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Illinois Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I work as a dental hygienist in Illinois. I get paid on commission. (what I produce Minus any deductions)

That Dr will subtract any discounts he gives to patients also. I am required to attend office meetings and training, but was told I will not get paid. He said, "I can not make you come, but if you don't you should look for another job." I am also required to make phone calls and... Read more »

Kyle Anderson
Kyle Anderson answered on May 20, 2020

Are you working more than 40 hours per week when you combine the patients you see, the meetings/trainings, and the phone calls to confirm appointments? If you are, there may be an overtime violation here. Employers can only apply an overtime exemption to an employee it pays exclusively by... Read more »

2 Answers | Asked in Family Law and Child Support for Illinois on
Q: My husband has overpaid his child support

Court ordered support has been withdrawn from paycheck in IL for child residing in OR. IL says he has overpaid around $3200. Oregon says arrears of the same amount and we cannot get anyone to speak with. Just received notice that his stimulus check was kept to put towards arrears. What is suggested... Read more »

Cheryl Powell
Cheryl Powell answered on May 19, 2020

The answer is to go back to the court orders:

$50/wk from x to x

$25/wk from x to x

Make a list. Go to the perpetual calendar if dealing with weeks. Compare the required payments to the payments made. If arrearages are already calculated at one time, go back to that order...
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1 Answer | Asked in Estate Planning for Illinois on
Q: Can you disinherit a minor from your will in Illinois?
Charles E. Hutchinson
Charles E. Hutchinson answered on May 19, 2020

A person can make a claim of disinheritance in their will, yes. It must be an act of affirmation - in other words you need to state that you are disinheriting person "X". The disinherited party would still have an opportunity to show cause to a judge as to why they should take of the... Read more »

1 Answer | Asked in Car Accidents for Illinois on
Q: Rear ended by uninsured driver. Should I take it to small claims court??

My family was rear ended in Jan 2020 and they had no proof of insurance at the time of the accident so it was a mandatory court appearance and we were encouraged to appear. In court he submitted insurance to the court, getting the ticket dropped, but when I submitted our outstanding bills to the... Read more »

Charles Candiano
Charles Candiano answered on May 19, 2020

Go to the prosecutor who handled the Hearing in February and provide him with your correspondence from the other driver's insurance company stating that the insurance was not in effect on the date of the accident.

If the Defendant has any motivation to drive, legally, he will pay...
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1 Answer | Asked in Car Accidents for Illinois on
Q: I hate a question about a car accident

My brother took my car without my permission and another car hit him on the eway. But my brother doesn’t have a license or ID so he ran because he was scared of going to jail. I don’t want to press charges on my brother at all but I want my car fixed. He was able to get a picture of her ID and... Read more »

Charles Candiano
Charles Candiano answered on May 19, 2020

If you can prove that the accident was the fault of the other driver AND if she had insurance, her insurance will pay for your car.

If your brother lives with you and he is not on your policy, you had to expressly exclude him from coverage so your insurance will fight the claim. Even if...
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1 Answer | Asked in Personal Injury and Health Care Law for Illinois on
Q: My McDonald's burger was wrapped and had a glove wrapped with it. Can I sue them for covid health hazard?

We ate more than half the food in the bag. When I pulled out another burger to eat I noticed that there was a full blown glove wrapped with the burger.

Tyler Young
Tyler Young answered on May 19, 2020

I understand how gross this must make you feel.

Can you sue? You can sue anyone for anything, but that doesn't mean you can win. I imagine you'll have a hard time finding a lawyer to bring a claim for this unless you can prove you were injured. Injury might be a long term...
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2 Answers | Asked in Immigration Law for Illinois on
Q: If immigrant adjusts status based on new marriage would conditional residency rules be applicable?

Immigrant remarried soon after annulment while still in conditional residency status obtained through first marriage. Was not able to remove conditions based on first marriage. Now trying to adjust status based on new marriage. If new green card is granted based on second marriage that is less than... Read more »

Mario Musil
Mario Musil answered on May 18, 2020

USCIS will not re-adjust status for someone who has a conditional residence. That person will have to remove conditions. If they are no longer married to the original petitioner, they will have to file a waiver application. I recommend you seek a qualified lawyer for this type of complex situation.... Read more »

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1 Answer | Asked in Criminal Law for Illinois on
Q: Can someone on probation go to jail for threatening to hit a minor
Juan Ooink
Juan Ooink answered on May 18, 2020

Assault is a crime regardless if the person is on probation. If you have been charged with an offense, you need to hire a criminal defense attorney right away.

2 Answers | Asked in Copyright for Illinois on
Q: If I were to use the name of a store with in a tv show for a t-shirt to make a profit. Does that go against copyright?
Bill Hulsey
Bill Hulsey answered on May 18, 2020

Probably. You should seek the approval of the show before selling the T-shirt.

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2 Answers | Asked in Banking, Bankruptcy, Business Formation and Business Law for Illinois on
Q: Hello, I am a business owner. I want to know if bankruptcy is an option for me.

