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Felipe Gomez’s Answers

13 total


  • Individual issued a $608 check and placed a stop payment due to insufficient funds. Can I sue in Chicago?

    Individual promised in writing via email that a money order will be given. It has been over 2 weeks and still no repayment. Person is avoiding all communication.

    Felipe’s Answer

    Assuming that one of you live in Cook County, you can file a small claims action at the Daley Center or a branch and pursue it yourself to get your $608 and your costs of filing. The small claims complaint and summons is available on-line at the Cook County Court Clerk website, see list on left side at "Forms", then search for "complaint" under the "Civil" tab (which is the default tab anyway), click on small claims complaint tab, and fill out by telling your story and what evidence you have, then save and print. Repeat for small claims summons, you can have served by certifed mail (rather than the Sheriff). I believe there is a pamphlet available at the Daley Center you can obtain to help you do it yourself. Alternatively, the process of filing can be done at the Daley Center, with help available on the 6th floor. If you have questions you may contact me as well. Good Luck.

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  • I am not able to pay a fee from a summons, is there anything I can do to avoid a judgement by default?

    I received a summons for a debt and I will not be able to pay the fee by the deadline. Is there anything I can do?

    Felipe’s Answer

    After consulting with an Attorney as to whether you should defend on the case, you can go to Cook County Circuit Court Website and click "Court Forms" on the left side, then click on the search tab and enter "APPLICATION AND AFFIDAVIT TO SUE OR DEFEND AS AN INDIGENT PERSON", it will bring up CCG N689A and B, which you or you with your attorney can fill out and take to the Court Clerk, who will then direct you to a Judge to hear, and usually grant, the request, thus allowing you to participate without paying the appearance fee.

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  • Can ICE over rule a judges court ordder?

    My fiance lost his immigration case but the judge offerf him voluntary depsarture until feb 6, his ice agent is now saying he has until jan 31, can she over rule the court order? This has now put a strain on our family into purchasing his ticket s...

    Felipe’s Answer

    While I do not do immigration, a federal agency must obey the federal court order same as your fiance, thus if the court order allows until 2/6 to leave, ICE should not be able to force an earlier date. I suggest consulting with an immigration attorney before you do anything else, but the simplest solution may be to have an attorney call/fax a copy of the order to the Agent's supervisor and inform of your complaint.

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  • Just checked my credit report, I found a debt buyer on an old credit card even though its been closed by the original creditor!

    Its an old credit card from 2007 , I stopped paying because i lost my job and had some problems, the credit report shows that the original creditor closed the account,but there is a debt buyer starts from 2011 ! and it shows the amount is incre...

    Felipe’s Answer

    The SOL for credit cards is 5 years from when your account was closed, however the SOL can be waived (if you know of a lawsuit and fail to tell the Court that the debt was more than 5 years old), so it is important to know if they sue so you may use the opportunity to have the Court declare the debt void due to the SOL. One way to do this is to write the creditor informing that they have a bad debt, along with your contact information. Thereafter, if they sue you not only will they know how to notify you, but you also may have additional claims based on knowing bad faith collection of an extinguished debt.

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  • How can I get a negative judgement removed from my credit report?

    !I have been living in this apartment for 6 years. My family has grown since then and i am looking for 3 bedroom, but have been getting turned down because my current relator's judgement against me. i still live there and they are asking me to r...

    Felipe’s Answer

    Your issue is initially a landlord-tenant question. First, if your Landlord does not live in the building, or if he does if it has more than 6 units, your tenancy is subject to Chicago Residential Landlord Tenant Ordinance, and in any event to 735 ILCS 5/9, the Illinois Forcible Entry and Detainer Act. In either event, in order to properly begin evictions proceedings, the Landlord must issue a notice, usually a "5 Day Notice", that allows you 5 days to pay the past due rent before the Landlord can begin eviction proceedings. There are very specific requirements for the content and service of this notice, and if any one of them was not met (even if the past due amount claimed is wrong by $1.00), the Notice could be invalid, making the entire subsequent proceeding, and the order you are complaining of, invalid for lack of jurisdiction.

    This would mean that everything done against you was "void" and of no effect, entitling you to ask the Court to declare the judgment order void and then to file a separate suit for the Landlord to return whatever money you paid, both actions possibly including penalties and attorneys fees.

    The same result will occur if the Landlord failed to give you proper notice of the lawsuit by having the Sheriff serve all tenants on the lease, plus separately serve "Unknown Occupants. Again, if this was not done correctly, the entire proceeding is void, resulting in the order being void and allowing you to get it vacated and then letting the credit agencies know and getting it off your credit (or just showing the papers to new landlord). An analysis of your paperwork and what happened is needed to evaluate this aspect, which I do for no charge.

    Further, if this is a RLTO case and you had a damage deposit and the Landlord failed to pay yearly interest on that, he owes you 2 times the deposit as a penalty. There could be other RLTO penalties depending on the content of the lease and what occurred between you and the Landlord, especially the apparent (and if true illegal) late fee of $500. Again, there is no charge for me to evaluate the RLTO and eviction cases.

    You may also have recourse against the Landlord for trying to collect a bad debt under the FDCA as mentioned by one of the other answering attorneys, and certain other potential claims, which I can also evaluate for you. Feel free to contact me for a free personal consultation. Thank you, Felipe Gomez, Esq.

