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Joseph Paul Giamanco

Joseph Giamanco’s Answers

173 total

  • Can someone tell me how to serve a motion to the defendant represented by an attorney? plaintiff is pro-se.

    i have been stuck with a judge who is super meticulous about watching pro-se litigants to make sure they are perfect lawyers. a written notice of motion along with motion itself clearly shows sworn and signed affidavit of motion writer that he i...

    Joseph’s Answer

    With all the difficulty you have had it sounds like you are in over your head. Many judges don't have patients for pro se litigants, especially when they make mistakes. Even if you aren't going to hire a lawyer to handle your entire case it would be wise for you to have a consultation with a lawyer about basic civil procedure before you go any further. The fact that you are not a lawyer will not be an acceptable excuse for not following the rules or knowing the law.

    With respect to the notice or motion form, you can follow this link to a sample provided by the DuPage County Clerk.

    Depending on the court, the judge may find this form acceptable or something substantially similar.

    Just remember, the practice of law is not just about the forms you use. Depending on what you're trying to do, how you do it may change.

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  • My granddaughter got in an accident and the car was uninsured. She is 19 and being sued for $13,000. Should she claim bankruptcy

    She was driving a car in her dads name and it was his insurance. She has her license suspended indefinitely until the judgement is decided. She is a student and works part time. Losing driving privileges is a hardship.

    Joseph’s Answer

    Present the claim to her fathers insurance company to see if they will cover her. If she was a permissive driver then it's possible she is covered and they will provide her with both an attorney and pay any judgement. If there is a policy exclusion that excludes her from coverage then she will want to consult an attorney before filing anything.

    Bankruptcy may not be a great option if she is a student and is relying on student loans.

    I have defensed a number of uninsured individuals in cases like this - there are options. Consult an attorney ASAP.

    She should not just allow it to go to judgment against her or agree to a payment plan without first talking with an experienced attorney.

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  • Hello need to know is there a cap on the amount you can ask for pain and suffering in a civil case.

    My lawyer paid a company to do a toxicology test and a person that work for the company lie about the test results. and because of the lie my lawyer drop my case.

    Joseph’s Answer

    No, there is not "cap" on what you can ask for - but asking for an absurdly large amount can backfire as well. What the "right" amount is to ask for depends on countless factors.

    As for your lawyer dropping your case - look for another lawyer. Different lawyers often times view cases differently. Perhaps another lawyer will accept your case.

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  • Unbeknownst to me while at work my car was stolen from home and wrecked.

    I am being billed for damages to city property and ComEd. I attempted to report the car stolen in the suburb I live in as well as where the accident occurred. Neither suburb allowed me to, because the theft was reported after the accident. What ar...

    Joseph’s Answer

    • Selected as best answer

    They will have to prove you were actually driving. It's not enough that your car was involved.

    That being said, you would be better off if you hire an attorney to assist you with this. Your insurance company should provide you with an attorney - assuming your policy was valid. Be sure to report the accident and lawsuit to them immediately if you haven't already.

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  • I received a summon by a debt collection agency, what can I do?

    I received a summon by a debt collection agency. I do owe the stated amount $799.86 to GE CAPITAL BANK but I am very poor, I can not pay the full amount. I hardly have enough money to feed my family. I co-own a car and have no real state of any ki...

    Joseph’s Answer

    If it's from a debt buyer then file an appearance and demand trial. If you can't afford to file the appearance you can apply to have your court costs waived.

    Debt collection companies often times can't prove their cases and when it's a small dollar amount they frequently won't have the witness they need at trial.

    Besides, from your post it sounds like you may be judgment proof anyway - so if they get a judgement they may not be able to collect it. Put food on the table and keep a roof over your head first.

    If you need more assistance call an attorney who is experienced in debt collection defense. Many of us provide free initial phone consultations.

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  • I adopted a kitten in my name and my ex took him from me.

    I adopted a kitten back in February under my name and then my ex took him from me how do i get him back? He has all of the kittens paperwork.

    Joseph’s Answer

    As already said, contact the police. If they won't help, you can pursue what's called a replevin case. Since a kitten is property, and it's yours, if he won't give it back you can sue him and seek an order for replevin commanding him to bring back the kitten. You can do it yourself, but it's not simple and you would be better off hiring an attorney - but it will likely cost you a couple thousand dollars to pursue with costs.

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  • What are my mothers options in this case? Consider her mentally disabled condition.They also own a house together.

    My mother has a mental illness caused by a strong kick(steel toe boot) her husband did.He constantly makes threats to not pay the house bill and all types bills altogether.He always calls her crazy and other bad words and does not buy her medicati...

    Joseph’s Answer

    If she's in an abusive relationship then she needs to get out of it. Have her consult with a divorce attorney ASAP, she may be able to get spousal support from him.

    If he injured her she may have a civil case she could pursue against him for compensation - this should be discussed with an injury attorney, especially if he has any assets.

    She may also want to consider pursuing criminal charges against him.

    There are many services available for people in such a situation - it may not be easy, but the solution is likely not staying in such a relationship. Food pantries and non-profits can help with food and other basic needs. Check out this one (I work with this one and know it does great things for people across the Chicago metro area.)

    There is nothing wrong with getting a little help when you need it.

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  • What is the statute of limitation on collecting a judgment for defamation in Illinois

    If I have received a judgment in a civil suit for defamation how many years do I have to collect that judgment?

    Joseph’s Answer

    Look to 735 ILCS 5/2-1602 for specifics; however, the short answer is 7 years before you have to revive it in accordance with the statute. You can revive it several times - but you must follow the statute. If you handle it correctly you should be able to collect for up to 27 years from when the judgment was entered.

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  • Any good defense attorneys in Chicago Illinois?

    I have a court coming up in about a week. I know I waited last minute, but I need a defense attorney. I'm being sued for property damages in a car crash that wasn't my fault. Are there any defense attorneys in Chicago that can help me or review my...

    Joseph’s Answer

    First off, if you had insurance then you need to contact your insurance company immediately. If you had coverage at the time of the collision they should not only defend you but also pay for any damages you may be responsible for up to your policy limits.

    If you do not have insurance, search for a lawyer through Look for someone who has experience in defending motor vehicle accidents. Many of us provide free initial phone consultations. But do not delay any further, call an attorney today.

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  • In Illinois, can a judgement that is more than 7 years old be collected?

    I live in Illinois. Until recently, my credit report showed a judgement from 2007 (a little more than $2,500). Even though I don't recall being served, the judgement was entered. I can't change that - what's done is done. Here's my quest...

    Joseph’s Answer

    With respect to your question, the judgment can be revived. Look to 735 ILCS 5/2-1602 for more information on timing issues and rules that apply to revivals of judgments.

    If handled correctly by the party who is collecting, they will be able to revive it several more times and it could follow you and be collectible for many years to come.

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