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Illinois Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Personal Injury for Illinois on
Q: We had an unusual experience with HERTZ in Chicago IL that affected us and our children. Type of attorney to sue HERTZ?

There was mental and emotional damage to all involved, and an unusual circumstance that is positive for a successful case brought against HERTZ

Evan S. Sloan
Evan S. Sloan answered on Feb 5, 2020

Mental and emotional damages can be hard to prove. An attorney will need much more information on what happened to perform a proper evaluation of your situation. It is difficult to ascertain what exactly occurred from your post. Please post again with more facts or contact a local personal injury... Read more »

1 Answer | Asked in Consumer Law, Insurance Bad Faith, Insurance Defense and Real Estate Law for Illinois on
Q: what can I do if my mortgage company doesn’t pay my homeowners insurance?

I escrow my homeowners insurance and my mortgage company didn’t pay my homeowners insurance and now I have a leak in my kitchen. I tried resolving the issue with my mortgage company but they are not being responsive. What can I do? They still have not paid my homeowners insurance and have not... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 10, 2020

Gather all the paperwork involving your situation and take it to an attorney. It's likely the mortgage company can be persuaded to do the right thing, or sued if they don't.

1 Answer | Asked in Consumer Law and Civil Litigation for Illinois on
Q: Are plaintiffs required to notify defendants about the motions they file?

I, the defendant, never received any notice from the plaintiff regarding a motion to dismiss my answer that they filed. They have also more recently filed several motions for discovery, none of which I have had any notice of. I only found out by looking up the case in the online records.

Adam Savett
Adam Savett answered on Dec 26, 2019

Generally yes. You don't say if your case is in Federal court or State court. You also don't say if you are represented by an attorney, but since you are seeking answers online, I presume that you are not represented by one.

If you look at the motions that were filed (that you didn't get...
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1 Answer | Asked in Contracts and Consumer Law for Illinois on
Q: Is it illegal for my interest rate on my car to be close to 30% if my monthly income $2000 monthly?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 22, 2019

It's not usually based on your income.

2 Answers | Asked in Bankruptcy and Consumer Law for Illinois on
Q: I have credit card debt under $15,000, disposable monthly income of $200, and a home. What bankruptcy should I file?

I have credit card debt under $15,000, disposable monthly income of $200, and a house that was given to me that appraises at $48,000 that I wish to keep. And I have no other assets of value over $1,000. What bankruptcy chapter should my attorney file? A chapter 7 or chapter 13?

Stuart Nachbar
Stuart Nachbar answered on Nov 1, 2019

You should file a chapter 13, but I do not think that your disposable monthly income is enough to payoff enough of the debt to keep the house

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1 Answer | Asked in Bankruptcy and Consumer Law for Illinois on
Q: If I only have 1 unsecured debt of $13,000, but disposable monthly income of $168.00, what bankruptcy should I file?

If I only have 1 unsecured debt of $13,000, but disposable monthly income of $168.00, what bankruptcy should I file? A chapter 7 or chapter 13? Or just negotiate with the creditor for a pay-off amount? I forgot to add that I have no assets of value over $1,000

Timothy Denison
Timothy Denison answered on Oct 31, 2019

Chapter 7

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Construction Law for Illinois on
Q: can I sue a prebuilt shed company?

I bought a brand new 10x12 prebuilt shed delivered to my property that leaked from day one. After a few half hearted attempts to fix it among several non returned calls and no shows the owner of the company said he would take it back and refund my money. That was 2 months ago every time I call him... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 17, 2019

First check the terms of the agreement. It could possibly contain provisions that include arbitration as a forum for handling disputes.

Tim Akpinar

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Illinois on
Q: Bought a used car from a dealer that ended up having problems. Is there any action I can take to receive reimbursement?

-Dealer insisted that car was in very good condition, despite not being "certified pre-owned"

-Car battery failed 2 weeks after buying. Dealer insisted battery was good for another couple years.

-Engine started having immediate issues. Cost $200+ so far in repairs.

-Leak in... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 16, 2019

Sounds like you just ran up against the oldest advice ever given concerning buying used cars (and many other things in America): "Caveat emptor" which means "let the buyer beware."

Based upon your set of facts I am unaware of any form of relief available--and that would succeed--in you...
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1 Answer | Asked in Consumer Law for Illinois on
Q: What does "claim form deadline no earlier than July 1 2019" actually mean? Do we file before or after date?

There is a class action lawsuit and it says the above but I am not sure if we file a claim before July 1 or after.

Adam Savett
Adam Savett answered on Jun 26, 2019

This question appears to relate to a settlement in Rickert, et al. v. Caliber Home Loans, Inc., and American Security Insurance Company.

The claims administrator (the company that will process and evaluate the claims) has a website devoted to the case, here:...
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1 Answer | Asked in Consumer Law and Family Law for Illinois on
Q: What is Justia.com? Can I use it for assistance to a family member since I don't want any deception.
Tim Akpinar
Tim Akpinar answered on Feb 21, 2019

It's a website where you can find attorneys, post legal questions, and find other resources, such as legislative developments.

Tim Akpinar

1 Answer | Asked in Consumer Law, Traffic Tickets and Collections for Illinois on
Q: What are my rights with municipal red light fine debt harassmen

I have sent my own legal letter and disputed claim. The municipal has a law firm after me. I don't work. I am disabled.

