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Illinois Contracts Questions & Answers
1 Answer | Asked in Contracts, Family Law and Personal Injury for Illinois on
Q: A minor in illinois signing a non disclosure form.

A high school is accusing a 17 year old of harrasing a girl and told him to sign a non disclosure form or else they would expell him

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

There is not enough information given to respond in a helpful way. What is the nature of the harassment? What is the 17 year old being told not to disclose? Are his parents or guardians aware of this or involved in the process? Has he been given an opportunity to show the document to a lawyer? Is... View More

1 Answer | Asked in Civil Litigation, Divorce, Contracts and Appeals / Appellate Law for Illinois on
Q: What can opposing party do to fight back a Volunteer dismissal of a divorce agreement?

Was given to Attorney and discuss in chamber with all Attorney and Judge. Affidavit and discovery was discussed. Was asking for support got temporary support. Judge still didn't rule. Now they w

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 22, 2018

The only thing you could have done to prevent your spouse from voluntarily dismissing your case was to file a counter-petition for dissolution before he/she filed the motion to dismiss. If it is dismissed, you can file a new case. I don't know what county you are in, but in Cook and DuPage... View More

1 Answer | Asked in Contracts, Divorce, Family Law and Appeals / Appellate Law for Illinois on
Q: Can a separation agreement be volunteer dismissed If one spouse disagree? Submitted to attorney/Judge

Was given to Attorney and discuss in chamber with all Attorney and Judge. Affidavit and discovery was discussed. Was asking for support got temporary support. Judge still didn't rule. Now they want to volunteer dismiss the separation agreement.

James G. Ahlberg
James G. Ahlberg
answered on Jan 19, 2018

A separation agreement doesn't get dismissed, since it is not a complaint or petition serving as the basis for the case. It is an agreement intended to move an existing case (which could be dismissed under the right circumstances) toward a conclusion. A separation agreement can be withdrawn if... View More

1 Answer | Asked in Employment Law and Contracts for Illinois on
Q: I have a non-compete with my last employer. Should I ask them to release me from the agreement before interviewing?

I was fired from my last company 6 months ago and still have 6 months left on my non-compete agreement. I was asked to interview for a position with a competing company and to my surprise, I've made it to the last round. I'm now debating on asking my previous employer to release me from... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 12, 2018

These situations depend entirely upon the exact wording of the non-compete agreement and the extent to which anew job can be structured to avoid breaching the agreement until it expires. There are many ways a non-compete agreement may be flawed, invalid or inadequate, and countless ways a new job... View More

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Landlord - Tenant for Illinois on
Q: How do I get out of my current lease (IL) without my credit being ding'd and is it possible to keep my security deposit?

I moved to my residence as a renter in Streamwood, IL in August of 2017. Shortly after moving in I had been let go from my job. Since September, I have been struggling to get by. Up until this month (January 2018), I have been jobless. I start a new job on the 3rd of January, however, its is over... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 26, 2017

I strongly disagree with the previous answer. Most residential leases do NOT have a provision saying a party can simply give a written notice and walk away from the lease after a few days.

Better advice: sit down with the landlord and explain what's happened. Ask what he or she can do...
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1 Answer | Asked in Contracts and Employment Law for Illinois on
Q: Non compete enforce ability and harassment by former captive company

I was a captive agent for 5 years, requested termination of my contract, and am now under a 1 yr non-compete which I am honoring. I no longer work as a producing agent - I am a marketing & sales director for an insurance agency. We have not solicited or marketed to any of my former clients,... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 20, 2017

If the company shared your private financial information it is conceivable you could sue them for doing so. Rather than suing them for harassment for using your photo, consider suing them for using your name and image for commercial advantage without compensating you for it. I realize you're... View More

1 Answer | Asked in Contracts and Consumer Law for Illinois on
Q: Does an incorrect address on a Public Adjuster Contract void the contract?

My issue is that I have received my Claim information/Check and as I prepare to submit the documentation to the mortgage company I reviewed the documentation check list from Wells Fargo and it states that I should review at minimum 3 contractor quotes for the work, however the contractor that is... View More

Steve McCann
Steve McCann
answered on Dec 13, 2017

It is a possibility, depending on the nature of the issue and the reasons for voiding the contract. There may be other issues with the contract that could be used as a justification for voiding the contract, as public adjuster contracts are highly regulated, and must have very strict requirements... View More

1 Answer | Asked in Contracts, Family Law and Probate for Illinois on
Q: My grandmother died and her new husband is trying to take all of her things. Can he do that?

My grandmother died recently and her new husband is trying to keep all of her things and her house from a previous marriage. The house in question belonged to my grandfather and grandmother and through a joint will was to be left to my mother upon my grandmothers death. He new husband is now trying... View More

Ray Choudhry
Ray Choudhry
answered on Oct 10, 2017

The first question is who exactly owns the house.

If the house was in joint tenancy, then it would belong to the grandmother upon grandfather's death.

Did the grandmother deed it. If not it would belong to her estate.

Her will would then come into play.

Did she...
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1 Answer | Asked in Civil Litigation, Contracts and Probate for Illinois on
Q: Filed suit as administrator of estate for breach of contract. Do I answer interrogatories on my knowledge or decedents?

