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David Alan Zipp

David Zipp’s Answers

192 total

  • I have filed for chapter 7 bankruptcy and I owe my brother $20,000.

    I owe my brother $20,000 that I was supposed to give he from a trust.(I made a bad real estate investment with it and lost the money) He's upset because he got the letter for the meeting. I told him he doesn't have to go and not to worry because n...

    David’s Answer

    • Selected as best answer

    This is not a jail issue. You can re-affirm his debt, but you are not breaking any law here. The Illinois legal aid website is an excellent web reference for Chapter 7 questions. This might be helpful

    He can get an attorney who will likely draw up a reaffirmation of the debt for you to execute but do let this stress you out.

    Best of luck.

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  • What are the chances of getting impounded car $500 fee reimbursed?

    There is an administrative hearing scheduled. Car got towed after DUI arrest based on field sobriety tests "results" (stopped for speeding). Blew 0.065 BAC at the station. There is an evidence that field sobriety tests were given under wrong circu...

    David’s Answer

    You raise an interesting question. Firstly the two is entirely civil in nature and your window for even bringing a cause of action is very limited. It may be even less than ten (10) days. Reference your paperwork to make sure still have time to file.

    I have done a couple of these hearings for clients. First, its an administrative hearing and the burden of proof is much less. The officer just needs to be able to reasonably state they felt that they had enough evidence to detain you on suspicion of DUI.

    There is much more to your story than you have told, but field sobriety tests are universally suspect - here you have an armed police officer in total command asking you to perform tasks you may not normally do under calm circumstances.

    The biggest factor in your favor based solely on what you stated is that your BAC is below .08 which means the state cannot establish you were operating a vehicle under the influence of above the legal amount of alcohol in your blood.

    Speak to your attorney about this. Each little village acts differently and it may be worth pursuing if the window is still open. Also, I have seen officers fail to show for these hearings and nothing elates a client more than a dismissed case or a fat check coming to them from the village for a tow.

    Good luck. I will offer you a free consultation, but it sounds like you already have a DUI attorney. Unless that attorney truly just does not want to come out to that village for a few hundred dollars more, I'd ask them about this impounded car and tow reimbursement hearing.

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  • My wife has filed for divorce. in her financia affidavit she claims she spends $1500 a month for childcare. My mother in law has

    been watching my children. She has been paying her cash under the table for 2 years. Isn't this fraud? Shouldn't my mother in law have to show W-2s if my wife claims this on her financial affidavit

    David’s Answer

    It really is not a W-2 so much as a 1099 form is what you are asking for. W-2's are for employees, a 1099 is for independent contractors or non-employee expenses. In either event, it is not the mother in law who is the issue, it is your estranged wife. You have raised an excellent and legitimate question and if your ex has filed an 11.02 Financial Affidavit with the Court, than you may have an issue that merits discussion with your divorce attorney to discuss the options and potential courses of action.

    While there are potential issues of civil contempt here, remember you are dealing with an estranged ex and her mother. It is not likely mother or daughter will help you establish your case but it can be utilized to challenge the level of maintenance potentially being asked for as well as be noted by the Judge in terms of creditably.

    I would highly recommend that you discuss this with your divorce attorney without delay. Also, if you do not currently have a divorce attorney, you should obtain one without delay. I would be happy to give you the names and numbers of local Lake County family law practitioners who could assist you.

    Best of luck.

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  • Will i get a permanent record for shoplifting at target?

    i am 17 years old and recently got caught shoplifting at target. the police were involved and they had to call my mom to come get me because i am still a minor. They said i will get a letter within 4 weeks of the fine that i have to pay. My questi...

    David’s Answer

    I agree with the civil demand (those letters you will categorically get from Target) advice you have already received. Prior to law school and just after I moved to Illinois, I actually was a ETL-AP (Executive Team Leader - Asset Protection) for Target. Coming from a military and law enforcement background, Target was not my first choice but the pay was nifty. I am just not that Targetty and was happy to move on when the opportunity presented itself.

    In any event, you can absolutely expect a civil demand letter because you are in the Target database now. How you choose to deal with it is wholly up to you and I see nothing wrong with the advice you have already received.

    Two other thoughts. First, you are a minor, which means that Target absolutely called the Police. Your narrative confirms this as fact as well. You most likely received a citation. Chances are, a village police officer took the report (Gurnee, Mundelein, Waukegan, and Highland Park are all Target locations close to North Chicago and are all villages in terms of having their own police force). Most likely you received a municipal citation for shoplifting. If this was under $300 it is a misdemeanor and if it is over its a felony.

