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David Alan Zipp

David Zipp’s Answers

192 total


  • I need help putting a claim together for the consumer financial protection bureau.

    I can not afford the legal fees to go to court. I have evidence of wrong doing , breach of fiduciary responsibility by trust officers at large national bank. I am filing my claim with the Consumer Financial Protection Bureau. I would like an atto...

    David’s Answer

    While not ordinarily their purview, you may try Prairie State Legal Services which does offer some free legal assistance, but usually for the victims in domestic situations. Their website is: http://www.pslegal.org/

    Good luck.

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  • I just got a DUI last night He gave me 2 DUI tickets 1 speeding and 1 improper lane usage what do I do. Does that mean I have 2

    dui's

    David’s Answer

    You may also have 2 DUI tickets if a local police officer (Village of Long Grove for example) issued you the DUI. Villages have what are called Village Prosecutors who handle DUI cases on behalf of the Village. You only have the one DUI and you are not being double charged.

    Please feel free to contact me for a free consultation. You may wish to visit my website www.ZippToCourt.com where I have a free PDF with very helpful DUI advice. Need you physical license back? I explain how online, for free at my website. What is going to happen next? I explain online, for free at my website www.ZippToCourt.com. A direct link to my free DUI page is http://zipptocourt.com/Illinois_DUI.html and my free DUI advice PDF can be accessed directly here: http://zipptocourt.com/uploads/ZippToCourt_Free_DUI_Advice.pdf

    Good luck. Keep this in perspective, and if I can help you, I will be honored to do so. You will need an attorney to assist you with this situation.

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  • Gaining personal items from a House after being kicked out and being denied entry, Legal actions and costs available?

    In-Laws kicked me out of the house and being denied ability to return into the house to get all my personal items. want to know what can do to get my things.

    David’s Answer

    I echo Attorney's Scott's excellent advice. There are laws that govern how to properly evict someone in Illinois, however it sounds as if there is a potential domestic situation as you mention your in-laws. Be careful not to escalate this situation into driving anyone into seeking and obtaining a protection order against you. Even if it is a baseless claim, you could be barred from the property and any contact with any of the family members for several weeks until the hearing on the merits of the situation.

    I would suggest that you speak with the calmest of the in-law who owns the home. If your only desire is to recover personal items, you may be able to negotiate a time when nobody else will be there to recover your items. I more than realize that your definition of personal items will likely include furniture and items that may be in dispute. if this is a pending divorce situation, discuss these issues with your divorce attorney.

    As for clear personal items - clothes, jewelry, personal electronics, personal records - try the calm reasoned approach. if that fails, follow the other attorney's advice regarding utilizing law enforcement to assist you in recovering your items. Also, this may be your last and perhaps only opportunity to recover irreplaceable items such as college degrees, personal letters and documents. If you are able to obtain access to your former residence, make sure you try to recover the items during this visit that cannot be replaced.

    Good luck, and above all else - try to remain calm as nothing positive will be accomplished through losing your cool. You may also wish to consult with an attorney on this matter without delay if you are concerned that your personal items will be damaged, destroyed, or otherwise never returned to you.

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  • My 16 yr. old received a speeding ticket going 87 mph in a 55mph (32 mph over limit) How to prepare for court? What to expect?

    What are possible outcomes?

    David’s Answer

    • Selected as best answer

    You have several issues going on here. The first is is that going 31 MPH over the posted limit is now a Class B Misdemeanor in Illinois. The potential penalty for a class B Misdemeanor is up to 180 days in jail and a maximum fine of $1,500. The offense is categorized as a Class B misdemeanor, which means it is treated as seriously as criminal trespassing, possession of cannabis (2.5 to 10 grams), and various identity theft laws. In short, this is not something to try to wing on your own.

