Skip to main content
James Richard Rowe

James Rowe’s Answers

84 total


  • As a creditor, do I have any legal rights to pursue payment when a business has filed for chapter 128 ?

    A business will be sold in auction and the sale price does not even cover their secured creditors, including the bank that they owe. I was informed that it would be unlikely to receive any payment as an unsecured creditor. Is there any action I c...

    James’s Answer

    More than likely no; however, depending on the circumstances, you may be able to "pierce the corporate veil" and pursue the business owners personally. More information would be needed to make that determination, such as whether or not the corporation was a valid/legit entity, etc.

    See question 
  • I filed an Illinois wage claim against my employer in Feb. 2011 for failing to pay me bonuses on time. Now, 2 additional

    violations have occured: Miscalculating my taxes on a paycheck and telling me on 3/2/11 that I received a raise back in October, but they never told me and it was never put thru the payroll system! I'm afraid they are going to fire me if I file a...

    James’s Answer

    Get in touch with a lawyer asap. You likely have claims under the Illinois Wage Payment Act, which gives you certain rights regarding the payment of bonuses, wages, etc. You have a right to file these claims. Perhaps filing a lawsuit, rather than claims with various agencies, etc., is the better route as you could then combine all the violations into one lawsuit.

    See question 
  • Can I change custody without father's consent?

    I obtained legal custody when grandchild was < 1 yr old. Now almost 13 wants to live with mom. How can I chg situation to where mom can put her in a diff schl district and obtain insurance/medical treatment without going through court system. Does...

    James’s Answer

    If you obtained legal custody as a result of dad's parental rights having been terminated, then he has no say. You could seek to have the child's mom appointed guardian, which would allow the child to reside with her and allow mom to make educational decisions and act in your place, etc. Of course, that will require court involvement.

    See question 
  • If you file a petition to reopen your case and lose can you file a motion to reinstate?

    I filed a petition to reopen my case.It was granted, but I missed the courtdate.Do I file a motion to reinstate the petition or do I file a petiton to reinstate the petiton? I lost by default in a criminal proceeding 15 days ago.

    James’s Answer

    You should file a motion to vacate the default entered against you. Most times, a timely motion to vacate with a reasonable explanation of why you failed to appear in court, will suffice. Beware, as the law requires certain motions to be filed within so many days of the Judge's decision that you are trying to overturn. These deadlines can be very short.

    Sincerely,

    James Rowe
    The Law Firm of Rowe & Associates

    jamesrowe@rowelegal.com

    Chicago office:
    100 North LaSalle Street, Suite 1010
    Chicago, Illinois 60602
    312-345-1357tel
    312-896-0212fax

    Kankakee office:
    555 South Schuyler, Suite 207
    Kankakee, Illinois 60901
    815-929-3844 tel
    815-346-2358 fax

    Free consultations. Reasonable Fees.

    See question 
  • Will i be fired?

    . Im the mother of a son with a severe disease. about 1 hour before work i found out he was going to have a very major dangerous surgery, i went numb and went to work. when i arrived a coworker asked me how my son was and i emotionally broke. i s...

    James’s Answer

    I would agree with the other attorneys, that although Illinois is an at-will employment state, it would be terribly heartless for them to fire you solely for that reason. I wish you the best of luck, and am hopeful it turns out for the best all around. God bless.

    Sincerely,

    James Rowe
    The Law Firm of Rowe & Associates

    jamesrowe@rowelegal.com

    Chicago office:
    100 North LaSalle Street, Suite 1010
    Chicago, Illinois 60602
    312-345-1357tel
    312-896-0212fax

    Kankakee office:
    555 South Schuyler, Suite 207
    Kankakee, Illinois 60901
    815-929-3844 tel
    815-346-2358 fax

    Free consultations. Reasonable Fees.

    See question 
  • It is illegal for a employment compamy to conduct a search on individual employee wealther with or with out a caurse reason

    I have been search by a co-worker . I have been instructed to emply my pocket ; remove my sock; search my locker. ect.... I been told the my employment company sent my the co-worker to search me. I have down nothing wrong to caurse the employment ...

    James’s Answer

    It sounds like you may have a case to the extent the "search" was unconscionable or discriminatory. If you were in any way prevented from leaving, you may have a claim for false imprisonment, etc. A civil rights attorney will be able to further advise you. And please note that attorneys do often provide free consultations and work on a contingency basis (you only pay if you win your lawsuit), so don't be discouraged from asserting and protecting your civil rights based on financial concerns right away. Speak with a lawyer and find out your options.

    Sincerely,

    James Rowe
    The Law Firm of Rowe & Associates

    jamesrowe@rowelegal.com

    Chicago office:
    100 North LaSalle Street, Suite 1010
    Chicago, Illinois 60602
    312-345-1357tel
    312-896-0212fax

    Kankakee office:
    555 South Schuyler, Suite 207
    Kankakee, Illinois 60901
    815-929-3844 tel
    815-346-2358 fax

    Free consultations. Reasonable Fees.

