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Illinois Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Municipal Law for Illinois on
Q: In a municipal case in Illinois court outside of Chicago can I use case law from Wisconsin that is similar to help my ca

It is a civil / municipal case where the village did along with the police department a total seizure of our house our property they made our car disappear our two dogs our two cats. They had the police illegally remove 2,175 plus items of our personal belongings from the house and they will not... Read more »

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2022

The short answer is: Yes. If you cannot find a case on point in Illinois and the Wisconsin case is on point, most judges (and it is up to the judge) to allow you to reference another State. Frequently, in Judge rulings if they cannot find applicable Illinois case law, they will cite case law... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Civil Litigation and Federal Crimes for Illinois on
Q: I would like to file a civil lawsuit against someone for money that was borrowed, fraud, and emotional distress.

I am from Illinois but the individual has moved to New York. The amount is over $10,000. I am currently in litigation with this person for a different matter. If I file a civil suit, would I be able to serve him during our upcoming family court hearing (it's via Zoom)? We both have attorneys.... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

You are represented by a licensed counsel and it would be improper to suggest any course of action remotely without any case familiarity or case review by anyone.

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Domestic Violence for Illinois on
Q: How do I submit or produce videos at my court trial? What are the rules of evidence to get them in?

How do I submit or produce videos at my court trial?

I have a small claims trial coming up and I would like to know how or what are the rules of evidence to get videos I would like to show the judge in my case.

I have put them in for discovery so the other party does have a copy.... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

No attorney will guide you online how to practice law without an ability to supervise and monitor your actions as that would amount to malpractice.

Either seek guidance from requisite legal sources how to admit evidence in court or seek counsel.

Q: Can a coworker obtain a no contact stalking order and us continue to work at the same company, or do I have to quit?

A coworker filed a petition for a no contact stalking, alleging that I have harassed and intimidated them while at work, damaged their property. Coworker has never mention these allegations to our supervisor/HR dept., never made them aware that they were filing a petition. Coworker did not aware... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

It appears that you may have to retain counsel to protect your legal interests with respect to that no contact petition that will affect your employment directly.

1 Answer | Asked in Personal Injury and Civil Litigation for Illinois on
Q: What are considered disrespectful attorney acts in context of failing to answer a complaint timely?

Illinois appeals cases for default judgements based on untimely answers have generally cut slack to the untimely Defendant it appears. However it does add a caveat that the attorney cannot be disrespectful in doing so.

Is not the fact that the attorney failed in a case to file answer until... Read more »

Charles Candiano
Charles Candiano
answered on Jun 9, 2022

I'm not really certain as to what you are asking. If you are the client and a default judgment was entered against you, the only aspect of the attorney's conduct that would ever be examined is whether the attorney was able to vacate the default judgment. So long as that is accomplished,... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Illinois on
Q: who enforces (765 ILCS 160/) Common Interest Community Association Act when the declaration and covenants aren't honored

I'm the adjacent property to a townhome association and they do not honor their obligations stated in their declaration. Specifically the sections that refer to my property being the Dominant Tenement and various zoning and municipal code ordinances that has actually caused serious damage to... Read more »

Frederick A. Lurie
PREMIUM
Frederick A. Lurie
answered on Apr 26, 2022

You provide only general information so one can only provide a general answer. No neither you nor the police can force the Association to furnish you with its insurance policy unless you file suit for property damage, violation of an easement or whatever wrong has been committed. The declaration is... Read more »

1 Answer | Asked in Civil Litigation and Construction Law for Illinois on
Q: Is it possible to hire an attorney in the middle of a litigation if I am representing myself currently?

I am looking for an attorney to help me with a mandatory arbitration. I had a terrible experience with a law firm. We parted ways. I would like to find someone experienced in construction law as we are in the middle of our process. Any help would be appreciated. Thank you

Robert Shipley
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Robert Shipley
answered on Mar 8, 2022

My office handles construction disputes. I would be happy to discuss. I can be reached directly at 312-527-4545.

Thank you.

2 Answers | Asked in Personal Injury, Employment Law and Civil Litigation for Illinois on
Q: Illinois removal from federal court

I am a plaintiff in a case in which the defendant removed the case from state to federal court. It has now been remanded back to state court. Defendants filed a motion to dismiss in fed court which wasnt resolved. Defendants are now seeking to dismiss case in state court based upon the motion to... Read more »

Robert D. Kreisman
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Robert D. Kreisman
answered on Feb 26, 2022

I believe that once the federal court is divested of jurisdiction and thus any authority over the pending case, that the motion to dismiss filed in federal court would have to be filed in the state proceeding to heard. That seems to be the case where although the motion to dismiss was filed in the... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Illinois on
Q: My landlord is saying because of 735 ILCS 5, I had to give 30 days notice before my 12 month lease ended

My 12 month lease ends the 28th of February. It is very clearly stated and there is no clause in my lease stating I need to give notice 30 days prior. I gave 29 days notice and now my landlord is fighting me and saying I have to stay and pay March rent

Ana M. McNamara
Ana M. McNamara
answered on Feb 11, 2022

The statute you quoted is incomplete. It should read 735 ILCS 5/ ___ and a number after the slash in order to point to a relevant section of the statute that your landlord is reading. At any rate, you are not required to give thirty days notice unless it specifically states so in your lease.... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Social Security for Illinois on
Q: I'm on SSI Disability can I be garnished by a collection agency about a credit card that I've been unable to pay on?

It's a collection agency who is taking me to court tomorrow via a zoom call. I've not been able to pay on it due to everything going up in price and I live on a very low income and am behind on my water bill and several other bills. I was behind on rent until just recently, over a year... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 26, 2022

Your inability to pay does not stop the entry of judgment. If there is already a judgment and you are up on a post judgment citation or garnishment, you should read and be aware of the exemption provisions of the post judgment code of civil procedure. Specifically, 735 ILCS5/2-1402 states at (b)(1)... Read more »

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Illinois on
Q: Can you sue an affair partner for emotion distress?

My husband and I are married and not legally separated. I have proof of his affair and I am interested in suing the affair partner for emotional distress.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Dec 7, 2021

No, not any longer. The lawsuit you are referring to is Alienation of Affection, and it was repealed in IL.

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.

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