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Illinois Questions & Answers
1 Answer | Asked in Car Accidents for Illinois on
Q: Diminished Value on a suv because of a delayed reporting on a crash. Bought a 2017 Jeep Grand Cherokee, used, carfax

showed no accidents, and two years later, during a repair, discovered it had been involved in a left frontal accident, checked carfax again, and it was reported a year later after my purchase?

Charles Candiano
Charles Candiano
answered on Jun 30, 2022

Though it is true that a car has diminished value once it is involved in an accident, the amount by which the value is diminished varies widely. Illinois law provides for you to make a claim for diminished value on vehicles that you own. On your facts, this vehicle was involved in an accident... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Identity Theft and Land Use & Zoning for Illinois on
Q: First of all house. My house at 7229 South Harvard in Chicago they took me to court I w o n of my case a rule 23 return

The managers in the work program man have stole all my stuff then I got me to the other building they change my rent to $1,000 or $37,000 I they won't take me to court and I can't get nobody help me how to build a change my property my unit told me I wasn't the owner but they... Read more »

Charles Candiano
Charles Candiano
answered on Jun 23, 2022

Please read:

You must ask a coherent question or NOBODY can help you.

Reciting rambling facts with no syntax wastes your time and ours because it is unintelligible.

Never use proper names in an online post. Your question is supposed to be anonymous.

1 Answer | Asked in Real Estate Law for Illinois on
Q: My husband has power of attorney of his father's finances. Does he need his father's signature for a quit claims deed?

There is no mortgage or liens on the property. The property needs to be rehabbed as it has mold and other issues.

Erik K Jacobs
Erik K Jacobs
answered on Jun 22, 2022

Well, this is a tricky situation. First, is your father-in-law competent? If so, then he should handle the transaction on his own. It is much cleaner that way. If he is not competent, then an important question would be "who is your father-in-law quit claiming the property to?" If it... Read more »

2 Answers | Asked in Contracts, Personal Injury and Construction Law for Illinois on
Q: A guy wants to take my old barn down. What can I do to make sure I'm not liable for accidents etc? ILLINOIS

Agreed he could have half the wood.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jun 20, 2022

Make sure that you have a written agreement. Although I don't see this work as falling under the Home Repair and Remodeling Act, the act requires written contracts for work in excess of $1,000. That should be a tip that a written agreement may be useful here. Have the contractor agree to... Read more »

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1 Answer | Asked in Construction Law for Illinois on
Q: Construction relate

Our independent sales person in which we did not have on payroll which we gave a 1099 every year brought a client. she collected 50% deposit under her own name for they job. Then We completed the job and her client paid us the balance direct. Her client paid in full what she told her client to... Read more »

Frederick A. Lurie
PREMIUM
Frederick A. Lurie
answered on Jun 18, 2022

It sounds like your claim is against your sales rep.

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: I don’t know if it’s worth it my finger ring finger got smashed at work broken tip I had surgery and pins put in thank

Pins are currently out hand swollen

Charles Candiano
Charles Candiano
answered on Jun 15, 2022

I don't know what question you're asking. If you are asking whether it is "worth" hiring an attorney, the answer is always yes in Illinois Worker's Compensation claims. You hire the attorney on a contingent fee basis which means that you pay nothing until the claim is... Read more »

2 Answers | Asked in DUI / DWI for Illinois on
Q: For a DUI misdemeanor in IL, should I answer yes to a criminal history disclosure that I've been convicted of a felony?
Brandon K. Davis
PREMIUM
Brandon K. Davis
answered on Jun 13, 2022

A misdemeanor is not a felony so the answer would be "no".

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1 Answer | Asked in Personal Injury and Civil Litigation for Illinois on
Q: What are considered disrespectful attorney acts in context of failing to answer a complaint timely?

Illinois appeals cases for default judgements based on untimely answers have generally cut slack to the untimely Defendant it appears. However it does add a caveat that the attorney cannot be disrespectful in doing so.

Is not the fact that the attorney failed in a case to file answer until... Read more »

Charles Candiano
Charles Candiano
answered on Jun 9, 2022

I'm not really certain as to what you are asking. If you are the client and a default judgment was entered against you, the only aspect of the attorney's conduct that would ever be examined is whether the attorney was able to vacate the default judgment. So long as that is accomplished,... Read more »

1 Answer | Asked in Real Estate Law and Family Law for Illinois on
Q: Back in 1997 I was married and my then husband purchased a house.

I had to sign "Solely for the purpose of waiving homestead rights" It states that right on the documents. He was the guarantor. Not me. We are divorced and have been for 22 years. He is now in default on that loan and it is coming up on my credit report. The mortgage company won't... Read more »

David Giffin
David Giffin
answered on Jun 8, 2022

Under Illinois law, married couples can be held jointly responsible for certain debts that arise during a marriage, even if only one spouse signs off on the debt. Solely waiving your homestead rights would likely not affect or limit this legal rule. Assuming you or your family lived in the home... Read more »

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Do red light camera tickets In Chicagoland Illinois go on driving record and make you lose your license?

I'm having trouble deciphering the rules of the road in Chicagoland/Chicago Suburbs area. When you get sent a red light camera ticket for going through a red light or making an incorrect turn through those cameras and you pay, how many can you get before it goes on your record? I have gotten... Read more »

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin
answered on Jun 8, 2022

No. Like an expensive parking ticket. But pay them to avoid penalties if you must run them.

