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Illinois Small Claims Questions & Answers
1 Answer | Asked in Consumer Law and Small Claims for Illinois on
Q: Hired a mechanic to work on my car after leaving I noticed my car wasn’t working well got it checked out and it’s broken

The mechanic had to move everything out in order to fix my transmission but I believe while doing that he messed something up because after that my cars Turbo started to fail (never had a problem with it) now I have a broken car and 3.6k down the hole. I called him and told him this and he took the... Read more »

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

Well, it appears that the mechanic did not do his job correctly. If the mechanic cannot fix the problem or reimburse you for your expenses, I would suggest litigating this matter in Small Claims Court. If the mechanic is unresponsive, you can let him know that you plan to file a case in Small... Read more »

1 Answer | Asked in Family Law and Small Claims for Illinois on
Q: I have been married to my husband for 25 years. I caught him having an affair for a year. Can I sue her for anything?

She was very aware we were married. I just feel she needs to be held accountable as well!

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Aug 2, 2022

No, you cannot. Illinois abolished its Alienation of Affection law a couple of years ago.

1 Answer | Asked in Bankruptcy and Small Claims for Illinois on
Q: I was told a debt lawyer was pursuing a lawsuit. How much time do I have until I'm served a summons. I live in Illinois

I plan on paying the debt. I just need to know how much time I have until the summons.

Timothy Denison
Timothy Denison
answered on Aug 1, 2022

Impossibly to say. Probably anywhere from a day to a month or two. Just depends how quickly he gets it moving.

1 Answer | Asked in Real Estate Law and Small Claims for Illinois on
Q: Need help petitioning for surplus funds
Erik K Jacobs
Erik K Jacobs
answered on Jul 19, 2022

Are you referring to surplus funds that have been deposited with the Circuit Clerk after a foreclosure sale?

Erik Jacobs

Erik K. Jacobs | Cicero, France & Alexander, P.C.

6323 E. Riverside Blvd, Rockford, IL 61114

(815) 226-7700 |  (815) 226-7701 Fax...
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1 Answer | Asked in Consumer Law, Personal Injury and Small Claims for Illinois on
Q: can a sue a car repair shop for breaking a part on my truck and not fixing it they have had it for 2 months

whatever they broke now its going to cost $5600 to fix and they will not take my calls and they have had the truck for over 2 months now I have already paid $1782.00 for the heater core and now the computer is not working and the truck will not start they still have the truck and said it will be... Read more »

Charles Candiano
Charles Candiano
answered on Mar 31, 2022

Maybe. Before you go down that road, your best advice may be to have the car towed to the dealer before anything else is done. The dealer can tell you whether the heater core was properly installed and they should be able to explain how it would be possible to damage the computer while performing... Read more »

2 Answers | Asked in Personal Injury, Traffic Tickets and Small Claims for Illinois on
Q: Acciden w/ an at fault driver w/ no insurance, pleading not guilty and has a B trial w/ lawyer. Should I get lawyer 2?

There was only property damage. I only have uninsured bodily damage, not property. I was never contacted to go to court, but I went for the first appearance and was told if I didn't show up for the trial, the other drivers case would be dismissed. Shouldn't the officer be there to testify... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 25, 2022

Unless the officer witnessed the accident/collision he has no personal knowledge of how the accident occurred-----that is why you would need to testify at the trial on the traffic ticket. You can contact a lawyer in your area to discuss the pros and cons of attending the trial on the traffic... Read more »

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2 Answers | Asked in Car Accidents, Domestic Violence and Small Claims for Illinois on
Q: My ex has my car that i paid for. He has the car because both names are on the car. He totaled it and wants the title.

There is a restraining order so this is why it’s difficult. What do i do about the car situation and the title? I believe he’s getting money from the insurance company.

Chase Van Oostendorp
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Chase Van Oostendorp
answered on Jan 13, 2022

Is your ex your ex husband? If so, does the Divorce Decree state who retains possession of the vehicle? Is the restraining order against you or your ex?

These factors will have an impact on what your relief may be in this situation.

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1 Answer | Asked in Small Claims for Illinois on
Q: I’m in Illinois & I received a citation to discover assets notice for a alleged debt I wasn’t aware of until recently.

I recently found out about the suit & am trying to weigh my options. I’m thinking of motioning for an exemption/dismissal since I wasn’t served properly & my debt was sold to collections.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 15, 2021

It appears that without proper and requisite knowledge of all your legal rights and obligations you will find yourself in a much worse legal position if you proceed without a competent civil law litigator licensed in Illinois.

2 Answers | Asked in Employment Law, Workers' Compensation and Small Claims for Illinois on
Q: Is 820 ILCS 105/1-15 does not protect commercial drivers in the state of IL?
Charles Candiano
Charles Candiano
answered on Aug 26, 2021

It protects ALL employees who are Illinois residents.

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1 Answer | Asked in Tax Law, Divorce, Identity Theft and Small Claims for Illinois on
Q: Can I be forced to pay back the money my soon to be ex husband gave by court order when he filed joint tax return?

We are going through a nasty divorce which entails financial abuse, psychological abuse, mental abuse and sexual abuse. I told him and his then attorney (now fired or she quit, not sure which) that I was not going to file a joint tax return. I found out that he filed a joint return without my... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Apr 14, 2021

Your question is difficult to answer because your husband could not have filed a joint return properly without obtaining your signature on the joint return.

