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Illinois Small Claims Questions & Answers
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
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
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.

1 Answer | Asked in Small Claims for Illinois on
Q: Hi my home warranty company is making excuses to avoid covering the A. C. unit costs, repairs

The last owner that sell the house for me, he gave me the home warranty,

George W. Svoboda
George W. Svoboda answered on Jun 29, 2020

The answer to your question depends on many facts that you haven't provided and the terms of the home warranty agreement. The warranty company may be breaching its agreement, but it is not clear. In small claims court, you can only sue for monetary damages, not specific performance. So, make... Read more »

1 Answer | Asked in Juvenile Law and Small Claims for Illinois on
Q: Me and my mom cosigned a car together, if I take the car and don't pay my half of the car, can she do anything

I am 17 years old and I don't want to see my mother when I leave my home to go to college. I begged my mum to let me buy a 3000 dollar car, instead, she bought a 20k car and now I pay 150 a month and she does too. I work part-time and make less than 400 a month. When college begins I... Read more »

Cheryl Powell
Cheryl Powell answered on May 7, 2020

Typically, a car cannot be owned by a 17 year old, so her name must be on the title. Is yours on there too? If you stop paying, then she may stop paying, and the car will likely be repossessed.

3 Answers | Asked in Criminal Law and Small Claims for Illinois on
Q: I feel I have a attempted murder case who can I talk to the help...
James G. Dimeas
James G. Dimeas answered on Apr 27, 2020

I don't quite understand your question. If you are charged with Attempted Murder you will need a lawyer to represent you. If you believe that you are a victim you should call the police and file a police report.

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1 Answer | Asked in Health Care Law and Small Claims for Illinois on
Q: My father has life threatening health issues. His Dr told him he can't be treated 4 years ago can he go to court?

Dr told my father he should be dead by now and he can't treat him. And threatened him. Can he take him to court even though it happened years ago?

Tim Akpinar
Tim Akpinar answered on Mar 17, 2020

I'm sorry for your father's ordeal. An Illinois attorney would need to answer this question, as it goes to the element of timeliness under the statute of limitations for filing a lawsuit, which is a state-specific element of procedural law. But your post remains open for three weeks. Four... Read more »

1 Answer | Asked in Divorce and Small Claims for Illinois on
Q: Divorced 16 months, he hasn't taken my name off mortgage as ordered, he hasn't paid mortgage for 3 months.

My credit is starting to suffer, I feel I cant move on, how do I stop his perpetuation of this, do I have monetary recourse for credit issues? I just want off of the mortgage. Thank you.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 4, 2020

This is a very common problem. You have to take him back to court on a Rule to Show Cause as to why he shouldn't be held in contempt of court for failing to refi. However, the court is not likely to hold him in contempt if he can prove he earnestly tried to refi, but couldn't get a lender... Read more »

2 Answers | Asked in Employment Law, Gov & Administrative Law and Small Claims for Illinois on
Q: Should I contact a lawyer first about reporting wage & labor disputes with my employer?

I worked for a restaurant chain since 2013. I was hired for 1 hourly position at a specific rate, then cross-trained & given promotions w/raises over the years. I've had issues for years with my time clocks being manually edited by different mgers, i was paid incorrect rates than what i... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 4, 2020

You should immediately reach out to an employment lawyer to discuss potential claims under the Fair Labor Standards Act and Illinois law. If you were not paid at least minimum wage (hourly rate & tips combined) for all hours worked, and you were not paid overtime for all hours you worked in... Read more »

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3 Answers | Asked in Employment Law, Workers' Compensation, Public Benefits and Small Claims for Illinois on
Q: Can I file for TTD benefits while I work w/ a laywer to file workmans comp if my employer wouldn't report my injuries?

After an incident at work over the holidays I saw my DR & found out I have bilateral carpal tunnel w/severe damage in my right wrist. She advised me not to return to work until after seeing an orthopedic specialist for possible surgery. I told her that I couldn't afford to & she agreed... Read more »

Steven Sigmond
Steven Sigmond answered on Mar 4, 2020

Yes, you can.

As long as you've reported the work-injury to your boss right away (and you have), you have up to three years to file a workers compensation case. Your employer can't file the case for you. All they can do is turn the matter over to their insurance company or not....
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1 Answer | Asked in Criminal Law and Small Claims for Illinois on
Q: Sold a car the person owes me 1000 and is now going to prison what can I do?

I sold a car and the person was making payments to me for the car. Now she has gotten a DUI and possesion of drugs and is going to prison. The car was impounded. I had her sign something saying she would pay me $1400 for the car ive recieved $400. What can I do to get the rest of my money back? I... Read more »

Juan Ooink
Juan Ooink answered on Feb 5, 2020

You could always file a small claims law suit against her, but you may have difficulty collecting.

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