, but then receives a second offer can they accept the second offer? If so, what happens with the buyer who had the first accepted contingent offer?

Steve McCann answered on Jun 13, 2019

It depends on the specific language of the contract, and the duration of the contingency periods you describe. That being the case, I recommend you ask the attorney that is representing you in this matter, as he or she is most familiar with the transaction and is in the best position to provide... Read more »

1 Answer | Asked in Bankruptcy for Illinois on

Q: My mother has recently filed chapter 7. She has paid on a life insurance policy covering my father,

And he has more recently passed. She is listed as primary and I am listed as contingent beneficiary. Is there any way I can fight to keep the proceeds of the policy from becoming property of her bankruptcy estate? We have located a spendthrift clause within the insurance policy but are unsure of... Read more »

Timothy Denison answered on Jun 12, 2019

You need to have an attorney RE ire the policy, probably her bankruptcy attorney. You may be able to exempt some or all of the policy.

1 Answer | Asked in Divorce and Family Law for Illinois on

Q: Where can I get info about local attorneys who can give me an approx cost?

What if my husband doesn't pay the fees when I don't have the money to cover attorney fees.

James G. Ahlberg answered on Jun 12, 2019

Call and ask them how much they charge and how fees are calculated.

2 Answers | Asked in Criminal Law and Domestic Violence for Illinois on

Q: Is there any way I can get them to drop the charges

My bf hit me and I called the cops they arrested him but I told them I didn’t want anything to happen like him going to jail Bc we have a kid on the way but I guess it was out of my hands and they charged him anyway he has a lengthy record of other little things and this was the first... Read more »

Juan Ooink answered on Jun 12, 2019

He needs a criminal defense attorney. The sooner you or his family or friends hire an attorney for him the better.

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1 Answer | Asked in Business Formation and Contracts for Illinois on

Q: I received a call from an IT company . Demanding payment. Can they do this?

I did pay for their service several years ago but did no business with them afterwards. They indicated the service has been continued as the contract indicated auto renewal. They wanted $999.99 a year since 2016. They offered to settle for several lesser amounts and wound up settling for $199.99... Read more »

Peter M. LaSorsa answered on Jun 12, 2019

It would depend on the terms of the agreement you signed. And it would also depend on how they were taking payment from you and if they can prove you were given services or the services were available to you during that time. You should seek an attorney to review your agreement--pay the hourly... Read more »

1 Answer | Asked in Divorce and Family Law for Illinois on

Q: I need probono services for divorce/family law.

I have been married for 18 years in 2000 Aug. I have two kids ages 14 yrs, 9 yrs. We were married in India and are US citizens now. I have been homemaker for most of time I was married. I tried part time work but gave up due to health issues and to take care of kids. I am not sure how I can afford... Read more »

Peter M. LaSorsa answered on Jun 12, 2019

Even though you may not have money up front for an attorney's fees, if you hire an attorney he or she may be able to collect attorney fees from your husband through court order. You should check with local attorneys who handle divorce cases.

1 Answer | Asked in Contracts for Illinois on

Q: What recourse do I have when my girlfriend walked out on a lease with both names on lease in Chicago?

Resigned a lease together starting 5/1/19, on 4/21 she had all her things moved out and sent me an email. We are both on lease. There is a 5 month buy out or can try to sublet. I don't want to move due to time constraints and work. She wants out of lease. Rent too steep alone. Do I have any options.

Peter M. LaSorsa answered on Jun 12, 2019

You could file an action to force her to perform under the lease or for damages under the lease. You may end up paying more in attorney fees than you collect. You could point out to her that you can move out and she can take the lease over and try to solve it amicably.

2 Answers | Asked in Employment Law, Family Law and Immigration Law for Illinois on

Q: Could my parents sponsor me a green card when I am maintaining OPT status?

I am currently on OPT and will start my H1B this October 2019. My parents have recently gotten a green card and I am curious If they can sponsor my green card so I can stay in the US to get the procedure completed.

Any help would be highly appreciated and I would like to start the... Read more »

Kevin L Dixler answered on Jun 11, 2019

More information is needed, but it may help provided you are eligible to file for adjustment 'before' your H-1b expires or is terminated due to resignation or termination. I strongly recommend an appointment with a competent and experienced immigration attorney, who can review all of the concerns... Read more »

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1 Answer | Asked in Divorce for Illinois on

Q: Petition for divorce was entered and Date set. Decided not to get divorced but now want to proceed. How do I reopen?

appearance was set for late November 2019.

J. Richard Kulerski Esq. answered on Jun 10, 2019

The answer to your question would depend on whether you caused your case to be dismissed, and how and when it was dismissed. You have not furnished enough facts to enable a responsible answer. Filing a new case may be easier than trying to revive the first case.

2 Answers | Asked in Contracts, Family Law and Civil Litigation for Illinois on

Q: In the state of Illinois. Do I have to return a Promise Ring to an exboyfrien?

He now wants the ring, claiming he is paying on it.

But also, he is back with his ex girlfriend.

James G. Ahlberg answered on Jun 10, 2019

No. He gave you a gift. It's yours.

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1 Answer | Asked in Real Estate Law for Illinois on

Q: Do I have any legal options or am I saddled with the burden of trying to get this repaired?

The previous owners paid a contractor $1550 to install 14 footings and leveling jacks in the crawlspace. I have the receipt for the work completed 5/16/2014. The center of my house is sagging into the crawlspace. I went down into the crawlspace to visually inspect. One of the support beams used by... Read more »

Steve McCann answered on Jun 10, 2019

You may have a couple of options based on the facts provided. Your best option would likely be if the previous owners of the home had knowledge of the material defects you describe. If so, they may have violated various Illinois statutes if they did not disclose the defects to you when you... Read more »

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