Archived
Can a default judgement from 2011 (filed 2008) be vacated due to processor not serving me?
Daniel's answer
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Answered on June 30, 2018
A judgment obtained without service can be vacated at any time. In Illinois, the return of service is prima facie true. You need corroborating...
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Archived
How can I eliminate a loan from a friend of friend?
Daniel's answer
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Answered on June 29, 2018
Unless the loan is for business purposes or secured by real estate, and unless the lender has a lending license from the state or a federal or...
Archived
Do you have to answer to a summons? or do you just show up in court? Can you contact the lawyer to try and settle before court?
Daniel's answer
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Answered on June 27, 2018
In a small claim, all allegations are deemed denied, so only an appearance is required. This may be a written appearance or a physical one,...
Archived
Rights collecting small claims judgement in DuPage County?
Daniel's answer
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Answered on June 26, 2018
Defendant has 30 days to move to reconsider or appeal, although that requires a showing of error by the trial court.
A judgment is immediately...
Archived
What type of lawyer handles title jumping of a boat?
Daniel's answer
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Answered on June 26, 2018
A consumer lawyer. There is a warranty of title under the Uniform Commercial Code that entitles you to good title and freedom from adverse claims.
How many days do I have to respond to a Federal lawsuit in Illinois once served ?
Daniel's answer
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Answered on June 25, 2018
The number of days should be stated in the summons. You may file a motion for an extension. In the central and southern districts these are...
Archived
Can you be charged interest on a doctor bill by a debt collector when your not charged interest on the original bill?
Daniel's answer
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Answered on June 25, 2018
A debt collector can, upon notice, charge 5% interest on a medical bill even though the underlying agreement says nothing about interest. A rate...
Archived
Can a servicer for a private student loan offset my state tax refund?
Daniel's answer
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Answered on June 24, 2018
The answer depends on who the guarantor and servicer are and the loan documents. Have an attorney review the facts/ documents. It should not cost...
Archived
In IL, am I responsible for wife’s credit card debt?
Daniel's answer
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Answered on June 21, 2018
Probably not. The federal Equal Credit Opportunity Act entitles each spouse to contract for credit without the involvement of the other spouse. ...
Archived
Can my wife be picked up by the local police the a american express credit card debt?
Daniel's answer
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Answered on June 19, 2018
This sounds like a scam. Nonpayment of a debt is not a crime. Threatening people with arrest and prosecution is not legitimate debt collection. ...
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