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David Alan Zipp

David Zipp’s Answers

192 total

  • Can an attorney handling a collection continue to threaten us?

    The bank refused to renew our second mortgage and has now gone to an attorney. The attorney has froze our bank accounts causing all checks to bounce, and now have garnished wages. The attorney handling this case refuses to work with us and did n...

    David’s Answer

    You would likely benefit from an attorney's assistance in this matter. In the interim, here is some generic advice to consider. First, it took a court order to freeze your accounts, it will take a court order to unfreeze the accounts. The attorney for the mortgage company does not need to work with you as his or her job is to recover money for his client, the bank.

    Based on your Woodstock address, I am guessing that your case is in McHenry County. If you do not have your next Court date handy or your case number, you can look up your case information here:

    If your next Court date is close enough, you can wait, or you can go and file a motion to have the matter of your frozen accounts addressed by the Court. You will need to file a motion and properly send notice of this motion to attorney (their address will be on the paperwork you already have, or if you lost it, can be obtained by getting a copy of your case file from the Clerk of the Court).

    While you still owe the debt, a frozen account is very difficult to utilize for the payment of other bills, etc. Not that this will change your debt, but for practical purposes, you may wish to consider opening a new account with another bank entirely and banking there, especially if you have direct deposit. Do not open another account at the same bank, as that bank already has an order to freeze your assets.

    The new account is not a way to hide any assets, simply a way to pay bills and bank while this other matter is being addressed, which can take awhile between court dates.

    Not knowing your general fiscal situation, it is hard to advise more at this time. I would advise speaking to an attorney.

    Best of luck.

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  • Last year our roommates kicked us out without evicting us legally. Gave us 4 days to move. our stuff- still there.

    One roommate hated my family and I, for unknown reasons. He treated me and me alone like garbage. Looked for any excuse to kick us out. Finally told us "eff you, get the hell out. And I will NOT evict you legally. get out now." Gave us 4 days to m...

    David’s Answer

    You knew you were being evicted unlawfully and yet you left? Why?

    You have waited a year to try to get your items back? Why?

    You can file a small claims case, but that is for money, and somehow I doubt you have receipts to prove your losses.

    Why not call the old roommate and demand the return of your items? You can file a police report, but they are going to also ask why you waited a year on this matter. If you go to the station and are polite and sincere, chances are the officer on duty might make a call to your former roommate and tell your old roommate to get you your items.

    Frankly, your choice to move out without being evicted and your poor choice to wait a year in bringing a timely action is likely to cause you issues. In any event, good luck.

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  • What are the chances of getting a plea deal with out a lawyer on a class a misdemeanour .

    No trouble with the police ever can't afford a lawyer but not destitute.speeding is the charge?

    David’s Answer

    The chances of a plea deal are exceptional. There is always a plea deal. If its speeding and Round Lake, call me on Monday for a free consult. Hire an experienced traffic attorney who knows the prosecutors and you will be very happy. Please feel free to check out my website at I live local and practice local and am very confident I can help you with your situation.

    Good luck.

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  • Can my employer ask for a new doctors note on perscription paper after I already gave 2?

    I gave the employer the same exact note from the first time i missed work and now they have a problem with it i gave another note that had letter head and everything and they had a problem with that note now they want a new note on perscription pa...

    David’s Answer

    There really is not a legal question here. There is no legal requirement to present an employer with a doctor's note. What you have here is your company's policy.

    If it were me, I would call the Doctor's office and explain that your employer is asking for confirmation of services. I would empower the Doctor's office to verify that 1. Yes, you are a patient, and 2. Yes, you saw the Doctor on X date. Authorize no additional information - such as treatment obtained, diagnosis, or other medical information. Ask for the office manager's name and number and inform him or her that it is possible your employer might call to verify. They Doctor's office may send you over via fax or email a release which you can modify to denote the level of medical information you authorize to be shared with your employer. Line out or manually modify any information you do not wish to be shared.

    I would then write a letter to your HR or direct manager and give the Doctor's name, address, and phone of the Doctor's office as well as the name of the HR Supervisor. Consult your employee handbook for any additional necessary information. Send a copy of your letter to your doctor and in this letter authorize the limited confirmation of medical services you obtained from the Doctor. Send a copy to your HR and your immediate supervisor.

    Hopefully that will resolve your employer's situation. Be wary of sharing any diagnosis or medical treatment with your employer or even co-workers. They have no need to know and such information can only be used against you.

    Good luck.

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  • Does it help if i am a born citizen and in the military?

    My mother is an illegal alien and i want to help her become a resident.

    David’s Answer

    I am a bit confused as to your situation. When you write "born citizen" do you mean to say you are a United States citizen through birth? I echo the previous advice for you to speak with your base legal officer, however if you are over 18 and a natural born US citizen, you should be able to sponsor your mother in the immigration process.

    If your mother has been in the United States for over ten (10) years prior to any effort of the country to deport her, and been of good moral character (largely meaning no major criminal issues), you have options such as the "Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents" form EOIR-42B application.

    Also as this is your mother, you may be able to file a 1-130 Petition for Alien Relative form.

