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Michael Emmet Forkan

Michael Forkan’s Answers

36 total

  • Daughter is schizophrenic. Not taking care of her teenage son. ex. needed new bluejeans she handmade him a pair. grandson seein

    seeing a thearpist only if see is willing to take him. He is depression medicine. Gets ssi and spends it on herself the first day. I can I protect my grandson and help him without her consent

    Michael’s Answer

    What sort of neglect and abuse is happening here? I am not sure that handmaking blue jeans for someone is grounds to terminate someone's parental rights. If the mother is a danger to herself and other including your grandson there are ways to petition for custody. You should speak with an experienced attorney to get some more advice.

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  • Private student loan trying to garnish wages. Can they do that?

    I have a private student loan that is now in collection. The collection agency contacted me to collect, but I offered to setup a payment arrangement. The amount that they were willing to accept is way too much money that I can afford to give. I of...

    Michael’s Answer

    Like Pierre stated student loans don't go away. The only way one can discharge a student loan obligation through bankruptcy is by demonstrating undue hardship. What this means from a practical standpoint is that you can't pay the loan now nor will you be able to in the future due to some sort of disability impacting your present and future economic earning capacity.

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  • Roommate refusing to pay utilities. Do I have a case to take her to small claims? Total $250 unpaid.

    I moved out at the end of a lease that I shared with two other roommates. I handled the utilities. When I moved out, one roommate had not paid for 3 months worth of bills. 2 months later, she wrote saying she won't pay, citing: (a) she was out of ...

    Michael’s Answer

    • Selected as best answer

    The filing fee alone for a claim not exceeding $250 in Cook County is $119.00. Is the time and effort of trying to collect $250 really that worth it? You will need to prepare a complaint, file it, make sure it is properly served and then appear in court and prove your case. And just because you get a judgment doesn't mean you will automatically get paid.

    Do you really need the money or is it just the principal. You should consider it a lesson in roommate relations and move on.

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  • How can I remove the co-signer to a car from the loan?

    My father in-law helped his daughters boyfriend get a car, they ended up breaking up and now the boyfriend defaulted on 3 payments. my father in law has the car back in his possession made the 3 payments that was due and now wants the boyfriend o...

    Michael’s Answer

    Who is the primary borrower on the loan? Are both your father in law and the boyfriend on the title of the vehicle?

    It sounds like the lender is willing to do a refinance under your father in law's name but the co-borrower needs to "sell" his interest to your father in law to do so.

    Unfortunately you guys are going to have to figure something out in order to get the boyfriend to sign over his interest in the vehicle. A co-signer can not get off the loan unless both signers agree in writing to release one of the signers. And only the person whose name appears on title is entitled to the vehicle. Other than trying to reason with the boyfriend and offer him a few bucks to sign over his interest I don't know that there is any way to force him to sign anything.

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  • Not sure were to start

    my grandpa past away last year and before he did he told me he was gonna leave me his will and im not sure were i cant go to find it

    Michael’s Answer

    How many heirs did your Grandpa leave behind? Are you aware if he had an attorney? Has anyone else in your family ever spoken about his will or awareness of an estate plan?

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  • Just arrested for DUI in Chicago. Blew 0.134. First offense. Can I get supervision with guilty plea/finding?

    Officer pulled me over for following too closely. Proceeded with DUI investigation. Voluntarily submitted to breathalyzer and blew 0.134. Was unaware that I could refuse the test or of the consequences for failing. The officer told me that it was ...

    Michael’s Answer

    You are eligible for supervision on a first offense. You should consider speaking with an attorney for your case.

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  • Brother, temporary guardian, lets some family visit incapacitated uncle and not some of the rest of family? What can we do?

    Brother , temporary guardian of uncle, recently incapacitated. He has told some of the family members where he is, so that, they may visit hime. He will not tell some of the rest of us. I need legal information and/ or advise.

    Michael’s Answer

    Why don't you just ask the other family members of his whereabouts?

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  • How can i find a honest and dedicated attorney to fight for custody of my child

    I have been with two different attorneys and I am very dissatisfied with the level of service I have received an the money I have spent so far.

    Michael’s Answer

    Are you dissatisfied with the attorneys or the legal system? Did you ask enough questions before hiring your attorney? Did you explicitly tell your attorney what you were expecting through the child custody proceeding? Most issues can be avoided if there is enough communication. Child Custody cases are difficult, emotional and costly. And communication is paramount especially at the outset. Are the attorneys you hired experienced at handling these types of cases?

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  • Family Dan Gallagher Cook County, Illinois- Family Law Can you help us with Family law issue?

    I have a friend who lives in Waukegan, Illinois- She has two daughters ages 3yrs, and 18 months. I have known her for 20 years. She is in a custody battle in Lake county and her attorney has been hospitalized for a coronary, heart attack, he ha...

    Michael’s Answer

    Your friend will need to inform the court of her attorney's condition. Lake County is a smaller community than Cook County and I imagine that the court may already know. Obviously there is no way for me to tell that.

    In any case, your friend should try to get in contact with her attorney's office and figure out what is happening.

    I am not really sure what you are asking but it sounds like you want your friend to find another attorney to handle the case since he has been hospitalized and his future health is uncertain. Therefore she should try to find a family law practitioner in Lake County to come in as a substitute attorney.

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  • I want to file a service by posting today for eviction.Tenant will not come down for summons by i want her out sooner.

    how long does it take to have a judgement no money if i do a sevice by posting today. 10/21/2011

    Michael’s Answer

    • Selected as best answer

    I depends on if you followed all of the proper procedures in filing the case.

    First, you must have properly served a 5 day notice to the tenant or someone over the age of 13 residing at the apartment. If the tenant has abandoned the apartment this can be done by posting. One particularity if the eviction is for non-payment of rent you must have the correct dollar amount in the 5 day notice that the tenant must pay in order to "cure" their breach of the lease.

    Second, after the 5 day notice expires you can file the lawsuit. In Cook County you MUST attempt service with the Sheriff first even if you know the tenant won't answer the door. The Sheriff gets the first try. You can ask for leave of court to do service by posting on the first return date. It depends on the Judge as to whether they will grant service by posting.

    Last, once you obtain service by posting the Sheriff then physically posts a summons on the apartment with a return date. On that return date you can get an order for possession only. The return date in Cook County on a Notice by Posting must be at least 10 days from the date of posting. So if you followed all of the correct procedures and properly obtained leave to perform service by posting and then filed the new alias summons giving the Sheriff ample to to post it then the soonest you can get a Judgment is October 31. Many Judges place a stay on enforcement of an order for possession. So you won't be able to physically enforce the order until that time period lapses.

    Illinois Legal Aid has a great guide on the eviction process and specifically tailors it to performing an eviction in Chicago. I included a link. Hope this helps. Good Luck!

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