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David Alan Zipp

David Zipp’s Answers

192 total


  • Is it necessary to obtain an LLC for a small, single person operated business? Or would a simple DBA be sufficient?

    Business will be making custom jewelry and will be sold on line as well as at local vendor shows.

    David’s Answer

    The better question to ask is how much exposure legally do you desire in the operation of your business? Doing Business As (D/B/A or DBA) does not create any sort of protection between liabilities and assets you own and liabilities and assets your business owns. While Illinois is known nationwide as being a bad state to do business in, it actually is a state that is very easy to get started in doing your business.

    You will need to obtain an EIN (Employer Identification Number) and complete an online form (and of course pay the Illinois Secretary of State its fee for the service of letting you form a corporation) and you can have your corporation up and running virtually the same day.

    This is a general forum and you can Google all the benefits and tax advantages that having an actual corporation may provide to you or contact an attorney such as myself who helps small businesses for specific answers to specific questions, but basically I use the Star Trek analogy to explain what a Corporation is and what it protects. Remember how the Klingons were always shooting the Enterprise? The actors would throw themselves around the set like they were being knocked around, but the "Shields" kept the bad guys weapons from destroying the ship? Well the shields are your Corporation.

    The Corporation can buy and sell assets; it can take on liabilities; obtain loans; pay staff; pay taxes, etc. Basically everything a regular human being can do. But the Corporation is also your Shields against personal attack in many instances. Suppose a cute little baby chews on that custom jewelry you made for a client and swallows part of your creation. Depending on any number of factors, you could very easily be facing a lawsuit, and one that your homeowner's insurance will likely not help you with.

    Your corporation can obtain specific needs insurance as well as protect your personal assets - your home, your car, your bank account from being personally at risk for your desire to be an entrepreneur and conduct business in the State of Illinois.

    The total cost for a basic corporation filing even with most attorney's help is quite reasonable. I urge you to seriously consider incorporating and protecting yourself. An attorney or CPA can be or great assistance in answering specific questions and helping you obtain necessary documents and forms. If you are serious about forming a business, seriously consider forming an Illinois corporation.

    In any event, good luck in your new venture!

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  • My exgirlfriend is trying to steal my car!

    We lived together for roughly a year. I've paid (never missed a payment and always on time) for every penny of the car, every step of the way, she's never paid for any of it not the insurance or even gas. She signed for the loan because her credit...

    David’s Answer

    First, I'd say that most police agencies will elect to see this as a civil litigation situation and not choose to become involved. Second, the answer to who owns the car is not in who is on the loan, but rather who is on the Title, or as their is a current loan and you do not have title, check the Registration. It sounds like your girlfriend (past tense it seems) helped you obtain a better rate on a loan, but being on a loan for a person does not convey ownership.

    Now if this vehicle is in her name alone on the registration, you may have an issue. You can place this matter in front of a Judge as argue for an order to change the registration into your name, The cost of filing this type of action alone may be more trouble than its worth.

    In cases like this, I urge clients to focus on resolving the problem not creating more issues. If you own the car (your name alone on the registration), you could try to re-finance this in your own name or just keep on paying where in such a case she is actually on the hook if you don't pay. If you are both on the registration, why not re-finance and meet her a currency exchange and pay the roughly $90.00 to register the car solely in your name? You may wish to even just give her a few hundred dollars for her 'interest' in the vehicle and cut your ties as painlessly as possible.

    In any event, good luck!

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  • School expulsion for a 16 yr minor for unknowingly threatening the school while writing a essay. Charged with class 4 felony

    My nephew wrote an essay about education system which school took as seriously as if he is threaten school staff for shooting. The school initially suspended him for 10 days sending him to a re-hab for counselling for almost 2 weeks. Upon returnin...

    David’s Answer

    I am on my local school board and I can safely say that threats to school officials and students are taken very seriously. That being said, I believe you are missing some critical aspects of the situation. The school board does indeed have the power to expel a student but this is a major decision and one that cannot be made without due process.

    Under no circumstances can a school board charge any person with a crime. That is the sole duty purview of the State's Attorney's office. If your nephew has indeed been charged, he would be fully aware of this as he would have been taken into custody. I would not share much more online regarding this situation and hire an attorney immediately. Good luck.

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  • What are my options? Local ordinance violation for possession of cannabis in lake county Illinois.

    I was pulled over earlier this week and had the car searched (odor from car) and marijuana confiscated. Received a local ordinance violation (lake county) for possession of cannabis (ticket reads "knowingly had in her possession under 30 grams of ...

    David’s Answer

    • Selected as best answer

    As has been stated, an ordinance violation means you are looking at a fine, not jail time. An attorney such as myself who practices in Lake and McHenry Counties can help you if you so desire.