1 Answer | Asked in Traffic Tickets and Small Claims for Illinois on
Q: If appealing a traffic fine has expired am I able to take to small claims to resolve to sue the city

Owe $100 for a red camera fine. I contested and lost. It is impossible to get general help to appeal online from the law library as to what forms to appeal etc

Maurice Mandel II
Maurice Mandel II
answered on Jan 26, 2021

IMO- NO. What you are suggesting is a "collateral attack" on your traffic conviction. No state allows this. If you had a statutory time to appeal and missed it for a valid reason or the time to appeal was suspended due to COVID you should hire an attorney to represent you and make the... Read more »

1 Answer | Asked in Traffic Tickets and Small Claims for Illinois on
Q: Would small claims resolve my traffic fines

I don't see how going through the administrative hearing to appeal a Zoom judge opinion of me owing a fine would help any.

So I want to sue the municipal with all the stuff I've been reading about feds probe red light programs in state and around the country

Juan Ooink
Juan Ooink
answered on Jan 13, 2021

You first have to exhaust all other avenues of relief which includes appealing the administrative matter accordingly.

1 Answer | Asked in Foreclosure, Probate and Small Claims for Illinois on
Q: How to get letter of administration?
Erik K Jacobs
Erik K Jacobs
answered on Nov 19, 2020

In order to receive Letters of Administration, you must first open a Probate Estate. I'm assuming that the decedent did not have a will, so you will be opening an intestate estate. You will need to provide an Affidavit of Heirship, an Oath and Bond, a Petition to Probate the Intestate Estate... Read more »

1 Answer | Asked in Banking, Contracts, Small Claims and Probate for Illinois on
Q: How to get letter of administration for wife whose husband died for the mortgage bank, for specific info, letter needed

The lake county clerk’s office said they are not giving those out letters out which is impossible

T. J. Jesky
T. J. Jesky
answered on Nov 16, 2020

A petition, affidavit, consent of the remaining heirs and other papers need to be filed with the Probate Division of the Circuit Court. Once the Probate Judge reviews all of the papers and they are in good order, he/she will make the appointment of independent administer.

1 Answer | Asked in Traffic Tickets and Small Claims for Illinois on
Q: If I contest a red light camera by mail and lose and been struggling financially could I sue the city in small claims ?

Read factual news that state officials have banned red light cameras but some cities still use the corrupt program

Juan Ooink
Juan Ooink
answered on Sep 25, 2020

You can sue anyone at anytime for anything, but that does not mean you will be successful.

1 Answer | Asked in Criminal Law and Small Claims for Illinois on
Q: I keyed my ex boyfriends car and he is now trying to sue me

I found out my bf was cheating on me and out of rage I keyed his car. He asked for $400 to repair damages, and agreed that if I paid him immediately he would not pursue legal charges. I gave him the money and went our separate ways. He is now harassing me to get back together and I declined. he is... Read more »

Juan Ooink
Juan Ooink
answered on Aug 21, 2020

Civil matters do not carry an jail time but if he reports this matter to the police, you are looking at a Misdemeanor offense at the very least. Also, you should never admit to an offense online. If possible, you should figure out a way to remove this post.

1 Answer | Asked in Small Claims for Illinois on
Q: I was never issued a debit card from unemployment but the unemployment site says that I have been issued 3payments.

What can I do? I call weekly and keep getting the same answer of someone will call me back or they'll send an email.

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

If you have an open claim, check the payment method on the unemployment site. You may have direct deposit setup. You can change that. If you had direct deposit setup for a prior claim, the unemployment department (IDES) still may have that on file even if you no longer have that account. You may... Read more »

1 Answer | Asked in Real Estate Law, Small Claims, Contracts and Landlord - Tenant for Illinois on
Q: If a lessee hosts a roommate (no lease, roommate agreement only), who has standing to sue the roommate for unpaid rent?

If a tenant who has a lease with the property owner is given full control to choose roommates and determine all terms of the roommate agreements, who can sue the roommate for unpaid rent?

The lease-holding tenant has the right to sue based on terms of the roommate agreement, I would... Read more »

James Kottaras
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James Kottaras
answered on Jul 23, 2020

Depending on the terms of your "roommate agreement," which I assume would be similar to a sublease form, you should be able to sue the roommate for unpaid rent owed to you.

The landlord/owner may not be able to sue the roommate for his portion of the unpaid rent, but if you have...
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1 Answer | Asked in Small Claims for Illinois on
Q: If caterer closes before wedding do we have a right to get our money back?

Paid over 3000 dollars. Wedding postponed till next year because of virus. The caterer put on their Facebook page that they have closed. Phone doesn't work. Can we get money back?

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2020

An Illinois attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the terms of the underlying agreement. There is no universal answer that applies nationwide. Some of the relevant elements would include how the contract defined certain... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights, Constitutional Law and Small Claims for Illinois on
Q: You My dog and her two puppys were taken from there home when someone broke into my house and let them out .

You

My dog and her two puppys were taken from there home when someone broke into my house and let them out . Animal control kept them for 2 months with my only option being to wait for court and the judges decision... court finslly came and i asked the judge and the ASA told the judge i was... Read more »

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Jul 13, 2020

You will have to sue Animal Control for violating your civil rights. Talk to a civil rights attorney in your area.

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