Felipe Nery Gomez’s Answers

Felipe Nery Gomez

Chicago Litigation Lawyer.

Contributor Level 6
  1. On April 27, 2012 my electric was shut off due to alleged tampering.

    Answered over 1 year ago.

    1. Felipe Nery Gomez
    2. Judy A. Goldstein
    2 lawyer answers

    I handle ICC complaints, but there is really is no quick easy way to get Comed to turn on power without paying them first and getting a credit if they were wrong. Given the (likely) colder weather you may have grounds for an emergency injunction action in the event you truly did nothing wrong and did not owe them as claimed, but that legal service would not be cheap and likely would require you to post a bond for the amount in dispute too (as well as basically prove your case first, just to...

    Selected as best answer

  2. Summons received, do I need a lawyer when I go to appear?

    Answered over 1 year ago.

    1. Felipe Nery Gomez
    2. Robert Thomas Kuehl
    3. Robert Edward Tardif Jr.
    3 lawyer answers

    As far as appearing, you do not need a lawyer for the first date, which is merely filing your appearance at the courthouse, upon which you will get second date to go to court, at which you still do not need lawyer, just tell judge you would like to try to find one. Depending in age of loan and whether it was consolidated, the alleged holder may not have the paper proof they need to enforce the debt, and if the loan has been resold as they oftimes are, the paperwork containing your signature...

    2 lawyers agreed with this answer

  3. Just checked my credit report, I found a debt buyer on an old credit card even though its been closed by the original creditor!

    Answered over 1 year ago.

    1. Manuel Alzamora Juarez
    2. Dorothy G Bunce
    3. Felipe Nery Gomez
    3 lawyer answers

    The SOL for credit cards is 5 years from when your account was closed, however the SOL can be waived (if you know of a lawsuit and fail to tell the Court that the debt was more than 5 years old), so it is important to know if they sue so you may use the opportunity to have the Court declare the debt void due to the SOL. One way to do this is to write the creditor informing that they have a bad debt, along with your contact information. Thereafter, if they sue you not only will they know...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. How can I get a negative judgement removed from my credit report?

    Answered over 1 year ago.

    1. Tara Leigh Goodwin
    2. Felipe Nery Gomez
    3. Sean Michael Patrick
    3 lawyer answers

    Your issue is initially a landlord-tenant question. First, if your Landlord does not live in the building, or if he does if it has more than 6 units, your tenancy is subject to Chicago Residential Landlord Tenant Ordinance, and in any event to 735 ILCS 5/9, the Illinois Forcible Entry and Detainer Act. In either event, in order to properly begin evictions proceedings, the Landlord must issue a notice, usually a "5 Day Notice", that allows you 5 days to pay the past due rent before the...

    1 lawyer agreed with this answer

  5. DO I NEEDED A REAL ESTATE ATTORNEY?

    Answered almost 2 years ago.

    1. Judy A. Goldstein
    2. Christine Coffman Karr
    3. Felipe Nery Gomez
    4. Robert A. Stumpf
    5. James P. Frederick
    5 lawyer answers

    Assuming the property was in a Living Trust and a will need not be probated, the Executor can try to negotiate a lease/rent with the sibling to validate their tenancy and get an agreed move out date (assuming he or she is not destroying the place or taking items elsewhere for personal use that are part of the Estate, and assuming that the Estate is agreeable to allow a tenancy for a period of time until the house is sold - it is not always bad to have someone in the home to guard it versus...

    1 lawyer agreed with this answer

  6. Individual issued a $608 check and placed a stop payment due to insufficient funds. Can I sue in Chicago?

    Answered over 1 year ago.

    1. Alexander Mchenry Memmen
    2. Felipe Nery Gomez
    3. William Dean Lohrman
    3 lawyer answers

    Assuming that one of you live in Cook County, you can file a small claims action at the Daley Center or a branch and pursue it yourself to get your $608 and your costs of filing. The small claims complaint and summons is available on-line at the Cook County Court Clerk website, see list on left side at "Forms", then search for "complaint" under the "Civil" tab (which is the default tab anyway), click on small claims complaint tab, and fill out by telling your story and what evidence you have,...

  7. I am not able to pay a fee from a summons, is there anything I can do to avoid a judgement by default?

    Answered over 1 year ago.

    1. Judy A. Goldstein
    2. Joan Marie Fenstermaker
    3. Felipe Nery Gomez
    4. Scot J Eliot
    4 lawyer answers

    After consulting with an Attorney as to whether you should defend on the case, you can go to Cook County Circuit Court Website and click "Court Forms" on the left side, then click on the search tab and enter "APPLICATION AND AFFIDAVIT TO SUE OR DEFEND AS AN INDIGENT PERSON", it will bring up CCG N689A and B, which you or you with your attorney can fill out and take to the Court Clerk, who will then direct you to a Judge to hear, and usually grant, the request, thus allowing you to participate...

  8. I live in michigan but lived in illinois. A company i took out a loan with back in 1999 in illinois is suing me defaulting.

    Answered almost 3 years ago.

    1. Felipe Nery Gomez
    2. Mazyar Malek Hedayat
    3. Stephen M Trezza
    3 lawyer answers

    1. If you were served with the complaint (or if service was obtained by publication) and missed a court date it is possible that the company got a "default" judgment, and will or have already proved up the damages (loan amount). Thereafter they can begin garnishment proceedings (a related but separate action directed against your employer), to force your employer to pay the debt from your wages, however the fact that you live in Mich will complicate things to an extent. 2. In the event...

  9. Remand a Case back to State Court

    Answered almost 3 years ago.

    1. Michael S. Haber
    2. Felipe Nery Gomez
    2 lawyer answers

    Your last idea might work (dropping the federal claims to divest the district court of original jurisdiction, limiting the court to diversity jurisdiction), although you need to determine your relative strength of case on the federal claims versus the state claims, and whether you can recover attorney fees under state or federal law. However, it could be that being in federal court could work to your advantage, especially since FRCP 26 requires mandatory discovery by the parties without having...

    1 person marked this answer as helpful

  10. Can ICE over rule a judges court ordder?

    Answered over 1 year ago.

    1. Felipe Nery Gomez
    1 lawyer answer

    While I do not do immigration, a federal agency must obey the federal court order same as your fiance, thus if the court order allows until 2/6 to leave, ICE should not be able to force an earlier date. I suggest consulting with an immigration attorney before you do anything else, but the simplest solution may be to have an attorney call/fax a copy of the order to the Agent's supervisor and inform of your complaint.