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Illinois Small Claims Questions & Answers
1 Answer | Asked in Consumer Law, Banking, Business Law and Small Claims for Illinois on
Q: I disputed a transaction involving 2 charges with my credit card co. A credit was given for 1 charge but not the other.

This dispute involved the same set of facts and documents. Since it involved 2 charges, 2 separate reviewers were assigned to my dispute. One reviewer granted a permanent credit for 1 charge. The other reviewer closed the dispute for the 2nd charge without a credit and said I was responsible for... View More

Matthew McKenna
Matthew McKenna
answered on Jun 13, 2024

I would contact a consumer protection attorney that is familiar with the Truth in Lending Act. Depending on the circumstances, you may have a case and a consumer protection attorney will likely offer you a free consultation and may not charge you anything up front if there is a case to bring.

1 Answer | Asked in Landlord - Tenant, Military Law and Small Claims for Illinois on
Q: Roommate in the military left without paying rent owned and left property in the room. How should we take legal action?

There is a someone who rented with us but blocked our contact after not fully moving out to avoid payment.

This person is in the army but we do not know the base contact. What would be the best way to approach getting

the money back? I'm not sure if going straight to small... View More

James L. Arrasmith
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answered on Feb 25, 2024

In Illinois, if a roommate in the military has left without paying rent and left their belongings behind, one of the first steps you can take is to send a formal demand letter for the unpaid rent. This letter should detail the amount owed, the agreement under which it is owed, and a deadline for... View More

2 Answers | Asked in Consumer Law, Small Claims, Bankruptcy and Collections for Illinois on
Q: Can I continue to use my capital one credit card in good standing, even if I have a default judgment with discover card

I owe discover card 6000 dollars. They recently in April 2023 have a default judgment against me in cook county circuit court, in illinois. Chicago. I have a court case in September for citation to discover assets. I know they ask about my bank accounts, savings, etc.. Does the creditor in... View More

James L. Arrasmith
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answered on Sep 8, 2023

In the citation to discover assets proceeding, the creditor will indeed inquire about your financial situation, which may encompass your credit card accounts and the balances you owe. While there are no explicit rules prohibiting the use of other credit cards, it may potentially cast you in an... View More

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1 Answer | Asked in Consumer Law and Small Claims for Illinois on
Q: I want to sue a company in Illinois for theft. Would you connect me with an attorney to help me do that?

From may 10 to June 14 over 4 settlements as a contract lease operator for a trucking company 3015.44 is missing from my settlements unaccounted for.

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2023

An Illinois attorney could advise best, but your question remains open for three weeks. It might be difficult for attorneys here to connect you with an attorney like you ask for. This site doesn't work like an attorney referral service. It's basically a Q & A format. The closest thing... View More

2 Answers | Asked in Consumer Law and Small Claims for Illinois on
Q: Hello, I received a package that was in total value of 3k.Item was shipped 12 hours after the cancelation and refund

Company acknowledged cancelation and then the package was shipped out 12 hours later. I'd imagine it was the following day. On the 13th it was delivered . I believe I should be offered some sort of discount to just keep the item considering the amount of stress this situation caused but the... View More

T. Augustus Claus
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answered on Jul 14, 2023

if the cancellation was processed and the refund issued before the package was shipped, you may have grounds to keep the package without any further obligations.

However, if the cancellation and refund were processed after the package was already shipped or if the company's policy...
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1 Answer | Asked in Real Estate Law and Small Claims for Illinois on
Q: Can a stepmother evict you from a property that was given to me after my father's death.

My stepmother gave me a property after my dad's death and now she is taking me to eviction court and the papers say possession only.

Erik K Jacobs
Erik K Jacobs
answered on Dec 20, 2022

I'm unsure of what you mean when you say she "gave" you the property. Did you receive a Deed to the property? I'm guessing not. If you were given a deed, then she would not be able to simply evict you.

Was the home held by your stepmother and father as joint tenants...
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2 Answers | Asked in Criminal Law, Legal Malpractice and Small Claims for Illinois on
Q: Can i sue or file a complaint against this county

Recently i took a plea for a criminal case and received the final disposition now my license and other things have been suspended due to this case that wasn’t involved in the disposition my license is my way of working and the courts new this

James G. Ahlberg
James G. Ahlberg
answered on Dec 13, 2022

It sounds like the consequences of your guilty plea were not fully explained to you. If this is true AND if your guilty plea was entered within the past 30 days contact an attorney immediately. He or she will need to file a motion to withdraw the plea based upon inadequate explanation of the... View More

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2 Answers | Asked in Criminal Law, Legal Malpractice and Small Claims for Illinois on
Q: Can i sue or file a complaint against this county

Recently i took a plea for a criminal case and received the final disposition now my license and other things have been suspended due to this case that wasn’t involved in the disposition my license is my way of working and the courts new this

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 13, 2022

There is no case against the county. The court protocol of accepting a guilty plea is to place that plea on the record with a clear explanation of its terms, conditions and collateral effects on one's life. Also, that plea is given "freely and voluntarily," with all understanding on... View More

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1 Answer | Asked in Small Claims for Illinois on
Q: will a handwritten promise to pay stand up in court

no police report

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2024

An Illinois attorney could advise best, but your question remains open for three weeks. It could depend on the credibility of the note, the amount at hand, and the discretion of the judge. Good luck

1 Answer | Asked in Real Estate Law and Small Claims for Illinois on
Q: I sold property and new is suing me what do I do

I have court date

Anthony M. Avery
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answered on Jan 15, 2024

You will need an IL attorney to represent you. Time is limited or a default will occur.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Illinois on
Q: Can I be criminally charged in Illinois if an online Facebook buyer says I sold them a different product than advertised

I was selling a product on Facebook Marketplace. I agreed through Facebooks platform to meet this buyer at a local restaurant and sell them my product. The buyer and I meet on this restaurants property in the parking lot. I never get out of my vehicle. The buyer walks up to my car window and argues... View More

T. J. Jesky
T. J. Jesky
answered on Oct 15, 2023

Stop losing sleep over this incident. You were assaulted by the Buyer. I believe the District Attorney and police have more important matters to pursue. As far as selling the product, this appears to be a civil event not a criminal event. Again, stop losing sleep.

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Litigation and Small Claims for Illinois on
Q: My ex and teenage daughter took my cat (she says it's hers). How do I start the process of getting my cat back?

It happened when I was out of town, so they sneaked over. Totally out of character for my daughter, but I'm not surprised my ex was involved and driving the getaway vehicle!

Jeffrey Li
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Jeffrey Li
answered on Jul 8, 2023

As pets are considered property in IL, you should start with filing a police report. Then to regain the property, you will have to file the matter in court against your ex and your daughter.

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... View 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... View 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
J. Richard Kulerski
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... View 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... View 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... View 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... View 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
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.

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