Erik Glen Swanson’s Answers

Erik Glen Swanson

Contributor Level 15
  1. Trial by jury in a small claim

    Answered about 5 years ago.

    1. Erik Glen Swanson
    2. Alan James Brinkmeier
    3. David Matthew Gotzh
    4. Kevin Brendan Murphy
    4 lawyer answers

    Since you asked for your questions to be answered specifically: 1. No. Defendant has the right to demand trial by jury. You cannot reject it, period. 2. As Plaintiff, you can't change your mind about where you sue them. A Defendant has the right to seek a change in venue, but your first and only chance to pick a venue is when you file the complaint. The only way to change venue now would be to take a non-suit and re-file the case in the other county. Mind you, that may or may not...

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  2. In IL, if I want to amend a claim for more money in a Small Claim court, may I ask directly the Judge in the First Appearance?

    Answered about 5 years ago.

    1. Erik Glen Swanson
    2. David Matthew Gotzh
    2 lawyer answers

    Generally, yes, you can amend a complaint at anytime before trial. If you are making substantial amendments, you would want to motion the court to do so, especially if your amendment raises the amount claimed above the "small-claim" threshold (10,000). Keep in mind that small claims cases are generally handled on a more informal and expedited basis, so many courts are reluctant to permit much motion practice or "lawyering" on the same. As to reinstatement, yes, within 30 days, it's...

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  3. Collecting civil lawsuit damages IL state

    Answered over 6 years ago.

    1. Erik Glen Swanson
    2. Jon Mitchell Jackson
    2 lawyer answers

    There are many ways to collect upon a final judgment in Illinois, including liens on property, garnishments on wages, and so on. This is a complicated area of the law. You would be well-served to contact an attorney who specializes in collections to help you.

    1 lawyer agreed with this answer

    4 people marked this answer as helpful

  4. Am I entitled to a full refund for botched services on my child's boxing uniform?

    Answered over 5 years ago.

    1. Erik Glen Swanson
    2. Pamela Koslyn
    2 lawyer answers

    It really depends on what the contact was between you and the tailor. If the tailor was contractually obligated to make a uniform in a certain way - color, design, etc., and didn't, then you would have a case against him. If what you expected from him wasn't clearly set forth in a contract, however, and you just didn't like what he did, however, it's not so clear. Your fact pattern doesn't make clear what his obligations were. Disclaimer: This answer is provided as a public service and as...

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  5. Defending a auto personal injury lawsuit in IL

    Answered over 6 years ago.

    1. Erik Glen Swanson
    2. Michael W. Clancy
    3. Oscar Michelen
    3 lawyer answers

    If you have been named as a defendant in a civil action, it is very important that you consult with an attorney. Depending on your financial situation, you should be able to find an attorney who can work with you at prices you can afford. If you fail to respond to the complaint, the plaintiff can win by default, get a judgment and do things like garnish your wages to collect. If you cannot afford an attorney, you can represent yourself (called "pro se") but this is very difficult for most...

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  6. Medical Malpractice & Negligence On Hospital

    Answered about 5 years ago.

    1. Andrew Pavlinski
    2. Erik Glen Swanson
    2 lawyer answers

    Maybe. Medical malpractice cases are difficult and expensive; they require attorneys who specialize in such matters, who must be very careful choosing their cases, as to lose one would mean the attorney could be out hundreds of thousands of dollars in advanced costs (medical records, expert reviews, court costs, etc.). The facts you describe certainly warrant your immediate follow-up with a medical malpractice attorney and I would strongly urge you contact one. You shouldn't have any trouble...

    2 lawyers agreed with this answer

  7. I was verbally abuse by an employer at a public library. can i sue the library and the employer?

    Answered almost 6 years ago.

    1. Erik Glen Swanson
    2. Alan James Brinkmeier
    3. David C. Garner
    4 lawyer answers

    I suppose you could bring a claim for Intentional infliction of emotional distress, but your damages are nominal, at best, which means it would be very unlikely that your claim would be viable. I certainly couldn't imagine any attorney would be willing to assist you in filing this claim. Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an...

    2 lawyers agreed with this answer

  8. Our business has $30,000 in credit card debt. Can the business file bankruptcy to eliminate them?

    Answered about 5 years ago.

    1. Erik Glen Swanson
    2. James T. H. Buxton
    3. Gust G Sarris
    3 lawyer answers

    A quick two-part answer: Yes, the business can file bankruptcy; but whether or not that would eliminate the debts (not if they were personally guaranteed, for instance) and/or whether that's the best solution to the problems your business faces is a different matter. A sit-down with a bankruptcy attorney would be a good idea, in my opinion.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. Can the president of a condominium association hire an attorney without consulting the board and holding a board vote?

    Answered about 5 years ago.

    1. Erik Glen Swanson
    2. Alan James Brinkmeier
    2 lawyer answers

    Not unless your Association's by-laws or Declaration empower the Board President to make such decisions on his own, which would not be usual, to say the least.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. My car was at a stop light, car #1 hit car #2 and car #2 hit my car.

    Answered almost 6 years ago.

    1. Erik Glen Swanson
    2. Dennis Michael Phillips
    3. Eric J. Parker
    4. Donald Solomon Nathan
    5. Lars A. Lundeen
    5 lawyer answers

    Can you, sure. The problem is, however, that it's unlikely (albeit not impossible) that car 2 has any liability, which means you wouldn't win your lawsuit. Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful