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Illinois Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Criminal Law, Civil Rights and Federal Crimes for Illinois on
Q: Can someone be charged and held in prison under an alias name?

My father was a teenager when he was charged of committing murder in the 90’s. He is under a different name. When you search him , they have his birthday and a alias name.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 15, 2021

Yes, criminal charges are possible when the law-enforcement does not know the actual, legal, or true name of the suspect, so, the charges may be filed under any name available or given to the authorities. As in the case with your family member you could see that could happen.

2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Domestic Violence for Illinois on
Q: How can I motion to exclude evidence from discovery of a video that skips and lapse in time?

Can a plaintiff use a video that skips and lapse in time for evidence in their case or can I motion to exclude it from being seen?

If so, under what grounds can I motion?

Video goes up to minute 2 then skips to 2:30 to 3:15 then skips to 4:05, lot of the video seem altered.

Dan Nold
Dan Nold answered on Oct 1, 2021

You could do a motion in limine asking to bar the video due to lack of foundation. If it’s edited in some way, it has been altered and wouldn’t meet foundational requirements to be admissible evidence.

Probably a good issue to have a lawyer handle. Each county is different and has...
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1 Answer | Asked in Civil Litigation, Family Law, Estate Planning and Real Estate Law for Illinois on
Q: how to get a family member out of home.

3 brothers have inherited a large home, one of the brothers are living there and cannot maintain the home due to alcoholism. Each has a 1/3 of real estate as stated in the will. He refused to pay the other 2 brothers rent or expenses. He needs to go to detox and rehab. He is incapable to help with... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on Oct 1, 2021

Illinois has a partition statute to handle situations concerning jointly held real property. The statute is found at 735 ILCS 5/17-101, et seq. If you read section 105 you will see that the court has the power to determine if the property can be divided among the parties without prejudice to any of... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: Can a plaintiff contact potential witnesses before their attorney does?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 18, 2021

That maybe improper depending on Plaintiff’s intent and purpose which may create witness tampering situation.

2 Answers | Asked in Car Accidents, Libel & Slander, Criminal Law and Civil Litigation for Illinois on
Q: Can a person take a picture of my car to use as evidence in their case?

A petitioner took a picture of my car to use for their evidence because they say that my car resembles a car they have video of but not plate number. The person took the picture without asking me. I explained that just because my car is the same model in their video doesn’t mean it proves it’s... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 15, 2021

No one needs your permission to take a picture of your car if it is visible anywhere. In fact, the photograph may be offered into evidence as corroborating evidentiary exhibit that may show that the make, model, shape, color and the type of the vehicle matches the one on the video.

A...
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2 Answers | Asked in Contracts, Civil Litigation and Collections for Illinois on
Q: If I won monetary judgement and know that the other party will not pay, what is the next step?

I won my case for selling a car with a vehicle sales agreement. The other party did not show. I see lots of things on the docket that I am not sure about. Due Date , satisfied, 851- Judgement, what do these headings mean?

Bryan R. Bagdady
Bryan R. Bagdady answered on Jun 30, 2021

You should reference 735 ILCS 5/2-1401 for post judgment proceedings. Make sure that your order is final and appealable, meaning that it resolves all claims brought against all parties in the action. Assuming that to be the case, you will likely want to file a citation to discover assets, a... Read more »

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1 Answer | Asked in Civil Litigation, Family Law, Civil Rights and Gov & Administrative Law for Illinois on
Q: What part of the law would I find Bias Judgement, Colleagues, and what to do when case involves a Circuit Clerk employee

I have a custody case were the sister works for the Circuit Clerks office. Her and the girlfriend came up with a well calculated plan to make my character out to be a low life junkie so my ex could gain custody. They have gone as far as emailing where I live stating I deal drugs out of my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 1, 2021

your efforts are better spent working on your custody issues. Arrange a visitiation eval with a social worker, etc. but you need an attorney. d.i.y. is getting you nowhere. Trying to tell a judge the system is biased doesn't get an unrepresented person anywhere. You need an attorney to build a... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: My mother bought me a car as a gift and now she's trying to take it back.

I have the registration and all paperwork she was suppose to insure it but didn't. I called about insuring it today when I got a call from the local police asking me to drop the vehicle off. She bought the car and has the title and it's in her name but she has never had possession of it or the keys.

Juan Ooink
Juan Ooink answered on Mar 8, 2021

Not sure what your question is here. If the police are involved, you might want to consider giving the car back to her right away.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for Illinois on
Q: Can the grand jury use the same evidence to indict you again for the same charge?

1st indictment for distribution didn't have probable cause but he was still indicted. How can grand jury indict again with the same evidence and add another charge and co conspirator?

Juan Ooink
Juan Ooink answered on Jan 28, 2021

This is really something to discuss with the Defendant's attorney. Only their attorney will have the needed information in order to address your concerns. If they have not hired an attorney yet, they need to do so right away. The sooner an attorney is hired, the better.

2 Answers | Asked in Bankruptcy, Civil Litigation and Employment Discrimination for Illinois on
Q: will bankruptcy get rid of this lawsuit?

I was injured at work, was on workers comp for several months and was cut off right before surgery by the whole insurance playing their games. my wc lawyer pawned me off to another "trial" lawyer who then pawned me off to another "new guy in the firm" lawyer who completely... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on Dec 14, 2020

I'm sorry to hear about your experiences. You should immediately reach out to a competent attorney to address the pending lawsuit from the actual company. At the very least you will need to complete consultation to fully understand your options.

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1 Answer | Asked in Civil Litigation, Collections and Bankruptcy for Illinois on
Q: Can a judgement creditor stop the sale of my car?

I am trying to trade in a vehicle that is completely paid off. There is a memorandum of judgement for old credit card debt against me. This debt is only in my name, but the car is owned by both my wife and I. If I apply for a duplicate title, will the state stop the issuance of the title to me? Can... Read more »

Timothy Denison
Timothy Denison answered on Dec 9, 2020

Unless there is a judgment lien against the vehicle, it should not affect your transfer snd sale of the vehicle.

1 Answer | Asked in Civil Litigation for Illinois on
Q: What is legally required to prove an intent to defraud how is that profen?
Tim Akpinar
Tim Akpinar answered on Dec 5, 2020

An Illinois attorney could answer best, but your question remains open for two weeks. As a GENERAL matter throughout the nation (keep in mind that civil or penal codes in different states could define fraud in their own specific manner), fraud involves the intent to deceive through representing... Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for Illinois on
Q: I have a question about estate and executor doing things he shouldn’t.

Our dad passed recently, the brother who is the executor has taken assets without the other siblings consent and sold them or is keeping them and not returning them. He is not following what is supposed to be done. We need to know what we should do, tried talking to him but he ignores us and is... Read more »

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

You need to immediately retain an estate litigation attorney to bring an action for his immediate removal for breach of his fiduciary duty as executor and for him to make a complete accounting. A surcharge action needs to brought against him for losses that the estate has incurred by him stealing... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for Illinois on
Q: I have a judgement in wisconsin that's around 10 years old I just got an letter that they want to garnish my wages

They have never before this point tried to collect on it they have even sent me letters over the years trying to get me to come get another car thru them I dont have the money to pay them me and my husband dont make that much and we have three kids

Robert Shipley
Robert Shipley answered on Nov 5, 2020

State statutes have provisions by which judgments can be revived. You do not identify if the action is pending in Wisconsin or Illinois. Regardless, I would strongly recommend that you have a consultation with an attorney whose practice is concentrated in consumer law, to review whether the... Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for Illinois on
Q: Executor of estate is possibly going against what is written in the will.

My father recently passed away. One of the siblings is the executor, but my other sister and I feel that the other sister is going against what the will says. She’s not letting us in the house, (we fear she’s already taken things that were meant for everyone to have a fair chance to pick out... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on Nov 3, 2020

The executor is lawfully charged with the obligation and the right to marshall the estate assets. Part of the obligation of marshalling includes protecting assets. The executor would be within her rights to secure the house. Having said that, the executor is also obligated to file an inventory... Read more »

2 Answers | Asked in Civil Litigation, Libel & Slander, Personal Injury and Criminal Law for Illinois on
Q: Where can you find an attorney personally invested for a demand to ensure justice? practicing all areas of law
William Wolf
William Wolf answered on Oct 19, 2020

I can only speak for myself as a criminal defense lawyer. I guess the best answer is to ask the lawyer you're thinking about hiring why they became a lawyer. I would also ask the lawyer what professional associations they belong to and why.

I find that many of the best criminal...
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1 Answer | Asked in Civil Litigation for Illinois on
Q: My ex-husband was ordered twice to pay me 17,500 in attorneys fees. He appealed, and lost. How can I collect it?

My attorney doesn't want to hire a collection agency to get it. Can we do a wage garnishment?

Robert Shipley
Robert Shipley answered on Oct 15, 2020

If you have a final judgment, then you have the options to: 1) garnish wages from the employer 2) garnish funds from a known bank account 3) file and serve a Citation to Discover Assets which will require a further court appearance(s) and testimony would be taken regarding income and assets 4)... Read more »

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 »

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 Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Does a lawyer have any recourse against the filer of a false ARDC complaint? Or does Rule 775 grant him TOTAL immunity?

Ill. Sup. Ct. R. 775 “IMMUNITY” seems to offer total protection to anyone who files an ARDC complaint against a lawyer, even if the grievance is entirely untrue and filed simply to harass the lawyer. The ARDC thoroughly investigates every claim, and it seems unfair to force lawyers to spend the... Read more »

Robert Shipley
Robert Shipley answered on Sep 17, 2020

I have read both of your questions. Rule 775 does provide that immunity in the context of ARDC communications. It is not clear if the suit you describe is a malpractice claim against you, but if so I would suggest you review with your attorney. If not involving a malpractice claim, but arising from... Read more »

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