    Call me or any other Lake County based attorney with some experience in these cases for a free consultation. This is not a matter to blow out of proportion - your life is not over and hopefully you will never do something like this again. However, it is a situation you need to address.

    Most if not all of the local villages have diversion programs your attorney can negotiate with the prosecutor, be they State's Attorney, or Village Attorney. These diversion programs serve as a punishment without a conviction. Discuss these possibilities with your attorney.

    Do not ignore the Court date or think that if you pay the civil demand its all over. This is a mole hill than can become a mountain if not properly dealt with. This can be as simple as a traffic ticket or can escalate into all sorts of issues if you do not handle it properly.

    Good luck. Take this as a life lesson but put it into perspective. I would be happy to give you a free consultation if you would like. Also at my website under the Zipp To Legal Research tab or just click here you can investigate for yourself the actual charges against you and learn educate yourself a bit on the system.

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  • Need to know more info on sealing a case from 2006. Misdeamenor class c poss of cannibus

    I have only this case on my background, I was convicted because I never appeared in court to fight the case. The judgement was entered in lake county, but I now stay in chicago. Is my case able to be sealed? What delay or deny my case being sealed...

    David’s Answer

    On my website, under the Zipp To Research banner- direct link to this page here: if you scroll down, I have two free downloadable PDFs, one is entitled Illinois Guide on Expungement of Record and the other is entitled Illinois Information on Sealing Records.

    They are free documents and hopefully will advise you as if your specific conviction can be sealed or expunged.

    I do have to initially concur with the other fine attorney, I am not that hopeful that your case can be sealed.

    Best of luck to you and I hope this information is helpful to you.

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  • What does "Motion - Vacate" and "Strike from call" mean in regards to a foreclosure case?

    My father's house went into foreclosure earlier this year. I went to his court date last month and he never appeared. Neither did the bank's attorney. The judge asked me to speak for my father, and handed me an order of dismissal for failure to pr...

    David’s Answer

    A motion to vacate is a petition of the Court to change a previous order or judgement. A strike from call simply means that on that particular docket of the Court, for any number of reasons, this case, nor its participants are expected by the Court to be heard.

    Be careful that you do not have several actions going on and perhaps are merging two unrelated actions. This can happen in foreclosure actions when there is one property which has been used as collateral for different loans from different lenders.

    If you are in McHenry County, you can learn much about your case online utilizing the McHenry County Public Case Access webpage you can access here:

    You, or perhaps more appropriately, your father should consult with an attorney with regards to this foreclosure action.

    Best of luck.

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  • Could anyone who is aware of someone who falls asleep while smoking be held responsible if there is a fire.

    If an elderly person lives in an apartment building and occasionally falls asleep and drops a lit cigarette. Could any persons who are aware of this issue be held responsible if they do not notify the building management.

    David’s Answer

    Your question needs more information for a better answer. If the elderly person has care-givers, especially if they are in a facility, than that facility has a duty to care for the elderly person (and the others living in the facility) and could and should reasonably restrict the smoking of the elderly person to safe and supervised zones.

    If the elderly person is just elderly and living on their own and happens to live in an multi-unit housing structure such as an apartment building, there is a general duty of any person, young or old to not cause harm to themselves or others, to include smoking in bed. If this person lives alone and routinely engages in this activity, they are making a foolish and perhaps deadly choice.

    As to if you or other know that a person is doing this, well that is a gray area. Smoking is legal still and unless the apartment building has so specific rules that would prohibit smoking in that apartment itself, than it is hard to suddenly invent a rule on the potential that just because someone is elderly, and that they smoke, and that they might smoke in bed, that they could be prohibited from engaging in such activity.

    An examination of the lease will let you know if building management even has any authority to restrict or enforce a private citizens legal right simply because they live there.

    While it is likely neither management or you as someone who seems to be aware that such activity exists can likely be successful in a legal action to compel the non-smoking in bed issue, nothing prevents you from directly discussing this issue with the elderly person. You could explain your concerns, explain how falling asleep while smoking concerns you, and ask the elderly person to at least not smoke in bed. You could even send a letter stating your plea.

    Returning to your original question, unless you are legally responsible (you would know if you had a power of attorney or other Court ordered responsibility) for this elderly person, and somehow knowingly allowed this dangerous behavior to continue, it would be very difficult for you to be held directly or financially responsible for the actions of this elderly person.

    Good luck in your situation and I would hope you would respectfully convey your concerns regarding the smoking in bed issue to this elderly person. This may address your concerns and far more importantly, may keep this elderly person and their fellow residents safer.