    See question 
  • It is illegal for a employment compamy to conduct a search on individual employee wealther with or with out a caurse reason?

    I have been search by a co-worker . I have been instructed to emply my pocket ; remove my sock; search my locker. ect.... I been told the my employment company sent my the co-worker to search me. I have down nothing wrong to caurse the em...

    James’s Answer

    It sounds like you may have a case to the extent the "search" was unconscionable or discriminatory. If you were in any way prevented from leaving, you may have a claim for false imprisonment, etc. A civil rights attorney will be able to further advise you. And please note that attorneys do often provide free consultations and work on a contingency basis (you only pay if you win your lawsuit), so don't be discouraged from asserting and protecting your civil rights based on financial concerns right away. Speak with a lawyer and find out your options.

    Sincerely,

    James Rowe
    The Law Firm of Rowe & Associates

    jamesrowe@rowelegal.com

    Chicago office:
    100 North LaSalle Street, Suite 1010
    Chicago, Illinois 60602
    312-345-1357tel
    312-896-0212fax

    Kankakee office:
    555 South Schuyler, Suite 207
    Kankakee, Illinois 60901
    815-929-3844 tel
    815-346-2358 fax

    Free consultations. Reasonable Fees.

    See question 
  • Regarding a workman's comp case

    Injury to spouse on his job. Due to this issue and his being not able to walk or lift things it has caused extra stress on me, loss of wages, etc. Can i sue without my spouse? My spouse has refused to see a workman's comp lawyere

    James’s Answer

    You would be unable to assert your husband's rights to worker's comp unless/until your husband were to execute an agreement allowing you to act on his behalf, or until a Judge would rule him incompetent and/or appoint you as the guardian of his person/estate. The time to bring any claim is limited by statute, so keep that in mind. If he waits too long, or if he already has waited too long, he may be precluded from filing any claim.

    Best of luck to you and your husband.

    Sincerely,

    James Rowe
    The Law Firm of Rowe & Associates

    jamesrowe@rowelegal.com

    Chicago office:
    100 North LaSalle Street, Suite 1010
    Chicago, Illinois 60602
    312-345-1357tel
    312-896-0212fax

    Kankakee office:
    555 South Schuyler, Suite 207
    Kankakee, Illinois 60901
    815-929-3844 tel
    815-346-2358 fax

    Free consultations. Reasonable Fees.

    See question 
  • What is circumstantial evidence and is it beatable in a criminal drug case?

    Can someone give me an example of circumstantial evidence in a drug? Is having a prior drug felony circumstantial evidence.......

    James’s Answer

    A witness saying that the defendant stabbed the victim is direct evidence. By contrast, a witness who says that she saw the defendant enter a house, that she heard screaming, and that she saw the defendant leave with a bloody knife gives circumstantial evidence.

    A prior felony conviction is not circumstantial evidene - because it is what it is, and requires no inference. However, depending on the facts of the other felony conviction, it may not even be admissible and a motion to suppress may be in order.

    Best of luck.

    Sincerely,

    James Rowe
    The Law Firm of Rowe & Associates

    jamesrowe@rowelegal.com

    Chicago office:
    100 North LaSalle Street, Suite 1010
    Chicago, Illinois 60602
    312-345-1357tel
    312-896-0212fax

    Kankakee office:
    555 South Schuyler, Suite 207
    Kankakee, Illinois 60901
    815-929-3844 tel
    815-346-2358 fax

    Free Consultations. Reasonable Fees.

    See question 
  • There can only be third party negligence action. All claims must be joined together

    In the case regarding third party negligence. What if my husband has not gone to a workmam's comp lawyer. Can I go on his behalf? I can't get him to understand that is is mostly to protect his rights and since this accident happened his behavio...

    James’s Answer

    You would be unable to assert your husband's rights to worker's comp unless/until your husband were to execute an agreement allowing you to act on his behalf, or until a Judge would rule him incompetent and/or appoint you as the guardian of his person/estate. The time to bring any claim is limited by statute, so keep that in mind. If he waits too long, or if he already has waited too long, he may be precluded from filing any claim.

    Best of luck to you and your husband.

    Sincerely,

    James Rowe
    The Law Firm of Rowe & Associates

    jamesrowe@rowelegal.com

    Chicago office:
    100 North LaSalle Street, Suite 1010
    Chicago, Illinois 60602
    312-345-1357tel
    312-896-0212fax

    Kankakee office:
    555 South Schuyler, Suite 207
    Kankakee, Illinois 60901
    815-929-3844 tel
    815-346-2358 fax

    Free consultations. Reasonable Fees.

    See question