Interrogatories are directed to me as administrator of estate in which I filed suit against insurer. Are my answers on my knowledge or my knowledge of what the estate/decedent knew?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 31, 2017

That's a very good question, but the answer much depends on the interrogatory itself. However, as the administrator of the estate you are the fiduciary and thus you are answering for the estate. The questions directed to you personally may be irrelevant unless it had to do with who may be the... View More

1 Answer | Asked in Contracts, Family Law, Child Support and Civil Rights for Illinois on
Q: What would the foundation/ basis for court ordered child support?
Ray Choudhry
Ray Choudhry
answered on Aug 24, 2017

It is a complicated formula that takes into account, income of both parties, parenting time by parties and a lot of other factors.

See a child support attorney.

1 Answer | Asked in Contracts, Family Law, Child Support and Civil Rights for Illinois on
Q: About custodial payments for child not resident of home state, why obligated to pay, state regs, w/o paternity testing?

both parents were born and residents of different states, {active duty service requirements applied}, and paternity is not questioned chain of custody for state filing support not applied per state reporting standards in agreement with federal child support statutes...

Ray Choudhry
Ray Choudhry
answered on Aug 24, 2017

Court order says who pays how much.

That stands until changed.

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: A judge signed my name to a judgement and the sales contract and says he will sign the deed and the check is this legal

It's a partion act in Joliet Illinois I'm the defendant I disagree to the sale price and refused to sign any paperwork

Ray Choudhry
Ray Choudhry
answered on Jul 18, 2017

If a litigant doesn't do what a court orders, a judge can sign for the litigant.

Usually, it is a different judge than the one making the ruling.

If you disagreed with the court ruling, you could have appealed.

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Illinois on
Q: We didnt get flood insurance on our home as the sellers and bank listed that it was a no flood zone. It flooded so bad

Water was all in the house and around it and soo high, if the bank had told us that it was in a flood zone then we would have gotten flood insurance and wouldnt be stuck with all the damages now

Steve McCann
Steve McCann
answered on Jul 13, 2017

I understand your frustration, and unfortunately this happens quite often. Your options and remedies depend on very specific facts that are not provided here, such as the specific representations that were made by the seller's and bank in regards to your home being in a flood zone, and the... View More

1 Answer | Asked in Contracts and Family Law for Illinois on
Q: Daycare provider taking me to small claims

My daycare provider didn't answer the door to watch my child, she says she's taking me to small claims because our contact states we owe her 2 full weeks pays. But I think she voided our contact by not answering the door

Ray Choudhry
Ray Choudhry
answered on Jun 23, 2017

Double check the contract you signed, but highly unlikely she to continue to furnish daycare if not paid.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: We had signed a 4 year lease but after six months we want to break it due to not proper maintence. Can/will they sue?!

We live in IL. we did sign a lease that says 60 days notice must be given. However from reading it, it says just because we gave notice we aren't out of lease. After 3 months of promising to replace the roof and other items, they have not. Our daughter is also struggling at new school so we... View More

Steve McCann
Steve McCann
answered on Jun 12, 2017

Your landlord can certainly sue if you breach the lease by failing to pay rent and/or failing to adhere to notice requirements. That said, it may be possible to lawfully break the lease, but it depends on specific facts that are not provided here, such as the location of the property and the... View More

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Illinois on
Q: We just purchased a home and our A/C was broken the first time we tried to use it. Can we take the seller to court?

We purchased our home April 20 2017. We had a home inspection maybe 2 weeks before. During the inspection, it was not warm enough to test our A/C units (According to our inspector). (we have 2 1.5 ton units) it was probably about 70 degrees in the home at the time. Our inspector told us the units... View More

Ray Choudhry
Ray Choudhry
answered on Jun 2, 2017

Take a look at the property disclosure form.

1 Answer | Asked in Civil Litigation, Small Claims and Contracts for Illinois on
Q: If i have been helping pay someones rent for four months but can no longer affor to do so can i be made to continue.

I said i would help my ex friend with half of his part which is 175 dollars a month in hope he would find a job and be able to pay full amount on his own. I have been sending him 400 a month sine Feb. 2017. I told him i could no longer do this because of financial problems of my own as i am on a... View More

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on May 31, 2017

No. You are not obligated based on these limited facts.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: Can I back out of a commercial lease contract within a certain amount of time
Steve McCann
Steve McCann
answered on May 22, 2017

The answer to your question depends on the specific facts that are not provided here, such as the language in the contract and the reasons you wish to back out of the lease. I would recommend organizing the contract and all other information relevant to this situation, and consulting with an... View More

1 Answer | Asked in Employment Law, Criminal Law and Contracts for Illinois on
Q: I believe my daughter has been a victim of a Live-in Nanny scam. Is there anything that we can do legally?

She was asked to pay rent and a deposit and work 20-25hrs per week. She was not paid, not even minimum wage. The employer refused to provide a contract as promised. My daughter quit and asked for the return of her deposit. The request was Denied. We have text and facebook posts that support... View More

Ray Choudhry
Ray Choudhry
answered on May 4, 2017

Did she actually pay rent.

If not, was it set off against pay.

Traditionally, live-in nannies don't pay rent.

If there is a receipt for the damage deposit, it may be collectible in small claims court.

2 Answers | Asked in Civil Litigation, Contracts, Family Law and Probate for Illinois on
Q: My uncle pass away on April 24 I took care of him and his business for last 10 yrs do I have right has his care taker
Ray Choudhry
Ray Choudhry
answered on May 4, 2017

Assuming he was disabled, you don't fall in the category of near relative entitled to a statutory claim for taking care of him.

If you were taking care of his business, weren't you getting paid.

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