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Alan James Brinkmeier

Alan Brinkmeier’s Answers

68,620 total


  • What can i do to solve the situation without any reprecautions or further consequences

    My 14 yr old son got caught shoplifting a flashcard no more than 10 dollars worth, he was told to dont come back in to the store, i was not with him at that time, i just found out through a letter of a law firm demanding a fee of $250 or contest ...

    Alan’s Answer

    Hire an attorney to review the letter and to act quickly to secure camera surveillence footage at the store. Do not delay in this anymore. Hire counsel and post no added details about this on the internet, Talk only to counsel about the solution,

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  • My tenant is withholding rent from me because she has bedbugs.

    I have a tenant in Des Plaines, IL and she now has bedbugs. She is withholding rent from us claiming that there is a bedbug law in Illinois. I am willing to pay for removal of the bugs if it is in fact required of me. However, is it legal for her ...

    Alan’s Answer

    Rent withholding is available in Illinois when a property is in receivership for utility interruptions. For details about your case, see the Illinois Residential Tenants' Right to Repair Act.

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  • What is Proper Notice to the defendant?

    I want to file an ex-party order for shortening time to file the motion for leave to file second amended complaint. Do I have to give a proper notice to then defendant?

    Alan’s Answer

    In addition to the wise words of Mr Parihk, consider this too.

    Follow all the local courtroom rules that your specific judge (we do not know which courtroom your matter is assigned) applies. Most judges have a courtroom management order that governs what happens in their specific courtroom

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  • How do I submit additional evidence in support of motion for sanctions in federal civil case after reply?

    I filed motion for sanctions. The other party responded and I replied. However, additional evidence became available through a discovery and will help a lot to support my motion. There will be no oral argument on the motion. How do I get in thi...

    Alan’s Answer

    Seek leave of court to file a supplemental reply, BY WRITTEN MOTION

    Follow all the local courtroom rules that your specific judge (we do not know which courtroom your matter is assigned) applies. Most federal judges have a courtroom management order that governs what happens in their specific courtroom

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  • I got caught stealing a 2 dollar item at Walmart, will I have to go to court?

    the item wasn't damaged and it was a small flashlight

    Alan’s Answer

    If you were arrested and given a court date, the answer is yes

    Meanwhile, stay off the internet with incriminating evidence such as you post about this crime.

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  • Where do i file a small claims case?

    I live in Missouri, the person i want to sue lives in Missouri, but the car wreck happened in Illinois. do i sue in Illinois where it happened or do i have to sue in Missouri where we both live?

    Alan’s Answer

    To maximize your recovery, hire an attorney to investigate to help advise you about which county in Illinois or Missouri is best suited for this lawsuit, You can sue in either state. And, small claims court may not be the best approach for this either,

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  • Can I file a small claims case?

    When My sister moved in with me I gave her my room and put all my stuff in storage bend. When she moved out she refused to help move my stuff back into the house Instead my stuff was left outside in a garadge were it rained and runied close to ...

    Alan’s Answer

    Yes you may sue in small claims court for property damages

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  • What are my options to receive a refund?

    I attend coyne college electrical systems technician program in 2010 i was told when i signed up for the program i was able to come back at anytime and take refresher classes for only $50 i recently contacted the school to take up the classes but ...

    Alan’s Answer

    Enforce the written agreement that you get $50 class. Timing is key here. Good luck

    SOL five years for oral contracts (735 Ill. Comp. Stat. 5/13-205. (2010))

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  • I would like to get temporary custody of my grandson.

    I live in Florida and my grandson lives in Illinois. My daughter chooses to go out and party all the time and his father does the same. My daughter lives with my parents her grandma and they are to old to take care of their great grandson and is a...

    Alan’s Answer

    I doubt that any Illinois court would give a Florida resident control of the child under these facts, but if there is more to your story share it with an Illinois attorney you hire in the county where the child resides

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  • Can I be stopped at US port of entry if I've shoplifted in US before?

    Me and my friend, several years back in NV, shoplifted a pair of sunglasses from a store. My friend picked up the original sunglasses from the store and replaced them with one of his own. The sunglasses he kept there had several fingerprints, incl...

    Alan’s Answer

    Were you ever arrested and convicted? Border control (poe) will have conviction details, but not necessarily arrest details.

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