Skip to main content
Michael Emmet Forkan

Michael Forkan’s Answers

36 total

  • What does it mean when you lose guardianship of your children?

    I'm fighting a case against dcfs

    Michael’s Answer

    Are you the parent? Who has guardianship at the moment?

    This site has good information regarding DCFS and gurdianship

    See question 
  • Is anyone a free pro bono lawyer in dupage il that will represent in court for family law in visitation?

    legal aid will not qualify me because i live in a different town as dupage i live in cook county ive been calling all over.

    Michael’s Answer

    Have you contacted the DuPage County Bar Association?

    See question 
  • What happens when the 20% of an 80/20 loan is charged off, and the 80% lender is willing to short sale investment property?

    The short sale of the 80% lender might cover that loan, but now that the 20% lender has been charged off, Will the 20% lender come after me for the full amount of the loan ?

    Michael’s Answer

    Sometimes the 2nd mortgage holder initiates collections. They may forgive the debt and issue a 1099 C.,-Cancellation-of-Debt

    You should contact the bank and see what they are intending.

    See question 
  • How do I deal with City of Chicago violations

    My former partner and I purchased 15 vacant lots in Chicago. The lots are worth nothing yet and we are flat broke to support them. The city continue to fine us and garnish are wages due to weeds being high and fences not being up. We are talking 3...

    Michael’s Answer

    You should contact the City's attorney to see if you can work something out. If you want to avoid personal liability you will probably have to file bankruptcy.

    See question 
  • Do I resolve issue of late May rent payment with landlord prior to court date that he initiated?

    10 day notice posted on door May 11 2013 for nonpayment of May rent May 17 court summons posted on apartment door May 18 text message received from landlord stating they will no longer receive any payments from me I never responded .Today is t...

    Michael’s Answer

    First, the landlord'd 10 day notice may not have been proper. He needs to serve it personally on you personally, or upon someone over the age of 13 in the apartment, or mailing it to the tenant by certified or registered mail, with a return receipt from the tenant.

    Generally, If you pay the entire past due amount to your landlord you can stay. I would bring a witness with you when you go to pay.

    However, you may also be able to get the eviction case dismissed due to improper notice.

    You should probably hire an attorney to look through your lease and the pending court case.

    See question 
  • Currently getting unemployment in IL. Will I still be eligible for it when I begin student teaching?

    Length of claim will extend through my student teaching assignment. Student teaching assignment is unpaid. Illinois UI has an "able and available to work" clause. I am both - but only at night because of my upcoming student teaching obligat...

    Michael’s Answer

    You should really contact your local IDES to confirm anything.

    This would seem to me to be related related to training. Were you a teacher before? As far as I know you can collect unemployment as long as you occupation is not that of a full time student and that the schooling or training your receiving is related to getting job skills.

    An individual can remain eligible for unemployment benefits while participating in a training program IF:

    1. the individual remains available for work and actively seeking work and has not refused an offer of suitable work without good cause;


    2. the training qualifies as "approved training" under state law.

    NOTE: An individual whose principal occupation is that of a student whose course does not constitute approved training is ineligible for unemployment benefits.

    For training to be approved it must meet the following requirements:

    The training course must relate to an occupation or skill for which there are reasonable work opportunities in the locality

    The training course must be vocational; and

    The training course cannot be more than one year in duration; and

    The course must be designed to facilitate the individual's reemployment; and

    The course must focus on skills necessary for securing entry level employment; and

    The course must be at least 12 hours per week of instruction; and

    The training course must be offered by a competent and reliable agency, education institution, or employing unit; and

    Work opportunities for which the individual is currently qualified must be limited or not exist in the locality; and

    The individual must have the qualifications and aptitude to complete the course successfully.

    See question 
  • Can we lock out a tenant who is in default for non-payment on a commercial lease?

    We have a tenant who is 2 mos behind. We've given them every opportunity to pay their rent. Can we lock them out for non-payment?

    Michael’s Answer

    • Selected as best answer

    A landlord cannot lock out or remove a tenant without a court order. A landlord must bring a forcible entry and detainer suit in order to end the tenant’s right to possession of a commercial property.

    Even if the lease has a provision that states the landlord can lock out a tenant. You still have to go into court and get a court order the landlord must have a court order before they can lock out or take away possession of the commercial space from the tenant.

    See question 
  • I failed to make a the ordered payment for a USE AND OCCUPANCY. Can the landlord file a motion to say am in contempt of court?

    And ask for judgement and possession? Does he have a case and can this judgement be possibly entered?

    Michael’s Answer

    If the court awarded use and occupation to the landlord and you failed to pay per the court’s order, then the landlord may seek sanctions, one of which is the entry of a judgment in favor of the landlord for possession, without a trial.

    See question 
  • My landlord filed a Use and Occupancy but failed to mention the amount is it grounds for a judge to dismiss her request.

    She failed to mention how much is being demanded in the U & O. And did not support her claim with a fair market value of the property. Do i have a case of having this dismissed. If i'm ordered to pay her how soon will i be required to pay this?

    Michael’s Answer

    In the absence of evidence of the fair market value it is presumed that the use and occupancy was that amount fixed in your lease.

    See question 
  • In what Illinois County Circuit Court Division Clerk's office [e.g. Chancery, Law, etc.], ...

    ... or if it is the Illinois Court of Appeals or the Illinois Supreme Court, are Complaints, or Writs, of Mandamus filed. Please help by identifying which venue is appropriate as well as any URL support for form, format and/or procedure. Thank y...

    Michael’s Answer

    I am not sure what you are trying to do. I can tell you that mandamus is governed by 735 ILCS 5/14-101 et seq. and Illinois Supreme Court Rule 381.

    A writ of mandamus is a summary writ issued by a court of competent jurisdiction that commands the officer to whom it is addressed to perform some duty to which the petitioner is entitled as a matter of right to have performed and that the party owing the duty has failed to perform

    If you are trying to get a lower court to act then this might not be the route since that is the purpose of an appeal. Mandamus may not be used to substitute for appeal or to circumvent the normal appellate process.

    As for the procedure I would say that it would be with the Illinois Supreme Court. The action in the Supreme Court is commenced "by filing a motion, supported by explanatory suggestions, for leave to file a complaint seeking appropriate relief"

    See question