    What to keep in mind with this, or any local ordinance violation is basically because the whole issue of going to jail is off the table, the Village or local municipality has a lower standard for proving their case. The Supreme Court of Illinois has ruled that "[c]onvictions for municipal ordinance violation are to be established by a clear preponderance of the evidence and do not require proof beyond a reasonable doubt." City of Chicago v. Joyce, 38 Ill. 2d 368, 373, 232 N.E.2d 289, 291 (1967).

    Keep this in mind if you take this matter to trial. This does not mean you cannot win, just that the state has a lesser burden. Good luck.

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  • If I am in an accident (not my fault) driving my own car for work purposes isn't my employers insurance liable?

    My company has requested proof of insurance for anyone that drives to meetings or other for work during work hours. Why would they want this? Are they able to go after my insurance company if the accident was not my fault? Should I ask for a signe...

    David’s Answer

    They answered your question when they said "for liability reasons." Having insurance is required in the State of Illinois and if your job will involve driving for the company or on company time, keeping a copy of your proof of insurance on file is a reasonable request. I would not read more into their request based on what you have relayed.

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  • If my original custody paperwork was done in one county, if my ex moved and filed in a new county will it be done there?

    I still live in the same county as originally, but she moved and I'm putting all my stuff together to go back to court but if she filed before me will it be in the county she resides in now?

    David’s Answer

    When you say original custody paperwork and by that you mean an order from the Court, that Judge's order will stand. The original court that ruled will retain jurisdiction. That only applies if you actually have an Judge's order. If you mean original paperwork in that something was filed but no hearing on the merits has occurred, you may have an issue. Presuming you have an existing custody order, and if you get some notice from another county, politely contact that Court's clerk or an attorney who practices in that county and make sure this Court has your original order.

    Again, presuming you have a custody order, look at what is written there. Somewhere on that custody order will be verbage to the effect that states that this (whatever county court that is issuing this order) retains jurisdiction for enforcement.

    Good luck.

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  • If there is no signed, final Dissolution of Marriage - am I still married?

    I have been very depressed and kind of just letting litigation happen to me. My (ex?) husband had me convinced that we are divorced but when I inquired about specific information from our draft DOM, opposing counsel came back and told me there wa...

    David’s Answer

    It does sound like you may likely still be married. However, if you filed in Lake County, why not look up the status of your case here: https://circuitclerk.lakecountyil.gov/publicAccess/jsp/common/index.jsf

    Good luck.

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  • An attorney is suing me for a bad check the same attorney called my sister in law and disclosed the full nature of this debt l

    the attorney has made full disclosure to a third party not involved in the debt is this legal

    David’s Answer

    More information is needed to offer you a truly informed answer. I would caution that what you describe as the "full disclosure to a third party" may not meet an actionable level. Any person, including this maligned attorney can call and try to find basic information. Did you list this number where your sister in law answered as your number? Also, did you sign a retainer agreement with that attorney? If so, you may have waived certain privacy protections.

    You can try to get the attorney in trouble, but I would challenge you to spend your energy on communicating with this attorney and addressing the bad check issue prior to it becoming a judgement in Court. Even if you somehow "get the attorney," you still owe the debt.

    The law on bad check writing in Illinois is here http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=081000050K3-806

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  • I kindly ask to provide me with the name and mailing address of nineteenth judicial circuit court in Waukegan, Lake County IL

    This is the address that I managed to find online, though I might mistake in spelling the title or whatsoever? Lake County Illinois State Attorney 18 N County Street, Waukegan 60085 IL

    David’s Answer

    • Selected as best answer

    To be more precise, you have the correct address for Mike Nerheim, Lake County State's Attorney. The State's Attorney is the prosecutor for Lake County. If you want the Clerk of the Court (where you file, who keeps records, and case information) try here http://www.lakecountyil.gov/circuitclerk/Pages/default.aspx or mail to Keith Brin, Clerk of the Circuit Court, 18 N. County St. Waukegan, IL 60085

    The addresses are the same for a large amount of Lake County government and the 19th Judicial Circuit of Lake County.

    As you have not explained what you wish to communicate or file, I would recommend you call the clerk' of the court's office at 847-377-3380 or email at CircuitClerk@lakecountyil.gov for more guidance.

    Best of luck.

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  • Is an Independent Contractor Agreement (ICA) valid if I signed it, but LLC company never countersigned?

    The LLC company is in breach of certain elements of the ICA and is behaving as I'm the only one that must abide by all elements.

    David’s Answer

    I am not certain I would bank on your conclusion that the LLC that contracted with you is breaching the independent contractor agreement. More information is necessary. Specifically, what term or condition do you not want to abide by that you now disagree with? The company can argue that it prepared and presented to you the contract, and you signed it. If you and the company have acted as if this is was a fully executed contract for some time, than the Court may conclude that a valid contract existed.

    Not knowing more facts and what the situation is, I would be most careful in some reliance that you can somehow invalidate the independent contractor contract. Remember you signed it, and appear to know this contract fairly well.

    Tread lightly.

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