    Added to this is the fact that your child is a very new driver. On my website www.ZippToCourt.com, I have an entire traffic page that might be helpful to you. You should at least read the Illinois Parent Teen Graduated Licensing Program PDF from the Illinois Secretary of State. I have this PDF of this on my site which you can access directly here: http://zipptocourt.com/uploads/IllinoisGraduatedParent-TeenDrivingGuide.pdf

    First off, hire an attorney for your child. This is critical. Most attorneys, including myself will give you a free consultation. As this is a Class B misdemeanor, you are going to find some attorneys wanting some serious cash for a retainer. I think if you call me, you will find I am far more reasonable, and I will explain why if you call. In any event, your child needs an attorney.

    Because of the charge, there is zero chance of avoiding Court. Your child has a court date, most likely at the Mundelein Court House (just look at the bottom of the ticket for the date and time). What your attorney will do is negotiate on your child's behalf to hopefully convince the village attorney or state's attorney who has the case (just look at the issuing department - Village of Vernon Hills, Lake County Sheriff, Illinois State Police etc.) to find out which agency issued your child the ticket) to amend the charge to a lesser charge.

    You can expect a fine and court costs. Also, your child will absolutely have to take traffic school due to their being so young.

    I have taken traffic tickets to trial, but unless there is an incredible story to be told, and especially as the ink is barely dry on your child's license, you are looking for a negotiated plea in this case. Also, as you will read in the Graduated Licensing Program, your child has enhanced responsibilities and stricter scrutiny due to their young age. With a child this age, a conviction, which is always a possibility in a trial situation is not in your child's best interest. Through negotiation, and if this is your child's first and hopefully only driving offense, it is possible for your child to obtain the sentence of supervision which is an alternative form of sentencing and does not count as a conviction. If you wish to read the Illinois Supervision statute, here is a direct link: http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-3.1

    I am sure you have questions, please feel free to contact me or another experienced traffic attorney for more information.

    Good luck.

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  • Is my landlord violating our lease agreement ?

    my lease states that i can have 2 vehicles per licensed resident. i went to the office to add a second vehicle and was told that i could not because the car was not registered in my name.(my parents bought the car for me) i spoke with the property...

    David’s Answer

    I echo the excellent advice you have already received. Examine what your lease says for clarification on the car in your name question. In any event, the denial of the second parking spot would not normally constitute a breach of your lease on the part of the landlord nor would it give you cause to terminate the lease. Why not, as you have been advised simply re-title the car in your name?

    Here is a direct link to the Illinois Secretary of State fees - http://www.cyberdriveillinois.com/departments/vehicles/basicfees.html

    Scroll to the bottom, and you will see that the fee for a new title is only $95.00. Most attorneys, myself included will give you a free consultation, but I cannot see a cheaper solution to your situation than simply getting the car legally in your name.

    Good luck.

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  • This my first speeding ticket and my driving record is clear. I've been driving over 10 years. I want to know what I should dYay

    I want to pay the ticket that is 120.00 but then I want to go to court. The officer said I was going 45 in a 30. I don't really know. I was driving in Waukegan, Illinois. Someone told me that if I pay over the violation fee that they would send me...

    David’s Answer

    DO NOT PAY THIS TICKET. If you pay it, you will have a conviction on speeding. Call me or any other local traffic attorney. You most likely are Court Supervision eligible. Call me for a free consult and I can explain your options in a free consult. You already have received excellent advice. Ball is in your court to examine your options and choose a better path.

    Hope to help. Good luck.

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  • States attorney called but have not recv'd any papers, call at home nor been served. said my first name, but no the last?

    looked up the number and it does point to dekalb county which is over an 1hr away, and i have not been there in over 10 yrs. kept the voice mail and not sure to call back? the lady said the lawyer wanted to go over the case with me? again i ha...

    David’s Answer

    If you have not been served, you have no obligation to go to Court. Mistakes are made by us all. It might put your mind at ease to return the phone call to the Assistant State's Attorney who reached out to you to find out what the case is. You may in fact be considered a victim in a case and it is even possibile that as part of a case, you may be owed money in damages. I would think you would know if you are a victim, but stranger things have happend. Why not make a call and find out?

    No attorney, State's Attorney or otherwise can force you to come to Court over the phone, so do not be concerned about finding out why they are calling. At the same time, if they do want you for something, I would be careful at how much information I gave. If you think somehow you are being accused of a crime, you can always hire an attorney to call for you, however that seems a bit over-reactionary at this point.

