Lawyers, Answer Questions  & Get Points Log In
Illinois Civil Litigation Questions & Answers
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... View More

Robert Shipley
PREMIUM
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... View 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... View More

Robert Shipley
PREMIUM
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... View More

1 Answer | Asked in Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Must a defense lawyer in Illinois inform his client that he may have insurance coverage for a lawsuit?

Does a defense lawyer practicing in Illinois have an ethical obligation to inform his client that the client may have insurance coverage for a lawsuit that would cover the client's legal fees? Even if this means that the case would have to be tendered to the insurance company and that lawyer... View More

Robert Shipley
PREMIUM
Robert Shipley
answered on Sep 15, 2020

Generally, any claim/case should be reviewed to determine if there is possible insurance coverage. If there is potential coverage then the claim/case should be forwarded to the parties insurance agent who will transmit to the insurance company. If there is coverage, then the insurance company... View More

2 Answers | Asked in Bankruptcy, Contracts, Real Estate Law and Civil Litigation for Illinois on
Q: Will a memorandum of judgement against me for a credit card debt affect my wife's house?

The mortgage is in my wife's name, but I am listed as a "tenant by entirety."

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 10, 2020

Absolutely... The Judgment Lien encumbers any and all interests you have in real property in the County in which the Judgment is recorded in. And you own the same estate your Wife does. Contact a competent Illinois attorney to get the specifics about how long the Lien attaches, and whether... View More

View More Answers

1 Answer | Asked in Consumer Law and Civil Litigation for Illinois on
Q: Need to know type of lawyer needed

Lent car to a friend to have brakes worked on Friday. Per State police, car was in a hit and run at 4pm Fri. My parents were called at 1030pm, saying car will be towed, if your daughter doesn't call by midnight. (I am visiting from TX.) I returned home after 12mid. Tried to return call, but it... View More

George W. Svoboda
George W. Svoboda
answered on Aug 18, 2020

Start with a criminal attorney in IL who does traffic tickets even though you weren't driving. Stop talking to the police. Once you get your car back, you can worry about getting it fixed and who pays for the damage. Luckily, you have insurance. USAA will probably take it from there.

1 Answer | Asked in Family Law, Child Support and Civil Litigation for Illinois on
Q: I am legally separated. My husband's ex-wife wants me to contribute to their child's college tuition.

My husband and I have been legally separated for 9 months, we do not have children together. He has a child from a previous marriage and the mother of the child wants me to contribute to paying for the child's post-secondary education.

Can the mother make\request the court to do that?... View More

George W. Svoboda
George W. Svoboda
answered on Aug 10, 2020

You state that you can't afford an attorney, but you are being asked to contribute to a college fund. You are going to need to pay somebody. It's probably less expensive in the long run to hire the attorney. Seek out a free consultation and ask for a cost estimate.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Domestic Violence for Illinois on
Q: I have not received any notice of hearing or procedures for divorce decree where my wife of 40years has divorced us

Divorced us in secret from me. I heard finalized March 26th 2020in Clay county of Minnesota. What can be done about no notice on divorce decree? Can I challenge judgment so I can have input into 40years of my life where I am a victim of domestic violence abuse against men by battered husband... View More

Cheryl Powell
Cheryl Powell
answered on Jul 11, 2020

You say you are homeless. If she did not know how to find you to have you served, she could have served you by publication notice in a newspaper.

Call the Clay County, MN circuit clerk's office. Ask for a copy of your file. Have it emailed to you. See if there is anything you...
View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: My sister might b suing me for a right to survivorship bank account I had with our mother who recently passed. Can she?

There is no will and I have been told this bank account is separate from the estate. She might try to prove it should be considered a convenience account.

Robert Shipley
PREMIUM
Robert Shipley
answered on Jul 10, 2020

If the account is set up right of survivorship, where you and your mother were the co-owners, that means that upon her death you become the sole owner of the account, which passes outside of probate. So I would review how the account was set up to verify your ownership rights. Regarding... View More

1 Answer | Asked in Civil Litigation and Bankruptcy for Illinois on
Q: Can a lawyer representing one judgment creditor solicit business from the other creditors of the same judgment debtor?
Timothy Denison
Timothy Denison
answered on Jul 9, 2020

They can if it does not conflict with the original creditors interests.

1 Answer | Asked in Civil Litigation for Illinois on
Q: I took something and want to pay it back. Meeting with party to discuss repayment.

Took some money that wasn’t mine, willing to pay it back , it was a large sum and am meeting with party and their attorney to discuss terms. Can we enter into a repayment agreement without going to court?

