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David Alan Zipp

David Zipp’s Answers

192 total


  • Is a nolle presequi a conviction?

    I went to get my crimal record, I had two cases from 2002 and 2005. It says "nolle presequi" I didn't went to jail or fined.

    David’s Answer

    In Illinois Nolle Prosequi means that the criminal case has been dismissed. The term is Latin which roughly translates to "No More Prosecution." In terms of a criminal record, if this is all that is there, you could factually state you do not have any convictions for any felonies or misdemeanors.

    You may wish to explore having the entire case expunged. This would have the effect of having this case entirely removed from your record. At my website www.ZippToCourt.com, I have a Zipp To Legal Research page which you can find here: http://zipptocourt.com/Zipp_To_Legal_Research.html

    On that page, you will find a link to a guide for expungement in Illinois.

    Good luck.

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  • Can my Ex make me amend my return & does he have a case?

    Not yet divorced ; I paid for more than half of my child daycare expenses in 2012 and my ex is in arrears on child support so after figuring out which was best for me i filed my taxes Head of Household and claimed both kids , yes without his kno...

    David’s Answer

    I add only to echo what the incredibly experienced attorney Gary L. Schlesinger just advised you. I would highly recommend you consider his advice and further reach out to him to assist you in this matter.

    You really need the assistance of an experienced attorney for what you have described.

    Good luck.

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  • My parents are refusing to give me my dog back and claiming her as their own. What are the legal implications of pet ownership?

    I purchased a dog when I lived with my parents . I got her because our family dog became depressed after a family mbr passed away who lived with us . Since then I have moved away for school . The verbal agreement was that they could keep the do...

    David’s Answer

    You purchasing the dog is the key. You need an attorney if you cannot negotiate this issue yourself. Hopefully you have paperwork to show you bought the dog. You do not obtain ownership to someone else's pet simply because you took care of it for a time. Can you get in touch with the seller of the dog who can confirm you were the purchaser? You have a mess on your hands, but one that can be addressed calmly and rationally. I highly encourage you to not escalate matters further and to contact an attorney.

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  • I am on 4 yrs of parole in illinois . if i transfer my parole to nevada do ill parole laws apply ?

    I currently live in Illinois but want to move to Nevada to live with my father .

    David’s Answer

    As part of the conditions of your parole, you have a reporting requirement. Look at your paperwork and find that contact officer and make a direct inquiry of them as to what is necessary to transfer your parole to Nevada. You may have to pay an administrative fee to transfer the parole.

    To answer you specific question, the short answer is Yes. However, the ways and means in which a Nevada parole and probation department or individual officer enforces your terms and conditions of parole may be different. At a minimum, you will have the same terms and conditions as in Illinois, however the sovereign State of Nevada may go about its enforcement and compliance in a different manner as does the sovereign state of Illinois.

    The nature and extent of what a parole and probation officer might do in Nevada will depend on the nature of the conviction you have, your incarceration record (any incidents, good or bad behavior, etc.), and of course the record of compliance you have in Illinois, among other factors.

    Yes, you should under most situations be eligible to transfer your parole to Nevada.

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  • Do I respond to a summons addressed to a non-entity?

    I received a summons at my business from a vendor . The vendor's claims are not supportable , and his charges were ruled as fraudulent by the credit card issuer , among other problems . He even got the company name wrong , apparently just gue...

    David’s Answer

    Never ignore a civil summons, especially as this appears to be an attempt to obtain a judgement. How would the finder of fact (the Judge) know any of your most likely valid defenses are valid unless you or better yet, your attorney appear at the determined date and time and inform the Court of such defects? If you ignore the summons, what will likely happen is that you will, rightly or wrongly be the victim of default judgement.

    Please heed me on this, if you think it is expensive to have your attorney appear in Court regarding the summons, you will lose your mind on the bill that you will incur when you have to hire an attorney to fight a default judgement. By the way, it should not at all break the bank to have your attorney appear to answer this summons, and if it does so, frankly find a new attorney.

    Best of luck.

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  • Find a notary public in IL

    I am trying to find a notary public in the Crystal Lake IL are to have a legal agreement notarized.

    David’s Answer

    The Clerk of the County offers a free notary as do most banks for account holders. Most attorneys are also notaries. If you need an notary after business hours try the UPS Store or Kinkos which usually has a notary onsite. These copy & ship places usually charge a nominal fee for a notary.

    Good luck.

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  • Can i sue my school program?

    I attend a school program that provides us with food. I look at the food and i had rotten food. This is not the first time this has happened. I also took a picture this time. Just incase.

    David’s Answer

    This is one of those teachable moments. Anybody can sue anybody at anytime for any reason. That is true. However, the chances of a suit such as you describe going anywhere other than into the dismissed with prejudice file (means not only is the lawsuit dismissed, it can never be brought again) are exceptionally high.