    Immigration law can seem very complex but it is essentially a prove your compliance with various programs system. Check this webpage for some guidance from the government and feel free to contact an attorney such as myself who can assist you in the immigration law process.

    Being in the military, you may find additional avenues to sponsor your mother and perhaps low cost/free cost agencies that may be willing to assist you in the process.

    Good luck

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  • I payed electric bill in morn electric co turned power off in afternoon payment was ACH from my acct can they do this?

    Money was ACHed from acct

    David’s Answer

    It depends on your bank and how long ACH transfers take to post. Also if you had not previously made an ACH payment to the power company, this may cause a hard check to be issued to the power company. If the money has left your account, you should have a record of this and likely can see it online.

    What you cannot necessarily see online is when the power company receives the payment. What you are seeing is your money leaving your account, not when the power company credits your account.

    Call the power company and explain the situation.

    In the future, it is only to your benefit to pay bills promptly to avoid these situations. If you are ever in a time crunch again like this, call the power company directly and ask them how you can pay them to avoid the disconnect.

    Your next logical question is going to be regarding if you have to pay the fees associated with the disconnect and re-connect. Having not seen the contract with the power company and all of the notices your received prior to the disconnect, I am guessing that legally, you are on the hook for these fees.

    That being said, if you are calm and reasonable and explain you did pay on the due date (hopefully you paid on the last possible due date) , and speak to a supervisor, the power company may choose to waive these fees for you.

    Many attorneys, including myself will happily write you a letter to the power company on your behalf. Frankly, the cost of the attorney's letter will exceed the fees you may or may have assessed. Try a diplomatic conversation, and you may be pleasantly surprised.

    Good luck.

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  • Failure to give information after striking an unattended vehicle.

    I hit a car in parking lot when backing out and I checked and it didn't leave any damaged. I left. Then someone else who is not the owner reported it. Police came and gave me ticket for Failure to give information after striking an unattended v...

    David’s Answer

    You should contact an attorney such as myself for a free consultation.

    That being said, you have a bit of a pickle here. You admit you hit a vehicle, and yet there is no damage to speak of. Have you contacted the owner of this car to confirm this?

    I am a bit concerned as to the alleged 2nd vehicle you are talking about hitting. Did the officer tell you this was reported?

    I may have misread your post, but it sounds like you have already dealt with the 2nd car owner. Why have you not dealt with the 1st car owner?

    It seems based on what you have written, that you were observed hitting the cars not by the police, but by this not-owner witness. Under the 6th Amendment, you have a right to face your accuser. I would advise you not post any more admissions to hitting any cars here or anywhere else online, and speak to an attorney without delay. This can be a complex or fairly easy situation, but you really do not help yourself admitting to anything, even on a forum such as this.

    Good luck.

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  • Do I have to be worried about being sued for verbal agreement on lease?

    I answered an add on craiglist for a house for rent with the owner of the house, I could hardly move in it was so full of clutter I cleaned and even hired a cleaning lady. She got a boyfirend and he was there constantly staying overnight and made...

    David’s Answer

    Your's is a very fact specific situation and the short answer is I would not worry about her alleged damages unless and until she sues you in small claims court for the alleged amount owed. You have no lease but did live there. If you paid in cash, and likely did not get a receipt, it will be hard to, unless you are willing to agree to it, that you ever had any sort of landlord/tenant relationship.

    She will need to present to you an itemized list of these "damages" for you to consider in any event. In the absence of an agreement which the landlord could use to hold you accountable, she has a burden to show that you somehow caused or through your established routine with her owe this $500.00.

    From what you have offered, I do not see her being very successful. Also she would have to file a small claims suit and have you properly served which would run her around $250.00 in costs just to get you into Court. If a client came to me with what you have written as a landlord, I'd advise the landlord to use this experience as a life lesson and reduce future renting relationships to a written lease as well as obtain a security deposit.

    In you situation, you can choose to ignore her demands if you life, or if it really bothers you, hire an attorney such as myself to send your old landlord a drop dead letter.

    Unless there are other factors you have not shared, I'd say you may have some issues in your life, but this old landlord situation does not have to be one.

    Good luck.

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  • When a CD is titled (name) trustee for (name) beneficiary is that CD owned jointly or is that upon death?

    Will there be taxes due on that CD if trustee passes?

    David’s Answer

    I think Paul has given you the best answer. My only addition would be to advise that you consult your CPA for specific tax advice.

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  • FOID card with Juvenile record? (11 years ago, 15 years old at the time)

    ISP has determined that there needs to be further review of my application due to an arrest I had for retail theft(less than $10,first and last time) from 11 years ago when I was 15 years old at the time. I am unsure if it was a felony or misdemea...

    David’s Answer

    You have already received excellent advice and I concur - this issue should not affect your FOID card and it also has not been expunged.

    If you would like to know more about expungement in Illinois, head over to my website and choose the Zipp To Research tab or just click here:

    Look for Illinois Guide to Expungement of Record for a PDF from the Illinois Office of the State Appellate Defender which may be very helpful to you.

    If you examine the guide and find your situation is eligible, than feel free to give me a call and we can work on getting this matter expunged for you.

    Good luck.

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