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David Alan Zipp

David Zipp’s Answers

192 total


  • Evicting a family member from a home?

    I have a 32 yr Old son who recently got divorced. We said he could live at our home until he got back on his feet. This has been gone on now for over six months and he spends from 4 to 5 nights at our home. He does nothing to help, does not clea...

    David’s Answer

    • Selected as best answer

    I cannot disagree with the other fine advice the other attorneys have offered. Since you do not have a lease to rely upon, the Court will create a fictional one for you (yes, even at zero rent level). This fictional lease will be deemed to renew every month. Thus, you will need to give him a thirty (30) day written notice of eviction.

    On my website www.ZippToCourt.com I have a Zipp To Research tab you can directly access here: http://zipptocourt.com/Zipp_To_Legal_Research.html

    Scroll down to the Illinois Landlord/Tenant law or just click directly here for very helpful guide from my law school, SIU on general advice for landlord/tenant law in Illinois http://zipptocourt.com/uploads/Landlord-Tenant_Rights_in_IL.pdf

    In my practice, which is in Lake and McHenry counties, I have had several clients in your situation. The bad economy and the sense of entitlement of some of the younger folks these days have often led to situations such as yours. If you follow the PDF, you should understand what you need to do. If you would rather this come from an attorney, give me a call. This is not a exceptionally complex situation, and will not break your bank. Sometimes having the letter come from an attorney with the necessary 30 Day Notice being hand delivered by you not only addresses the situation of the freeloading child, it also restores the obviously missing respect that your son is not showing you.

    Good luck.

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  • Is water damage in my unit from unit above via common element, ceiling/floor, the responsibility of the association to resolve?

    Unit above mine had water leak which has soaked a celing area, two walls and shorted out our thermostat. The other Owner's insurance company has put this off on our carrier and our carrier adjuster has put this on the association, which is not res...

    David’s Answer

    The answer to your question will be better answered by first examining your leasing documents and that of your insurance as well as the HOA documents. Your insurance may end up paying for your damages, but absolutely file a claim with them and supply them your narrative and all of the various documents from your HOA and anything related to this situation.

    You do have a claim and you should file it. It is likely that your insurance will initiate a claim against your upstairs neighbor as they caused the situation and perhaps against the HOA if there is some common responsibility the HOA has accepted.

    Do not let another insurance carrier other than your own decide anything for you. You actually already have an attorney on this case - its your insurance company and this is why we pay premiums.

    Good Luck.

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  • How can I get a non-custodial parent to sign over their rights?

    My daughter is 6 and hasn't seen her father in almost a year. He continues to be over $15,000 behind in child support, hasn't attempted to see his daughter and also skipped court for visitation when HE took me to court for it. He drinks every day ...

    David’s Answer

    I would urge you to consult an experienced family attorney. Your child's father can indeed sign away much if not all of his rights to his own child, but this will not likely affect his child support obligation. The "rights" are regarding decision making abilities such as educational permission and consent for the child to have medical treatment. Also these "rights" are largely custody and visitation focused.

    You are writing that your child is receiving taxpayer subsidized medicaid and LINK. Why would the State allow the taxpayer to help subsidize your child and allow the actual father to not pay child support? He can waive his rights all he wants, but his child support obligation is another matter entirely.

    Good luck.

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  • Do closing documents ordered from a title company qualify under the S Ct Rule 216 (d) as sufficiently admissible ...

    ... without further foundation except to the extent of an inaccuracy identified by the opponent by affidavit within 14 days of receipt?

    David’s Answer

    Not to the best of my knowledge in the context as your have written.

    However, I would caution that if these documents are central to a legal action, there are other ways that they will be admitted. Setting the foundation for the admission of relevant evidence is not exceptionally difficult. The Court will usually allow almost all relevant evidence.

    From a legal strategy point of view, I would be more concerned with what the documents say rather than if they are going to be found admissible.

    Good luck.

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  • If I'm 15 , & need to runaway can I get in trouble or even when in 18?

    I'm 15 years old. I live in illinois & my mother can't take care of my brother & I, she is currently not making any money & doing drugs. we have court soon for her divorce & she can possibly be put in jail, would we be put in a group home or hande...

    David’s Answer

    As you are a minor, I do not think you are likely to receive much advice from this board. I would suggest you reach out to your family, either in Ohio or local if possible and have them seek out an attorney who can be authorized to offer advice. If the pending divorce involves your father, perhaps you might speak to him about your concerns.

    Completely aside from any legal implications, I would not endorse you taking off for Ohio or otherwise without support of an adult and a plan of action. Please be safe and use sound judgement.

    Good luck.