    Relax, find out more info, and good luck.

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  • "What is the customary late fee percentage to charge in Illinois for professional services?"

    Just researching how to legally charge late fees to commercial businesses. We are a fairly new cleaning company and sometimes our clients do not pay on time and at this point we cannot afford to be paid late so how can I incorporate late fees lega...

    David’s Answer

    You may wish to find out what your competitors charge as a late fee and prepare your contracts to reflect a market sensitive late fee. As you are the master of your own contract, you can decide the late fee and the time period you wish. My best advice would be to find out what others are doing in your field and prepare a similar written policy incorporated into the contract agreement you utilize to provide your services and be sure to follow that procedure as you build your business.

    Good luck in your new business venture.

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  • Section 513 Post Divorce Decree!

    I'm post divorce decree from May 24, 2001 ,I have a daughter who will be attending college in the fall 2013 and it states in the order under section 513 the non custodial parent is legally responsible to pay for 1/2 of college and expenses and to...

    David’s Answer

    I echo the other fine attorneys who have posted. Consult an attorney. Your divorce order is pretty generous to order continued child support payments for a child off in college, but if that is what was agreed to by your ex, he may be stuck with that.

    Child support is set on the income of the payer and it is quite common to complete 11.02's by both sides. It is against the law to file a false financial affidavit and I have seen folks be held in contempt for doing so. Make sure you follow the orders of the Court.

    Good luck.

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  • How do I protect myself against future price reduction demands? Should the closing date be changed?

    Had a signed contract for $475,000. House inspector stated furnace appeared dirty. We had the furnace cleaned and evaluated by local furnace company. Buyer is now demanding a $2500 price reduction in lieu of demanding a new furnace. Price of h...

    David’s Answer

    Everything is negotiable in a sale of house. Now that they have had an inspection and I presume your attorney has already ordered a survey which has either been done/about to be done, you most likely will not have additional requests for reductions.

    You currently have an attorney and that attorney is far more familiar with the specifics of the facts and conditions of your house. That being said, having done quite of bit of real estate legal work myself, I would venture to say that if they only 'ding' on your home is a 2.5k reduction off 475k, you are likely pretty lucky. No home is perfect and an inspector almost always finds some issue. I new furnace could run into the thousands depending on the model and the installation requirements.

    You should stress to your agent that you will not consider any additional concessions. You can also ask the agents to reduce their commissions to offset this 2.5k loss. Depending on the time the house has been on the market, your relationship with your agent, and other factors, many agents will reduce their commissions slightly to help ease the pain of loss to the sellers. Agents only get paid when a home sells, and if this request for a concession truly is going to derail the deal, real estate agents are known to be quite flexible to complete a transaction. In this case, it might not be so wrong to ask each agent to offer $500.00 (totaling $1,000.00) back towards the various closing costs which would in effect reduce your 2.5k to 1.5k.

    One other aspect that might be worthy of consideration is the status of the would-be buyers. Do they have their financing in place? Is your purchase contingent upon their sale of another property? Basically, are there any barriers (other than this 2.5k reduction, which you can always counter and say we can only off 2k BTW), that might affect the closing of this transaction? Ask your agent and attorney for guidance. I tell my clients to require that the buyers present proof of financial ability to purchase the home during the contract review period for example.

    If by 'double move' you mean that you need to sell this house to close on another, I would presume the closing date is something you need to keep for your own benefit as you may be needing the proceeds of the first sale to close on the new property. I price reduction in lieu of new home improvements should not affect the closing date.

    You have an agent and an attorney. I would consult both of them and share your concerns and questions. I would also ask your attorney about the status of your survey and ask him/her if they see any issues in the survey. If the buyers have done a home inspection and all they want is the 2.5k for the furnace issue, the only typical remaining issue is survey issues. Your attorney can advise you far better than folks can on a message board.

    Congratulations on the contract on your house. I know many home owners who are desperately trying to sell their Illinois homes. I know the request for a reduction is unpleasant, but being stuck in a home you no longer want is far worse.

    Good luck.

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