Juan Ooink
Juan Ooink answered on Nov 5, 2018

Law Firm after you? I think you mean the matter has been sent to collections, which means you likely missed your opportunity to dispute the ticket. I suggest contacting the Law Firm and seeing what can be done.

1 Answer | Asked in Consumer Law and Construction Law for Illinois on
Q: A contractor took my deposit over 10k and never performed work, will not provide refund, said he no longer wants to talk

The contractor verbally promised a 10% discount and build date within 60-90 days if I signed a contract and provided down payment that day. I agreed and signed a contract. The contract did not list the build date. After multiple calls and text messages over the course of 8 months (the contractor... Read more »

Steve McCann
Steve McCann answered on Sep 20, 2018

You have a couple of options, but the best option is dependent on specific facts that are not provided here, such as the terms of the contract, and details about the contractor's company. That being the case, I recommend you organize everything in your possession regarding this message, including... Read more »

1 Answer | Asked in Consumer Law for Illinois on
Q: i received a call from agency saying i had a loan from june of 2011,, ask her question she could only give the frim name

said i need to look up the loan in my email back from 2011

T. J. Jesky
T. J. Jesky answered on Sep 8, 2018

This sounds like a scam call. If you really owned them money, you would most likely remember, and they would be eager to give you more information. Don't lose sleep over this matter.

1 Answer | Asked in Consumer Law for Illinois on
Q: At fault insurance company in auto accident won't pay subrogate claim amount. I'm out $1000.00 deductible. HELP

Struck from behind while stopped in traffic May 20, 2018 in Chicago. Driver admitted fault in police report. I was driving part time for Uber at time and two passengers gave statements to Uber's insurance adjuster. Allstate handles Uber claims in Chicago. At fault insurance company, American... Read more »

Steve McCann
Steve McCann answered on Aug 2, 2018

Did you sustain bodily injuries as a result of the collision? If so, I recommend organizing everything in your possession related to this matter, including the crash report and medical records, and consulting with a personal injury attorney. Many of us offer free consultations and will represent... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for Illinois on
Q: Am I responsible for sewer bill on a house I recently purchased with no running water? Comptroller said since the owners

Prior didnt fill out an abatement form that I would be responsible. I have to fill the form out and it would cease any further bills but not the two months of bills they have sent out .

James G. Ahlberg
James G. Ahlberg answered on Jul 21, 2018

Matters like this are normally covered as part of the real estate closing. If no one did a readout to close the account for the sewer bill as to the prior owners through the date of the closing on the property, you're probably going to be stuck with it if you want future service at the premises.

1 Answer | Asked in Consumer Law, Estate Planning and Probate for Illinois on
Q: I have a check issued in my name and my deceased sister. I need to cash the check. My sister had no will.
Stephanie Sexauer
Stephanie Sexauer answered on Apr 9, 2018

Depending on the amount of the check, and if your sister had any other assets, you may or may not be able to avoid probate to cash the check. There are other considerations, including heirship and potential creditors.

You should contact a probate attorney in your county.

1 Answer | Asked in Consumer Law for Illinois on
Q: Used vehicle purchase in Illinois

I purchased a used vehicle from a dealership in Illinois. After a week I had the vehicle in the shop for some work and it was determined at that time that the vehicle is unsafe to drive due to numerous issues with the front end. I was not made aware of these issues at the time of purchase. The... Read more »

Steve McCann
Steve McCann answered on Mar 30, 2018

You still may be entitled to a remedy, even if you purchased the vehicle as is, but it is a very fact specific determination. Assuming you did not purchase an expressed warranty when you purchased the vehicle, there still may be an implied warranty if the vehicle purchased had less than 150,000... Read more »

1 Answer | Asked in Consumer Law and Native American Law for Illinois on
Q: A company working for a tribal payday loan company threatened to issue an arrest warrant for non payment?Live in Ill.

I spoke with a guy who works for a debt collection company who currently has a debt from a payday loan I took out from a tribal payday loan company. I tried to comply and pay a portion but he refused my amount and said an arrest warrant will be issued. Can this really happen?

Steve McCann
Steve McCann answered on Mar 27, 2018

No it cannot, and it is a blatant violation of the Fair Debt Collection Practices Act. Do you have any written evidence of the threat? In any event, refrain from speaking with the debt collector and contact an attorney immediately. Many of us offer free consultations, and will advise as to your... Read more »

1 Answer | Asked in Consumer Law for Illinois on
Q: I purchased a used 2017 Subaru WRX 6weeks ago. I was driving in a highway and my clutch started to burn, smells.

Only use to work, drop off my daughther to school and home.

Steve McCann
Steve McCann answered on Mar 26, 2018

Assuming you are inquiring into your potential remedies, it is going to depend on any warranties that attached to the car. If there are not expressed warranties covering these issues, there may be implied warranties depending on the amount of miles on the car since you purchased it.

In...
Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for Illinois on
Q: Can I deduct washer and electric garage door repair from my rent?

My landlord lives in my building so it's not covered by the Chicago landlord/ tenant ordinance. I have been using the washer and dryer in the basement for 3 yrs, though it is not included in the lease. The washer does not drain and I am wondering if I can deduct the cost of the repair from my rent.... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 24, 2018

No.

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