    This is not to say that you do not have a grievance. In fact it sounds like you gathered some evidence to support your grievance. The law is usually a route of last resort when negotiation, notification, and cooperation. In a school environment, you have a principal and and superintendent you can alert to and calmly and politely address your grievances to.

    Lets say that you meet with the principal and the superintendent and for some reason, after presenting your statement and showing them the picture, you are not satisfied that change will occur. You could bring your parents to the next school board meeting and present this picture and your story to the Board of Education. They hire and fire the superintendent and they will listen to you.

    So now say the board sees your picture, hears your story, and hears from others with the same grievance, investigates and still nothing changes. You still get rotten food. Well then you have built a much better case that can be brought to an attorney along with your facts, evidence, and witnesses.

    My best guess is that if you have the first conversation with the principal and/or the superintendent, you may find that your grievance will not be dismissed, and you may very well be the catalyst for improved food service at your school. Handle this diplomatically and as a concerned individual, and you will find you have laid the ground work for a critical skill set for success in business and in life.

    You are going to find that in life many will complain, but few will work positively toward a resolution. I urge you to take this rotten food situation and turn it into an opportunity to shine.

    Good luck.

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  • Can a cotenant sublet to whom ever without my approval?

    My son is away at college and rented a apartment with a friend. Both names are on the lease. The friend changed schools and moved out and placed a listing on craigslist and have found a adult that wants to sublet the room (not a student). Does my...

    David’s Answer

    To best answer this or any lease question, your best guide is in fact the lease that was signed by the parties. If this is a rental specifically in and around a college, often these leases have clauses and defined steps that must be taken in order to replace on tenant on a lease. Additionally, most leases have a prohibition against sub-letting which is what your son's former roommate is trying to accomplish. The lease will be your guide.

    Your son should also communicate with the apartment management. They may be able to offer any number of resolutions such as offering your son another unit that only has 1 bedrooms for a special rate, or perhaps even locking off the other bedroom and not charging your son for this rent. He will not know until he has asked.

    I think it very reasonable that your son's old roommate cannot simply find a stranger on Craigslist to resolve your son's former roommate's issue of abandoning the apartment. I would be frankly surprised if the apartment management would allow such a substitution much less force a stranger into a college student's home without his consent. Depending on how the lease is written, the roommate is on the hook for his lease as is your son. It is possible that your son leased a bedroom and the other guy leased a bedroom on separate leases. Without looking at the lease, nobody, attorney or otherwise can really advise.

    One aspect of merit though - you have posted this in an Illinois locality and there may be various laws and codes both for Wisconsin in general and Milwaukee specifically that might govern this lease. You may wish to re-post this question using Milwaukee as your location to obtain any specific insight into the local laws and rules. In any event, you need to read the lease.

    Best of luck.

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  • My girlfriend is charged with my crime. Is there any way I can admitted to the crime and get her charges dropped?

    I was arrested on different charges. I did my time. She is still fighting the case, and I don't want her to have to deal with what I did. It's theft. In Illinois, lake county.

    David’s Answer

    Did you do the crime? If so, you certainly can contact the prosecuting attorney and admit to this. Be cautioned that if your girlfriend did commit the crime and/or she was an accomplice, you could end up yourself in trouble and not do a thing to assist her. She should speak to her attorney and obtain discovery from the prosecutor. If you are implicated in any way, it will likely be in the discovery.

    I admire your nobility here sir, but be very careful and consult with an attorney and gather the facts before you offer yourself up as a sacrificial lamb.

    Good luck.

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  • I am not at 125% below the federal poverty level, do I qualify for pro bono divorce help in Illinois?

    though I may not be at the poverty level to receive legal assistance I have no money to take care of my basic needs let alone money for a divorce lawyer. I am deep in debt due to financial mishandling by my spouse and since I will be the one resp...

    David’s Answer

    I would caution you as to trying to go about a divorce without the assistance of an attorney. Many attorneys will just quote a $2,000-$4,000 retainer for a divorce, but many others might be half of this if you already have a meeting of the minds on most issues. Really what is being offered is a lower retainer and giving you the benefit of the doubt that you do have a meeting of the minds.

    Based on what you have written, I think you could use an attorney. The threat of bankruptcy is not the same thing as bankruptcy. The maintenance aspect alone leads me to think you do not have a meeting of the minds at all. While you say "I don't see how I could afford legal help," I respectfully submit that you cannot afford to not have some legal guidance if your circumstances are as your described.

    You can always contact Prairie State, but their resources are limited and usually are restricted as of late to domestic violence situations that may involve divorce. It never hurts to ask.

    Best of luck.

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