Erik Glen Swanson's Answers

Trial by jury in a small claim

Since you asked for your questions to be answered specifically: 1. No. Defendant has the right to demand trial by jury. You cannot reject it, period. 2. As Plaintiff, you can't change your mind about where you sue them. A Defendant has the right to seek a change in venue, but your first and only chance to pick a venue is when you file the complaint. The only way to change venue now would be to take a non-suit and re-file the case in the other county. Mind you, that may or may not...

Selected as best answer

In IL, if I want to amend a claim for more money in a Small Claim court, may I ask directly the Judge in the First Appearance?

Generally, yes, you can amend a complaint at anytime before trial. If you are making substantial amendments, you would want to motion the court to do so, especially if your amendment raises the amount claimed above the "small-claim" threshold (10,000). Keep in mind that small claims cases are generally handled on a more informal and expedited basis, so many courts are reluctant to permit much motion practice or "lawyering" on the same. As to reinstatement, yes, within 30 days, it's...

Selected as best answer

Am I entitled to a full refund for botched services on my child's boxing uniform?

It really depends on what the contact was between you and the tailor. If the tailor was contractually obligated to make a uniform in a certain way - color, design, etc., and didn't, then you would have a case against him. If what you expected from him wasn't clearly set forth in a contract, however, and you just didn't like what he did, however, it's not so clear. Your fact pattern doesn't make clear what his obligations were. Disclaimer: This answer is provided as a public service and as...

Selected as best answer

Collecting civil lawsuit damages IL state

There are many ways to collect upon a final judgment in Illinois, including liens on property, garnishments on wages, and so on. This is a complicated area of the law. You would be well-served to contact an attorney who specializes in collections to help you.

4 people marked this answer as helpful

Can the president of a condominium association hire an attorney without consulting the board and holding a board vote?

Not unless your Association's by-laws or Declaration empower the Board President to make such decisions on his own, which would not be usual, to say the least.

1 lawyer agreed with this answer

1 person marked this answer as helpful

My car was at a stop light, car #1 hit car #2 and car #2 hit my car.

Can you, sure. The problem is, however, that it's unlikely (albeit not impossible) that car 2 has any liability, which means you wouldn't win your lawsuit. Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

1 lawyer agreed with this answer

1 person marked this answer as helpful

Is logging into someone's email account illegal if they previously gave you their password?

I'll let a criminal attorney answer that part of it, but he certainly may be able to bring a civil lawsuit against you, depending on what, if any, damages he sustained. If the only damage was an inability to access his email for a short time, I wouldn't think a lawsuit would be justified, although there may be specific facts in his situation that would change this analysis. This doesn't mean what you did was acceptable, quite the contrary. Disclaimer: This answer is provided as a public...

3 people marked this answer as helpful

A collection agency has been calling us about a three hundred thousand dollar debt that is not ours. How do we make them stop?

Explain the situation to the agency and request proof that you owe the debt. If they can't or won't supply this information and continue to bother you, you may have to talk to an attorney to determine if they have violated the FDCA, giving you a cause of action against them. Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client...

3 people marked this answer as helpful

Can I appeal a small claims case that has already been heard by a judge?

You don't make it clear if the ruling you received ended the case or not. If it did, you would have 30 days to file your appeal. If it didn't, you can timely bring a motion for reconsideration, but unless you have new evidence, it's not likely to be granted. You generally cannot appeal a ruiling that doesn't end a case, unless specific language is included in the ruiling which would allow you to appeal it directly.

3 people marked this answer as helpful

Defending a auto personal injury lawsuit in IL

If you have been named as a defendant in a civil action, it is very important that you consult with an attorney. Depending on your financial situation, you should be able to find an attorney who can work with you at prices you can afford. If you fail to respond to the complaint, the plaintiff can win by default, get a judgment and do things like garnish your wages to collect. If you cannot afford an attorney, you can represent yourself (called "pro se") but this is very difficult for most...

3 people marked this answer as helpful