George W. Svoboda
George W. Svoboda
answered on Jun 29, 2020

You can enter into a settlement without going to court, but you should not say anything or go to that meeting without your own attorney. It is possible you also committed a crime. You need to be prepared to protect your rights. There will also be a settlement document prepared that you will need an... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: Do I have to go to court to enter into a restitution agreement?

I took something and agreed to pay it back. But don’t want courts involved. Can offer a good faith payment, then remainder next month. Willing to sign agreement based on total they want paid. No charges have been filed as of yet, but I want this be taken care of quickly.

Robert Shipley
PREMIUM
Robert Shipley
answered on Jun 18, 2020

Your description suggests you took something without permission and have reached an agreement with the owner of the property. An agreement can be prepared and signed which confirms the agreement to repay the money. The agreement should also include the property owner releasing any claims that they... View More

1 Answer | Asked in Civil Litigation, Contracts, Foreclosure and Real Estate Law for Illinois on
Q: Do I have a claim to a joint interest in the home that my father and I share?

In 2013, my mother passed away leaving me as the sole heir to her estate in her will. My father has encountered mortgage trouble, and I have occupied the home alone for one year now. The current mortgage was taken out in 2005 in both of their names, and statements come addressed to her estate.... View More

Robert Shipley
PREMIUM
Robert Shipley
answered on Jun 11, 2020

Based upon your question, although your mother left you her entire estate, it does not appear that estate included an interest in the home. From your description your father is in sole title to the home and therefore the sole owner. If there are issues regarding the mortgage, those must be... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: I own property in a private campground that has recently banned concealed carry even with a license ? Is this legal?

The board of directors recently enacted this without a vote of all the owners, just the 5 board members. Are they within their rights or is it a violation of my rights or Illinois law?

Robert Shipley
PREMIUM
Robert Shipley
answered on Mar 20, 2020

Your question suggests that the property is governed by an Association. There should be Bylaws and a Declaration which define the scope of the Board’s authority and what actions require a vote of the Membership. That will help you determine whether the Board acted within the scope of its... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: Ok my question is can sue this landlord for put a eviction in my name and I’m not even on lease sh

I come over to help my boyfriend out with his rent cause he is in jail and I told them if I can’t A Ford to keep up his rent I was moving his stuff out and she is putting him out cause of his pass I have the text messages and the police to prove it

Robert Shipley
PREMIUM
Robert Shipley
answered on Mar 18, 2020

From the brief description of the facts, if you did not sign the lease, in other words you are not one of the designated tenants, then you have no obligation and cannot be sued. If however you signed as a guarantor under the lease then you can be sued for the past due rent obligation. I would... View More

1 Answer | Asked in Civil Litigation and Collections for Illinois on
Q: Received a summons. However, I'm unemployed and can't afford to pay debt and court fees. Do I have to appear in court?

A collection group had a officer come to my door and serve me a alias summons (did not sign for it though) for a charged off credit card debt. I've been out of work for a long time and have simply run out of money (getting help from family and friends). Since I can't afford to pay the... View More

Robert Shipley
PREMIUM
Robert Shipley
answered on Mar 16, 2020

You should not ignore the summons, because if you do not appear, a judgment can be entered against you. If you are unemployed you may qualify for free legal services. You should contact Legal Aid Chicago, (312) 341-1070 or Chicago Volunteer Legal Services, 312-332-1624. Both are located in downtown... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Civil Litigation and Collections for Illinois on
Q: Memorandum of Judgement?

I have a judgement against me in a civil suit for credit card debt. They just filed for a Memorandum of Judgement. What does this do for the case going forward?

Timothy Denison
Timothy Denison
answered on Mar 9, 2020

They’re asking to court to grant the judgment because there are no material facts in dispute.

1 Answer | Asked in Civil Litigation for Illinois on
Q: I don't have a private lawyer but I do have a public defender just need help
Tim Akpinar
Tim Akpinar
answered on Feb 15, 2020

You await a response for two weeks, but your post is not fully clear. You are in the Civil Litigation category but you speak about a public defender, which suggests a criminal matter. If you clarify, an attorney whose practice is relevant to your matter could better determine what kind of... View More

Q: I was falsely accused of stealing and at a superstore. Can I sue for defamation? See details below.

I was brought back to the store in cuffs and questioned. I denied and showed them the reciept of the item I bought, and they brought up the footage of me paying at the cash register after I told them what register I checked out at. I was embarrassed and humiliated. They then trespassed me from the... View More

Tim Akpinar
Tim Akpinar
answered on Feb 12, 2020

I'm sorry for your ordeal. You could consult with an attorney in confidence regarding your civil remedies because they could be multiple here. Doing this without delay could be valuable to you in terms of preserving video footage before it is rerecorded over or lost. Many attorneys would... View More

View More Answers

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.