1 Answer | Asked in Personal Injury and Landlord - Tenant for Illinois on
Q: Would I be able to sue neighbor for smoking or landlord for not evicting neighbor that abuses no smoking policy.

I have asthma. My Neighbor continues to smoke after complained to manager about it. There is no smoking policy here by HUD. I've complained to HUD abd the state health department smoke hotline.

Charles Candiano
Charles Candiano
answered on Jun 6, 2022

You cannot sue your neighbor because there is no privity of contract between you and your neighbor. If no smoking is a condition of your lease you can break your lease if the landlord refuses to enforce the no smoking policy. If you have complained to HUD, HUD will issue warnings. If the warnings... Read more »

3 Answers | Asked in Immigration Law for Illinois on
Q: I just became a US citizen after marriage. I would like to sponsor both my parents that also live in the US.

The only problem is that I was laid off in January 2022. I’m still looking for a job. Can I still sponsor both my parents without earning an income right now or can any friend/family help sponsor them?

Adan Vega
Adan Vega
answered on Jun 4, 2022

As a U.S. citizen, you can file the FORM I-130 for each of your parents. If your parents lawfully entered the U.S. then the FORM I-485 can also be filed with USCIS. The U.S. citizen petitioner will have to also file the FORM I-864 with the adjustment of status process. If your income is... Read more »

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2 Answers | Asked in Cannabis & Marijuana Law, Tax Law and Real Estate Law for Illinois on
Q: Not allowing a w2 earning cannabis employee to use a fed. Grant is taxation without representation, correct?

I've been trying to recieve a federal grant/loan for buying a home. Down payment assistance is something my family needed, so we decided to try a USDA or FHA loan. We have been told by multiple loan officers that because of my place of employment, I cannot recieve these funds. I pay federal... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jun 3, 2022

No. Taxation without representation means that a group of people has a tax imposed on them by a government in which they had no right to elect a representative (such as a member of the Illinois House of Representatives, a state senator, a Congressman or US Senator) who could participate on behalf... Read more »

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1 Answer | Asked in Personal Injury and Animal / Dog Law for Illinois on
Q: My pit got off his leash while walking run up to another dog, the other dog (pit) badly injured my dog Who's at fault?

Her dog would not let go of my dogs neck.

My dog ran home which was two houses down from the incident with the dog attached to him.

Neighbors came out trying to help get the dog off of mine.

I have paid her vet bill 1,200

And mine which has cost me about $4,000 and... Read more »

Charles Candiano
Charles Candiano
answered on Jun 1, 2022

Your instincts are correct. Your dog got out of its collar and caused injury to the other dog. When your dog got out of its collar, it was out of your control and any injury or damage that resulted is your responsibility. If the woman who was walking the other dog injured her finger, you are... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: My mom and aunt have a house together. My aunt has been overcharging her for mortgage along with other utilities.
James G Militello III
James G Militello III
answered on May 28, 2022

You need to find out how your aunt and mom took title to the house whether by "joint tenancy" or "tenancy in common". To determine what happens with the house in the event something happens to either one of them. You should also have your mom and aunt put an agreement together... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: Can a judge rule that a parent can only take their children to one church and no other church?

My girlfriend divorced her ex-husband and their settlement agrees to raise the children catholic. She only agreed to this due to being under duress of pleasing the family, as well as only wanting the children to attend CCD when with her, as this is raising them catholic, but not attend mass as she... Read more »

David Giffin
David Giffin
answered on May 26, 2022

I'm sorry to see you are dealing with this kind of sensitive and challenging issue. In my opinion, your girlfriend's biggest obstacle is that she entered a written settlement that the court approved. When parties make an agreed parenting plan, so long as the plan is not against a... Read more »

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Can I request Supervision for a traffic ticket going 89 in a 70? The Court is Whiteside County Courthouse in Illinois.

The ticket does not provide a place to request supervision. Payment can be mailed in. Appearance is not mandatory.

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin
answered on May 24, 2022

Most likely, in order to request and receive supervision, you have to go to court. Not all counties have a supervision by mail option.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: I got a ticket for 35 over. I got another ticket two weeks later for 19 over. (Before the court date for 1st)

I ended up getting court supervision and a drivers course for the 1st ticket. My question is how will this second ticket effect my court supervision if I received it before court supervision was granted? Will I get my license suspended? My record was clean before this and I am worried about the... Read more »

Dan Nold
Dan Nold
answered on May 21, 2022

If the 2nd ticket occurred before you were on court supervision, then it is not a violation of your court supervision. Depending on where the second ticket happened, you may still want to get an attorney to ensure the 2nd ticket is handled correctly.

1 Answer | Asked in Immigration Law for Illinois on
Q: Does immigration reuse your biometric after four years when they denied the case, my friend remarry

and her husband filled for her, she received a notice that the USCIS want to reuse her past biometric

Kevin L Dixler
Kevin L Dixler
answered on May 19, 2022

Yes, this happens. It is unclear if your friend may have other issues, where she was already petitioned by another U.S. citizen or green card holder. U.S. citizens are disqualified from petitioning some who did not previously prove that they entered into a good faith relationship with their first... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Illinois on
Q: I am currently a full time employee at Amazon so is there is a way to get a green card through the employer?
Kevin L Dixler
Kevin L Dixler
answered on May 19, 2022

It depends. Often, not.

In general, you must be lawfully present in the U.S. in order to become a green card holder. If you have been sponsored and approved for an H1-b visa, then Amazon may only need you on a temporary basis, but this is unclear. If you were approved for a USCIS...
Read more »

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