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Illinois Small Claims Questions & Answers
1 Answer | Asked in Consumer Law, Small Claims and Contracts for Illinois on
Q: Bought a used car from a dealer that ended up having problems. Is there any action I can take to receive reimbursement?

-Dealer insisted that car was in very good condition, despite not being "certified pre-owned"

-Car battery failed 2 weeks after buying. Dealer insisted battery was good for another couple years.

-Engine started having immediate issues. Cost $200+ so far in repairs.

-Leak in... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 16, 2019

Sounds like you just ran up against the oldest advice ever given concerning buying used cars (and many other things in America): "Caveat emptor" which means "let the buyer beware."

Based upon your set of facts I am unaware of any form of relief available--and that would succeed--in you...
Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Illinois on
Q: In the of Illinois. Do I have to return a Promise Ring to an boyfriend?

He now wants the ring, claiming he is paying on it.

But also, he is back with his ex girlfriend.

Edward X. Clinton, Jr
Edward X. Clinton, Jr answered on Jun 7, 2019

No the ring was a gift voluntarily given to you. It's yours.

1 Answer | Asked in Small Claims for Illinois on
Q: Hi there, if I wanted to sue an auto repair shop for fraud, what type of lawyer would i need to hire?

I'm planning on taking California Mufflers & Brakes to small claims court for auto repair fraud. Do you have a list of lawyers?

Steve McCann
Steve McCann answered on Mar 14, 2019

If you are seeking a lawyer to sue an auto repair shop for fraud, I recommend hiring an attorney with experience in civil litigation, specifically with experience with the Illinois Consumer Fraud and Deceptive Business Practices Act. That said, I recommend you organize everything in your... Read more »

1 Answer | Asked in Small Claims for Illinois on
Q: Carry and conceal class accidentally shot through my place of employment. What do I do to make sure something is done
T. J. Jesky
T. J. Jesky answered on Oct 2, 2018

This is serious. Some one could have been shot or even killed. Did you report this incident to the police.

As far as personal damages, you have a serious civil case against the shooting range. Your first step is to notify them. They should pay for damages immediately, with the fear that...
Read more »

1 Answer | Asked in Car Accidents, Personal Injury, Products Liability and Small Claims for Illinois on
Q: I was sold a vehicle which I was told had no damage . i later found out in had frame damage.Can I sue for product liab?

I was involved in an accident. I hit a parked car , however the entire vehicle flipped causing me to be hospitalized, I lost wages at work, etc. I later found out the car had frame damage which played a huge role in why the car flipped instead of staying upright.

Steve McCann
Steve McCann answered on Aug 29, 2018

It is certainly possible you have a viable cause of action, as well as the ability to recover for the personal injuries sustained. However, the chances of recovery are dependent on specific facts that are not provided here, such as the details around the collision and the applicability of various... Read more »

1 Answer | Asked in Small Claims for Illinois on
Q: How do I retrieve coins, savings bonds, etc. (gifts from family) from a parent who refuses to give them up willingly?

My mother and I have been estranged for years. She will not willingly give me all of the coins, savings bonds, etc. that were given to me as a child by my grandparents, aunts, and uncles, etc. How do I compel her to do so legally? I also have other property (collectibles in the form of Tonka... Read more »

Ray Choudhry
Ray Choudhry answered on Apr 12, 2018

If you have proof, then you should sue her to recover the property.

There is a special kind of lawsuit for that.

1 Answer | Asked in Family Law and Small Claims for Illinois on
Q: Can my mom take my car? The car is in my step fathers name.

I am 29.I’ve have my car for a year. I never been late on my payments. However, ever time my mom gets mad at me she threatened me about taking the car I pay for every month. I ask my step father do he want to take the car. He told me no but my mother have control over everything. What can I do?... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 14, 2018

You don't say how old you are. If you're 18, you're an adult and your mother can't do this. Also, if you're 18 your step-father can put the car in your name. If you're not 18 yet, your mother may legally have a great deal of control over you, but I don't think it includes having her tow a car... Read more »

1 Answer | Asked in Small Claims for Illinois on
Q: Do i need lawyer for small claims court?

I am being sued by credit card co. I owe the amount should i try to settle out of court? My husband is worried they will take advantage of me.

Steve McCann
Steve McCann answered on Mar 2, 2018

I would highly recommend consulting with a lawyer immediately, as it is quite possible you will be taken advantage of if you are not represented by counsel. Further, there may be some violations of the Fair Debt Collection Practices Act, or other mistakes made by the credit card company that your... Read more »

2 Answers | Asked in Car Accidents, Civil Rights and Small Claims for Illinois on
Q: What kind of a lawyer do I need to get

I had no car insurance on my vehicle and my boyfriend was driving my car and he was not insured at the time either.. I only have sr22 that’s it.. he got in a very bad car accident and hit another vehicle.. the guy he hit was in the hospital for only 3 days and now he wants to sue me because it... Read more »

Steve McCann
Steve McCann answered on Feb 23, 2018

You need an attorney who specializes in civil litigation, specifically related to automobile accidents. If you did not have insurance at the time, you will need to hire one of us in private practice. I would recommend acting quickly, as there may be a chance you can work out a deal prior to the... Read more »

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1 Answer | Asked in Family Law, Juvenile Law, Small Claims and Criminal Law for Illinois on
Q: Am I legally required to report a friend who has taken advantage of a relative a long time ago?