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  • How do i get my joint bank account unfrozen? my husband is not on the loan & all deposits are his

    our bank account was frozen,since my name was on it, from a court order against me on personal law suit from 2nd mortgage. All deposits in the account are my husbands. how do i ge this unfrozen? His name was not on the bill or orders against me.

    David’s Answer

    I would highly recommend you hire an attorney to assist you with this. What is necessary is to have a Judge order the account unfrozen. The easiest way would be to discuss what you have written with the law firm that represents the creditor who has frozen your account.

    This issue will not likely go away and as such, if your husband is truly not on any of these loan and judgement documents, than unless and until this issue is resolved, it will be easiest for him to open a new bank account, perhaps even at another bank and have his money direct deposited there. So long as you are on any account with him, that money can be viewed as your money and thus usable to pay toward the debt for which you have a judgement.

    Good luck.

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  • What can I do if I'm being coerced to have an abortion?

    We have one child. found out I was pregnant and he said if I don't get an abortion that he will leave. And he won help with our rent or bills. Help I've already started my job search!

    David’s Answer

    One cannot force another to have a baby or have an abortion. This will not prevent the guy from leaving, but his leaving will have no effect on his legal obligation to support his child. Consult with a family law attorney. Also, you as a couple may benefit from couple's counseling either professionally or through your house of worship.

    Good luck.

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  • Signed all paperwork and they took my car. What can I do?

    On February 12th 2013 I went to a dealer just to check out cars and they put me in a car and let me leave that day. They then a week or so later said the bank wouldn't do the loan because of my dad's credit and I needed a new cosigner. But the day...

    David’s Answer

    You have raised several issues, and depending on the facts and circumstances, you may have multiple options. I always encourage car buyers to get pre-qualified at their bank prior to serious car shopping. This way, you know how much car you can buy based on what the bank will allow you to borrow, and an interest rate and likely even your credit score. This is not to say you have to use your bank at the dealership. Often times there are special incentives that may make your bank's finance offer not nearly as attractive, but in any event, you go in armed with parameters for your purchase.

    As to what you have described, more information is critical to your next step. You say you "signed everything" but what was written on "everything?" Examine your documents. If the documents say "subject to underwriting" than what you had was not finalized. What you have written leads me to think this might be the case.

    Did the dealership say you needed a new co-signer and that you needed to come back to them? Was this a buy here - pay here lot? Usually a dealership will not just seize a vehicle from a customer, especially as this could be a crime if not handled properly.

    You examine your documents and perhaps speak to an attorney. You also should go to the dealership and get your personal items back in any event. If necessary, call the police and have an officer meet you at the dealership. Do not cause a scene, just gather information and if nothing else, get your items back.

    If you do not end up keeping this car, alert the bank to not allow any direct deductions from your account.

    You also should have some writing from the bank or finance company that explains why your original loan was rejected or not acceptable. If you really like this vehicle, why not go to your bank with your paperwork and see if they will underwrite what you have purchased as opposed to whatever finance company the dealership has chosen.

    I have seen some dealerships try to pull some crazy and unethical maneuvers with young car buyers. If worst comes to worst, you can alert the Illinois Attorney General Consumer Fraud Division. A link to their site is here: http://illinoisattorneygeneral.gov/consumers/index.html

    It is hard to tell based on what you have written if the dealership has acted properly or not. Above all else, remain calm and gather paperwork and facts.

    Good luck.

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  • What are the laws regarding sexual consent with an alcohol induced partner?

    If a man is having a drinks with a women at a bar, and after a few drinks she says, "I want to have sex with you" is that legal consent? If so, how.

    David’s Answer

    Your question is a fact pattern with a lot of variables. It is always consent until someone alleges it is not consent is probably the easiest answer.

    I do not know if this will be helpful to you, but I recently found this webpage that does an excellent job of summarizing various sexual assault and consent laws in Illinois: http://www.northwestern.edu/womenscenter/issues-information/sexual-assault/defining-sexual-assault.html

    I hope this helps answer your questions. Good luck.

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  • I was fired for allegedly smoking " spice " . Is this legal ?

    I was working a job in Hawaii and i was fired because someone said that i was smoking spice . First off I don't smoke that and secondly it is not in the hand book and it has never been mentioned to the company at all .

    David’s Answer

    I completely agree with what Ms. Goldstein has stated and only add that even though you seem to be in Illinois, any employment action would have to be brought in Hawaii and would be under the laws of that state. You are not likely to find out if the laws of Hawaii are different from those of Illinois unless you either re-post this using Hawaii as your locality or consult with an attorney with that license.

    That being said, I think Ms. Goldstein has very accurately answered your question.

    File for unemployment and move on.

    Good luck.

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