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John J Curry Jr

John Curry’s Answers

5 total

  • 6 pesron jury demand residential

    I was instructed by council to request a six person jury demand,I was asked by council if there was a lease ,I said no,how much was the rent ,I said 450.00 a month, how long I lived there ,I said approximately 2 years ,was I ever required to pay a...

    John’s Answer

    I am sorry but I neglected to make one more suggestion. You should prepare yourself for your defense by contacting any one of several tenants organizations in Chicago. You may be able to find some helpful information on line from either www.renters-rights.com or www.tenants.org.

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  • 6 pesron jury demand residential

    I was instructed by council to request a six person jury demand,I was asked by council if there was a lease ,I said no,how much was the rent ,I said 450.00 a month, how long I lived there ,I said approximately 2 years ,was I ever required to pay a...

    John’s Answer

    Your question is whether you can successfully represent yourself in a jury trial on your eviction and breach of lease case. Although it is possible that you could successfully represent yourself in a jury trial, the courts in Chicago will strictly bind you to the rules of procedure that apply to conducting jury trials. Unfortunately, there are many such rules and some you may find complicated. Therefore the odds of you properly educating yourself on conducting a jury trial and succeeding in the case would be pretty low. Of course, people in your position have succeeded, but the overall number is quite small. Moreover, you would have to consider the possibility that a jury might not sympathize with you and that a jury might rule against you regardless of the strengths of your case -- that in fact happens every day in every court.

    One suggestion to consider is that you waive (or give up) your right to a jury trial and bring your defense before the judge alone, in what is called a bench trial. If you have any facts that operate in your favor, you may find the judge sympathetic (many of them in housing court are) and even if you lose, you may be given additional time to leave the premises and pay any outstanding amount due. Or you may even win your case.

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  • Truck towing from a store parking lot where I have had delivery.

    How do you interpret the following passage from the ICC: "The Commission approved a maximum charge for relocation towing of $520 per tow, per unit for medium duty vehicles weighing more than 10,000 pounds but less than 40,000 pounds; $700 per to...

    John’s Answer

    I think you are wondering whether the ICC provision means what is says, in common sense language; it does. However, your problem is establishing whether your truck was under 40,000 pounds. Can an 18 wheeler come under that weight? I would suggest that you present any written proof of weight to the tow company, insist on a refund, and warn them that you will complain to the ICC about their charges in violation of the rule. If the tow company does not give you satisfaction, then present your written evidence to the ICC. Good luck.

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  • How do I find out who filed a civil lawsuit against me. I just moved to a different address and was contacted by a relative.

    I don't recall anything done wrong on my behalf.

    John’s Answer

    Civil lawsuits are filed in either state or federal court. State courts are usually allocated by county (and in New York City, by boroughs). For federal cases, go visit the Clerk of the United States District Court in Houston and ask for assistance. Tell them that you wish to search the current docket for any and all lawsuits filed against you. You would be the defendant. The clerk's office should have public computer terminals to have you examine the docket for your name.

    For state court cases, go find the office of the clerk of the court in your county. Here too ask for assistance and say that you want to search the court docket for suits filed against you, giving your name. Again, you would be the defendant. To the extent your jurisdiction has electronic record-keeping, this information should be easily accessible via on site computer terminals. If your jurisdiction is old-fashioned and paper only, there may not be an easy method to search lawsuits by name of the defendant.

    You may want to do this in the districts or counties in which you both work and reside. Beyond that, there is no easy way to determine if a lawsuit has been filed against you in another jurisdiction. However, any lawsuit against you should be filed in the county or district in which you either work or reside (which is the case in Illinois).

    Warning: if you have been sued in any court and you have not appeared in that court, there is a possibility that a judgment has been entered against you. Depending on the judgment creditor's position as to whether you have been evading court obligations or not, and a court finding to that extent, you may be subject to a warrant for your arrest for failure to appear in court. Being present in the courthouse would make you more likely to be subject to execution of that warrant. If you believe there is any risk of this, you may want to seek an attorney's assistance. An attorney can perform all of the preliminary investigation into this matter (i.e., determine whether you have been sued in local jurisdictions, etc.) without exposing you to a risk of arrest for non-compliance with a civil court order.

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  • I was hand delivered a Complaint Summons where the lawsuit amount was "whited out" and a "larger amount" was "hand written" in.

    The initial Summons was hand delivered and the amount was whited out and a larger amount was handwritten in with pen ink. The second copy of the summons was sent via the Postal Mail and had the same thing was done to that. The third copy sen...

    John’s Answer

    Although I am not a New York lawyer (assuming this is a New York case), I believe that it is likely that the law of my state (Illinois) can provide you with a general idea of how this matter is treated.

    In Illinois, technical defects in complaints and summonses may be corrected by formal amendment in the pending lawsuit. The party that caused the defect or error may move to amend the complaint or summons. Further, an incorrect statement of the amount of damages sought can also be amended. In Illinois, the amount stated in the complaint may determine in which branch of the court the complaint is heard. If the corrected amount requires a transfer of the case to a different court, the original court may order such a transfer.

    An error in the amount sought set forth on the complaint and summons should not invalidate either the complaint or the summons. Likewise, this error should not result in a determination that summons was not properly served, if the summons was otherwise properly served. Bottom line, the served party ignores the summons at his or her peril.

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