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  • Does dad get visitation rights on mom's holiday If the holiday lands on dads regular visitation day?

    All legal or school holiday parenting time and all vacation time for each party shall take precedence over any week day weekend or birthday parenting time for the other party.

    David’s Answer

    I think you have already asked this question elsewhere. Best of luck.

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  • Can we sue our builder for our basement flooding problem.

    We have a house built in 2006 by Cambridge Homes ( D R Horton) in the state of Illinois. Our basement had flooding in the first summer we moved in since then we complained multiple times to the builder and they would occasionally either change the...

    David’s Answer

    The short answer to any "Can we sue" question is yes, anybody can sue anybody at anytime for any reason.

    The real question is not about can you sue, but if that is your best course of action. While I'd love to sign you up and march to the courthouse in all pursuit of justice, lets take a step back and walk through what you know and see if a lawsuit is what we call in the law - ripe.

    Does your home, have a 10 year warranty? This is very common with new home construction from the builder. If this is the case, why sue, when you have until 2016 to address the problem, most likely at little or no cost to you other than the inconvenience of having a work crew in the home.

    You evidently have had some notice of the potential and chance for flooding because your home has a sump pump system installed. Are you in a flood plain? Were you made aware of this through a site survey when you bought the home? Perhaps a site survey is in order?

    It does seem clear that the builder has acknowledged that they have a responsibility to you even if they have not addressed the flooding issue to your satisfaction. This leads me to think you have a warranty issue that can be enforced as builders rarely if ever do anything such as change the sump pump or even tell you they will address an issue if they have no contractual requirement to do so.

    My suggestion would be to examine your warranty documents to see what is and what is not covered. Also gather copies of all your communications with the builder regarding the flooding issue - emails, letters, texts, etc. and build a timeline.

    What exactly do you wish the builder to do for you is also a question you need to ask yourself. Making a basement never flood is probably your main goal, but the next question is how do you go about doing this? You may wish to contact one of the numerous plumbing companies that specialize in making basements not flood and have them supply you with estimates as to what is needed and how much it would cost to make the basement dry. Their examination and report to you is also evidence.

    You may need an attorney, but before you sue, know what you are suing for. Do you want the builder to follow the warranty, add additional sump pumps, buy your home? On the latter, remember your home will be valued at 2012 depressed market values rather than peak of the housing bubble 2006 prices.

    I would be happy to offer you a free consultation. However, you may not need an attorney just yet as perhaps you have not asked the right questions of the builder and/or perhaps have not formally exercised your rights under the warranty.

    Good luck and let me know if I can help.

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  • Does an illinois divorce attorney need a signed release or waiver to dismiss you as a client?

    My IL divorce attorney has been appointed an associate judgeship. Can she just drop me as a client? My divorce has been going on for 4 years now. My first case was dismissed for want of prosecution so I had to re-file because my attorney did not h...

    David’s Answer

    This is not legal malpractice whatsoever. Your attorney will have filed a Motion to Withdraw filed on the case which categorically will be granted. Your soon-to-be/now-is attorney is to be congratulated for this special honor of becoming a Judge. Depending on your previous agreement, just examine your signed retainer agreement for clarification, you may be receiving part of your retainer or other monies back from the former attorney/new Judge.

    I can appreciate how this new exciting role for your former attorney may cause you some anxiety. How you address this anxiety can lead you to a fantastic new attorney, or alienate you from many other attorneys, perhaps the ones who can truly help you who are practicing law in your jurisdiction.

    A mentoring attorney and good friend of mine was just elected to a high level County job and had to withdraw on numerous cases. By becoming a Judge, it is simply no longer appropriate for your attorney to continue as your divorce attorney and depending of other circumstances, may be entirely prohibited from doing so by the various rules of professional conduct.

    You should be aware that Judges are held to a an even higher ethical standard and have more prohibitions than us regular rank and file attorneys, and our ethical requirements exceed most any other profession.

    I see this as an opportunity to you to partner with your former attorney to find a recommendation from that former attorney for a new attorney to take on your case. Obviously you will have a new fee arrangement with the new attorney and as each client and each attorney interact slightly differently, you will have to develop your own professional interaction.

    I cannot think you will make many friends in the legal community by even implying that your former attorney who is now a Judge has committed legal malpractice. It just simply helpful to your case or to you life as your move forward.

    It is best that your accept this reality that you need a new divorce attorney, check over your retainer agreement and make sure that in the excitement of this new opportunity, this new Judge has not mistakenly not yet refunded monies owed to you, and inquire of this new Judge if they have a recommendation for a new attorney for you.

    Best of luck.

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