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  • On April 27, 2012 my electric was shut off due to alleged tampering.

    I had filed with LiHeap on May 20th 2012, and ComEd hardship May 26th 2012, C omEd claims they shut off power on April 9th 2012. A man did come around that time to "read the meter", but when he left the power was ON. I'm being charged from April...

    Felipe’s Answer

    • Selected as best answer

    I handle ICC complaints, but there is really is no quick easy way to get Comed to turn on power without paying them first and getting a credit if they were wrong. Given the (likely) colder weather you may have grounds for an emergency injunction action in the event you truly did nothing wrong and did not owe them as claimed, but that legal service would not be cheap and likely would require you to post a bond for the amount in dispute too (as well as basically prove your case first, just to get the injunction, and prior to a trial). Next option would be forcing them to make a deal (or be ordered to restore) by way of an ICC action, but that takes much longer and your power is off. However, if you have a strong case showing Comed erred, and present it correctly to Comed prior to the formal ICC hearing, there is a chance Comed might agree to turn the power on and settle with you to avoid formally being proven wrong. As always, I am willing to give you a free consult beyond this answer today or early next week, and I do have discount rates for hardship cases, please contact by way of Avvo. Felipe Gomez.

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  • Summons received, do I need a lawyer when I go to appear?

    Complaint is Breach of Contract regarding private student loans that are defaulted. Fees and interest just kept adding up and was unable to pay while divorcing. Getting student account records to verify amounts actually received by the schools and...

    Felipe’s Answer

    As far as appearing, you do not need a lawyer for the first date, which is merely filing your appearance at the courthouse, upon which you will get second date to go to court, at which you still do not need lawyer, just tell judge you would like to try to find one. Depending in age of loan and whether it was consolidated, the alleged holder may not have the paper proof they need to enforce the debt, and if the loan has been resold as they oftimes are, the paperwork containing your signature may have gotten lost in the transfer. You likely will need a lawyer to help you with that part (discovery, etc.), as well as trying to negotiate a settlement if possible. I am available for relatively cheap and in fact won my own student loan case many years ago, when they were suing for a loan I was still paying on (and several others that were not mine) and they did not own. Felipe Gomez.

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  • DO I NEEDED A REAL ESTATE ATTORNEY?

    REMAINING PARENT IS DECEASED AND A SIBLING LIVING WITH THE DECEASED LOCKED THE EXECUTOR AND OTHER SIBLINGS OUT OF THE PROPERTY.WHAT SHOULD WE DO?

    Felipe’s Answer

    Assuming the property was in a Living Trust and a will need not be probated, the Executor can try to negotiate a lease/rent with the sibling to validate their tenancy and get an agreed move out date (assuming he or she is not destroying the place or taking items elsewhere for personal use that are part of the Estate, and assuming that the Estate is agreeable to allow a tenancy for a period of time until the house is sold - it is not always bad to have someone in the home to guard it versus leaving it empty and susceptible to burglary or having to hire security). Otherwise, the Estate will have evict him as would be done with any non-paying tenant or "unknown occupant" (which is someone living there not named on a lease, even if you know who it is, as it likely is the case here). If the property transferred by will and there is already a probate action, the leeway of the Trustee is governed by the type of administration (independent vs supervised). I always suggest trying to negotiate first, even if you have to hire an attorney to do that, if at all possible, as it usually is the least expensive and expeditious way to resolve these types of disputes, especially if it is another family member.

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  • Would a Dr not giving you test results that result in you having cancer be grounds for a malpractice lawsuit?

    I have been dealing with extensive pain on the left side of neck and jaw for 7 months. Because I dont believe in waiting I saw dentists, facial pain specialist because my ENT continued to treat me like I was crazy and tell me there was nothing wro...

    Felipe’s Answer

    It is possible that an argument can be made that the ENTs negligent failure to test for/see the node, or even possibly intentional ignorance of same on CT (or before) after realizing it was the likely source of your complaints which the ENT had ignored or downplayed, delayed your earlier diagnosis and treatment of same, causing you to be unable to utilize less toxic/drastic preventative/remedial measures had it been discovered earlier. You should consult a MN PI malpractice lawyer on this at your earliest to help preserve any claim you may have. Felipe Gomez, Esq.

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  • Remand a Case back to State Court

    I have a case that alleged numerous of credit reporting state laws and two federal laws. The defendant motioned to remove to federal but I would like to fight it back. What grounds can I attempt to argue to the judge to remand back to state co...

    Felipe’s Answer

    Your last idea might work (dropping the federal claims to divest the district court of original jurisdiction, limiting the court to diversity jurisdiction), although you need to determine your relative strength of case on the federal claims versus the state claims, and whether you can recover attorney fees under state or federal law. However, it could be that being in federal court could work to your advantage, especially since FRCP 26 requires mandatory discovery by the parties without having to issues discovery requests, and since the Federal Courts tend to be far quicker in achieving a result than a state court. There are many other issues you need to consider prior to deciding whether to fight the motion or simply concur or not object and proceed in federal court (which can also decide the state claims, but which could also sever them, potentially forcing you to litigate concurrently in both forums, generally not a desired situation). Feel free to contact with more info for a free consult.

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