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Thomas O. Moens

Thomas Moens’s Answers

5,634 total


  • What does "Arbitration Agreement" mean --- and can some one have a sheriff come to your place of business?

    Spoke to a bill collector --- indicate that the Arbitration Agreement states that legal gation meaning that they can have the sheriff come to your place of business

    Thomas’s Answer

    Arbitration is an alternative to using the courts to settle disputes. An impartial third person will listen to your evidence and decide what should happen. If the sheriff comes to your place of business, it would only be to hand you some documents letting you know that at lawsuit has been filed. It may be that this collection agency has violated the Fair Debt Collection Practices Act. You should document every telephone call--names, dates, times, what was said, and keep every piece of mail they have sent you, and contact a consumer law attorney in your area.

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  • If you stop pirating now? Can you be prosecuted in the future?

    Based on speculation, I want to know if a government can charge you for copyright or can a company can sue you in the future if you pirated in the past. If you stop now, will they still get you in the future? Also my wifi was recently hacked and i...

    Thomas’s Answer

    he statute of limitations is probably five years, depending on the piracy, and assuming you do not mean the "yo ho ho and bottle of rum" type of piracy.

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  • Can I with hold rent?

    We were going to buy the house we are renting but backed out because this house needs way more work then we thought. We had to redo a room because the owners wouldnt. It was inhabitable. Can we with hold what we put into it?

    Thomas’s Answer

    More information would be needed, as well as a review of any written agreement you may have had with the owner in order to answer your question.

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  • If I turn a mobile home into real property instead of personal property, will the mobile home zoning regulations apply?

    I need to know if I turn a mobile home into a permanent home (remove axles, hitch and place it on a concrete foundation), which will make it real estate instead of of personal property, do the mobile home zoning regulations apply once it is perman...

    Thomas’s Answer

    I would suggest that step one would be to discuss your plans with a real estate attorney in your area. Zoning ordinances are local, and your attorney would be in the best position to make sure your plan will fit in with those ordinances. Your attorney will discuss your plans with your county or municipality's building, planning, or zoning department. I am not familiar with the ordinances in your area, but it seems unlikely there are no requirements for lot size for building. At the very least, there should be set back lines, which essentially limit on how much of the lot you can build. There also may be subdivision restrictions. And you will need to make sure your conversion complies with 765 ILCS 170/5-5.
    http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3562&ChapterID=62

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  • What is the status of limitation for hospital bills in Illinois?

    My freshman year in college I was sent to the hospital because I got a really bad case of poison ivy where they gave me what I needed him. My dad paid everything off like he was supposed to and now I'm getting calls from collection agencies years ...

    Thomas’s Answer

    If the debt was based on a written agreement, the statute of limitations would be ten years. If there was no written agreement, it likely would be five years. Since it appears the company trying to collect is not the original creditor, it would need to comply with the Fair Debt Collection Practices Act. You may want to consult with a consumer law attorney to help you formulate a plan.

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  • Son needs lawyer to file civil case in Illinois due to serving too much time on a jail sentence

    I post on my sons behalf who is currently incarcerated (in Illinois) serving his parole there as he has no site to parole to. However he has served more than a year and a half too much on his original sentence and has told me they would have to re...

    Thomas’s Answer

    You will need to contact attorneys individually. Attorneys are prohibited from soliciting your business through this website. You might try an internet search, referrals from friends or family, or use the Find a Lawyer tab at the top of the page.

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  • My lawyer says I can not ask to return to my home state of Massachusetts because it will look bad upon me

    Says it will look like I'm trying to take the children from the father... meanwhile I have a posh home in Massachusetts. .. more job opportunities. .. yet I am reduced to live in a so so apartment in Iowa. .. why is this? It's ridiculous. . I know...

    Thomas’s Answer

    Since you indicate that you have hired an attorney, you should direct your questions to him or her. Not only would it be ethically suspect to second guess your attorney, he or she will have far more information about the situation than anyone on a simple question and answer forum would have.

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  • Can you file for breach of contract on your LCC business partner

    my business partner is going behind my back and trying to dissolve our LLC , making business decisions without my approval, and changed passwords so I can't even get into see our accounts. Our LLC states any and all decisions to be agreed by bot...

    Thomas’s Answer

    If discussing this with the other owner has not been effective, you next step is to hire a business attorney. This would seem to be more than just a breach of contract.

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  • Division of vehicles in a 3-year relationship

    My fiancé has a permanent address listed in Arkansas. I have one in Iowa. He is a pipeliner and we travel to various states to work. We hold ourselves out as husband and wife. At one time I had a vehicle in my name. A bankruptcy occurred, the vehi...

    Thomas’s Answer

    You do not ask a question. If you are wondering who owns the vehicles, it likely would depend on the names on the titles. The other party might have some claim for contribution, but whether this is worth pursuing depends on how much is in dispute. Your best bet would be to try to work this out between you, and perhaps mediation might be of help. Since you are in different states, this will complicate things as well.

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  • When do I become responsible for discovery and repairs?

    I just bought a condo a month ago. The unit below me is has had water come in on two occasions. The first happened weeks ago and was a small amount. It was not tied to any of the drains we tried pouring water down. It was left as is. The sec...

    Thomas’s Answer

    It seems as though you have gone above and beyond in trying to help your new neighbor find the source of the leak. It also seems as though your unit is not the source. Is it somehow related to rainfall? Perhaps there is a leak in the roof which finds its way through the walls to your neighbor's unit.

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