Peter Ordower's Answers

Tolling Statute of Limitations

First, you might ask the other side to agree in a binding writing that the statute of limitations will be tolled for a set amount of time while you pursue settlement. The mere conduct of settlement negotiations will not toll a statute of limitations. If you have timely sued the right parties for the right claims, then you met the statute's requirements. If not, such as if you sued the wrong parties, then there is a risk that letting the statute run without naming the proper defendants or causes...

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Can an ex-parte jugement be vacated in Illinois Cook Count Court

Yes, there are provisions in the rules for vacating a judgment after 30 days. If you participated in the case, however, you may have waived an objection to personal jurisdiction. It is best to consult with an attorney if the judgment concerns you.

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Can I be sued for defamation of character if I filed an ethics complaint/grievance?

Generally, people have a qualified immunity from liability for defamation if their derogatory stements were solely made in a proper legal form to obtain legal relief. Once you start making statements outside such a forum, there is a far greater risk hat your derogatory statements would not be considered priviliged.

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Trial by Jury changed to Mandatory Arbitration? Is this in my favor?

It is very possible the judge did not really deny the request for a jury trial but simply ordered that it must be arbitrated first. If the parties accept the result of the arbitration, a trial is unnecessary. If either side timely rejects the arbitration award, and likely pays a fee , the case can still be tried before a judge, and possibly a jury if it was properly requested. As arbitrations tend to be slightly less formal than trials, it is often easier for a pro se party to present his case...

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How long does one have to file an appeal?

The time for filing an appeal may differ depending on what court your case is in (i.e. state court, federal court, administrative agency). It is best to consult with a lawyer, but each legal forum will have its own set of rules governing the time to appeal.

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I took a sales position with a company, the recruiter "sold" me on the position, telling me that I would easily make 6 figures.

You might have a cause of action for fraud, but in order to determine that, additional facts would be necessary and you might be well advised to talk to an attorney. You might also want to think of looking for another job, because if your employer has misled you from the beginning and your opportunities are less than you were led to expect, it does not bode well for the future.

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If my daughter is 14 but is behind in school 1.5 years can she testify in a guardian case?

Judges have substantial discretion in allowing witnesses to testify. If it would be relevant to an issue, and the court does not believe she would be unfairly traumatized by testifying, and she appears to understand the importance of testifying truthfully in court, my guess is that her testimony would be allowed, and the judge would consider her testimony along with all of the other evidence in ruling on the matter.

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What happens if a summons is not served by the court date and afterwards they have a valid address to serve the summons?

The usual procedure is that the plaintiff will simply obtain a second (or alias) summons to be served at the valid address, and the case is continued for another status hearing at which time the court will inquire whether the defendant was served. As others have said, this may occur numerous times over a good number of months before the court will dismiss a case for want of prosecution.

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What sanction will be put on me if I fail to make use and occupancy payments ordered by court.

Failure to comply with a court order could result in finding you in contempt or sanctions against you, which could things like a fine, jail, or a default or other order hurting your position in the litigation.

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I am 1 of 8 defendants in a product liability case. Do I need to file an answer and appearance or can I just file my appearance?

Assuming that the claim is not in small claims court, a failure to answer subjects you to the possibility of a default judgment against you for any relief sought in the complaint, and you can effectively be barred from contesting the claim. Also, if you are incorporated, you will need to hire an attorney to appear on behalf of the corporation.

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