I am a banquet hall business owner. My bank has refused to give me relief on mortgage payments because I was already behind 2 payments due to the increase in property taxes in the county. The bank has filed for foreclosure during covid and intends to appoint a receiver in June 2020. At this point,... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on May 18, 2020

I can't tell from your facts if you are facing a business bankruptcy, a personal bankruptcy or both. However, it sounds like you need a mechanism to stop the litigation and to liquidate debts in an orderly fashion. That is one of the functions of a bankruptcy case. I need to know more about... Read more »

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2 Answers | Asked in Criminal Law for Illinois on
Q: My boyfriend is in Illinois prison for aggravated robbery with covid-19 and his asthma can we get him out sooner
Juan Ooink
Juan Ooink answered on May 18, 2020

You need to contact the attorney that assisted him with his case. That attorney will have all of the needed information in order to see if there is anything that can be done.

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1 Answer | Asked in Real Estate Law and Environmental for Illinois on
Q: How long do we have to sue the previous home owner if we suspect they knew about mold in the home?

We have been in the home for about a year and a half (2 years at the end of August) and my children and I are starting to have respiratory and other issues that we believe may be because of airborne mold due to water damage that we believe the previous home owner covered up and then we uncovered... Read more »

Robert Shipley
Robert Shipley answered on May 18, 2020

Based upon your description, if water damage/water infiltration issues are present and that history was denied by the seller, there may be an action for fraud and depending on the nature of the sale, for violations of the Consumer Fraud Act. The real estate contract must be reviewed as well as an... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: Is it possible to reject the pending asylum case in the immigration court due to a traffic violation?

Aggravated speed violation reduced to patty offense, court supervision and bond signature. But I did not go to custody The case was resolved in this way

Robert Roy Klein
Robert Roy Klein answered on May 17, 2020

Only crimes involving moral turpitude. Traffic violations are not considered moral anything. The officer and the judge will want to know about it though. Keep all papers, including any fines paid and classes taken, to show the officer and judge.

3 Answers | Asked in Criminal Law for Illinois on
Q: Need help I can afford 1000 down and 500 a month but can find no willing attorneys for 2019cf270 fir Franklin county
Cheryl Powell
Cheryl Powell answered on May 17, 2020

You appear to be seeking assistance with hiring a lawyer. This is not such a forum. In this forum, simple questions can be posed and simple answers can be given. Your request is beyond the scope of this forum.

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2 Answers | Asked in Domestic Violence for Illinois on
Q: I live with my parents. My father's sister owns the house, can we get a restraining order against my mother?

She doesn't have a job and owns nothing nor does she pay any bills. She is a frequent drug abuser and constantly goes on rampages and destroys the house. she also threatens to fight people in the house and puts my one-year-old daughter at risk for danger.

Cheryl Powell
Cheryl Powell answered on May 16, 2020

Yes, but for the rampages, destoring the house and putting your daughter in danger, not for the other issues.

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1 Answer | Asked in Family Law for Illinois on
Q: I’m 7 months pregnant

and an ex stopped by I knew better than to let him in I have changed all my people places and things that should not of answered the door but I used methamphetamine’s for four days am I gonna lose my baby when it’s born

Cheryl Powell
Cheryl Powell answered on May 16, 2020

It depends on whether u or the baby test positive when the baby is born.

3 Answers | Asked in Criminal Law for Illinois on
Q: I have noticed that many counties are offering their jail inmates extremely light sentences

Are they going to offer the productive people out on bond the same thing if not I need help on a 2019 CF 270 case out of Franklin County

Juan Ooink
Juan Ooink answered on May 16, 2020

You need help regardless. You need to hire a criminal defense attorney right away. You are facing Felony charges and this is not something you want to play games with. Hire an attorney now.

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1 Answer | Asked in Medical Malpractice for Illinois on
Q: Hi, I was curious if have a case. When I had my daughter last year I had an epidural which caused a spinal headache.

The day after my delivery I received a blood patch and the anesthesiologist that preformed the procedure was off. He didn't want to do, he was not very present while doing it, said he'd be back in 20 minutes but didn't come back for a couple hours and didn't really care that I... Read more »

Tim Akpinar
Tim Akpinar answered on May 16, 2020

An Illinois attorney could advise best on this, but your post remains open for three weeks. You could contact Illinois med mal attorneys to see if they would offer a free initial consult. If an attorney felt that you might have the grounds for a claim, they could request your records and review... Read more »

4 Answers | Asked in Traffic Tickets for Illinois on
Q: Hi everyone. I have a question of this. I had a ticket from Mclean County..

Hi everyone. I have a question of this. I had a ticket from McLean County in last November 27th. I paid the ticket already and done with the Traffic School already. My ticket are No Court Appearance Required also. So last 3 months ago I was checked my case on online that say I have Court... Read more »

Juan Ooink
Juan Ooink answered on May 16, 2020

It seems they did not get notice that you completed your Traffic Safety School. Most Counties, are terminating Court Supervision satisfactorily, if all conditions of the sentence have been met and they have proof in the court file. If there is now proof, they are extending the termination dates due... Read more »

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1 Answer | Asked in Divorce for Illinois on
Q: got tangled in friend's divorce Friend filedfordivorceHerhusban Subpoenaed meforallrecordsofconversation since1/1/20

Friend's lawyer appealed to quash the subpoena against me and obtain protection order

Judge said "The petitioner motion to quash respondent's records subpoens issued to independent witness,XYZ is granted in part and denied in part.The Respondentmay issue a records subpoena to... Read more »

Cheryl Powell
Cheryl Powell answered on May 15, 2020

When you get the amended subpoena, you have to comply with it.

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