Hello,

A friend of mine told me that when he was younger (at least 4 years ago, most likely 5 or more) he had "taken advantage" of his sister (I think they were both minors). At the time he and his sister lived in Illinois, now he lives in New Mexico. My question is this: am I required to... Read more »

Cheryl Powell
Cheryl Powell answered on Nov 5, 2017

No. If you were a mandated reporter, maybe. Apparently you are not.

1 Answer | Asked in Real Estate Law, Tax Law, Collections and Small Claims for Illinois on
Q: i need help drafting a letter to my home's sellers, the prop tax amount changed enough that i should receive a credit

do I just write them a letter? is there a timetable/should i set a deadline?

Steve McCann
Steve McCann answered on Oct 25, 2017

If you are engaging, or have engaged in a real estate transaction, you should be represented by an attorney. The fees are minimal and the benefits can be immense. All of your questions regarding the transaction should be directed to your attorney who will calculate the proration and resolve this... Read more »

1 Answer | Asked in Consumer Law, Sexual Harassment and Small Claims for Illinois on
Q: I purchase 4 used appliances and have only recieved 2 and told i had to pay more after i paid in full what can i do

The owner flirt with me text and pics but when i did not comply he asked for more money and still has not delivered my products... he contantly makes excuses .....i paid him more so i now have 2 reciepts and still dont have all i paid for

Steve McCann
Steve McCann answered on Sep 14, 2017

Do you have a contract the for the sale of the appliances? If so, that will primarily govern the transaction. If you do not, organize all information relevant to this situation, including any and all communication with the seller, and consult with an attorney individually for a consultation to... Read more »

1 Answer | Asked in Small Claims and Landlord - Tenant for Illinois on
Q: In IL Can I tow a tennants vehicle after serving a 5 day notice after the 5 days? or do I have to wait until the end?
Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

You should absolutely wait until the end and until after you have a judgment for possession for the premises.

1 Answer | Asked in Small Claims for Illinois on
Q: Can I be taken back to court for a small claim case that was already dismissed? I appeared but the plaintiff did not.

I was being sued by a finance company for the balance of a reposessed vehicle. I live in Indiana but they are out of Illinois. I appeared in court, they did not. The judge then dismissed the case. Two weeks later I receive a letter showing that they filed a motion to vacate the dismissal. I feel... Read more »

Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

If you would have been defaulted, the court would almost certainly allow you to vacate the default if you moved to do so within 30 days. Courts prefer for disputes to be decided on the merits rather than on a default basis. You should consider hiring a lawyer to defend your position. Good luck.

1 Answer | Asked in Personal Injury, Consumer Law and Small Claims for Illinois on
Q: Need to find a lawyer to represent me.

Just came out of small claims court for what I thought was an closed case in my favor against Comcast. The case against Comcast was because during a service call, their service people did something to cause the circuit breaker to trip while I was home at the time and which then after investigating... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2017

Some DJ's feel you need an expert report from the computer people to say what caused the computer to malfunction.

File a complaint with the AG's office of consumer affairs. You can file an appeal of your case within a set period of days, but trying to hire an attorney looks to be a losing...
Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Car Accidents and Small Claims for Illinois on
Q: Would mailing a certified demand letter to avoid court to a person that caused damage to my car retaliate?

An elderly person caused damage to my vehicle in a parking lot. Only have liability.

Peter N. Munsing
Peter N. Munsing answered on Jun 24, 2017

Not sure about your question. You want to contact their insurance. If they don't have any, you can then send them a demand letter with two estimates for the cost of repairs. If they dont' respond and don't have insurance you can notify DMV, and /or go to small claims.

1 Answer | Asked in Family Law, Child Support, Civil Litigation, Divorce and Small Claims for Illinois on
Q: Can I appeal decision on small claims court in McHenry Cry IL? And party was awarded $37k I read MAX award is $10k ?

I wasn't even given opportunity to give the facts I had on 7 different claims within 1 case brought to a judge in McHenry Cry, IL small claims court.. The way I read it , I can appeal within 30 days of the judgement, is that correct? Also isn't the max award sought in small claims court capped... Read more »

Ray Choudhry
Ray Choudhry answered on Jun 12, 2017

You were doing pretty good until you threw in "divorce".

Looks like this is more than small claims.

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... Read 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... Read more »

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

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

1 Answer | Asked in Small Claims and Contracts for Illinois on
Q: Can someone take you to court for selling them a phone that stopped working after it was in their possession?

I sold someone a phone. He checked it to make sure it was working and it was so he gave me the money and took the phone. After it was in his possession he messaged me saying it wasn't working and he wants his money back and that he went to the police and they said that I can give him his money... Read more »

Ray Choudhry
Ray Choudhry answered on Apr 26, 2017

The question is whether it was defective when you sold it.

If he sues you, the judge will have to sort it out.

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