Illinois Breach Of Contract Legal Questions

The two are not mutually inconsistent.  As a painter, you may have a right to a statutory lien, but I am not sure of Illinois law in this regard (I think it would be an artisan't lien, not a mechanic's lien).  If there is no statute giving you the right to assert a lien, and you have no contract giving you that right, you can only assert a lien after you obtain a judgment in a law suit.  At any rate, the lien only gives you a security interest, it doesn't get paid until you either foreclose on it in a lawsuit or the homeowner decides to satisfy it, usually when they sell the home.  In contrast, if you win and obtain a judgment in a lawsuit, you will not only have a judgment lien on the house (assuming that Illinois works the same way as NY), you will be able to use various collection mechanisms to help you collect on your judgment.... Read More

It can be tried in either if the defendant has enough contacts with the place to confer jurisdiction upon it (here I'm assuming that Canadian law is the same as U.S. law), but where the case is brought does not determine what substantive law applies.  If you are sued in a U.S. court over an accident that took place in Canada, for example, it is likely that Canadian substantive law (as opposed to procedural law, like how liong you have to oppose a motion, etc.) would apply even though the suit is taking place in the U.S.  In that case, which law applies to the attorneys' fee question would depend on whether the basis (whether based on contract or statute or court rule) on which fees are sought is substantive or procedural.  My gut says that this is a substantive issue, not a procedural one, but I'm not 100% certain.  ... Read More

Did you have a term for how long you would receive the higher wage?  If not, your employer can terminate that agreement at any time, just as you can by demanding a higher wage or you will quit, or simply by quitting.  If you had an agreement that you would receive the higher wage for a definite period of time, you would still have a problem, because in the jurisdictions in which I practice (I believe it is the same in Illinois) a verbal agreement is not valid if it can't be fully performed within a year, so that if you had an oral agreement to receive the higher wage for 2 years, that would probably not be enforceable.  There are some twists you could try.  For example, if the agreement was for you to receive the higher wage until you voluntarily left your employment, you could argue that, since you could have left your employment earlier than one year, the agreement COULD have been perforemd within one year and therefore is enforceable, but it is doubtful if it will work, particularly since your boss is likely to deny that you had any such agreement.... Read More

The Illinois statute of limitations on breach of contract is either 5 years or 10 years from the breach, depending on whether your contract is in writing or not - not sure if the texts would qualify, but it doesn't matter as, either way, you are well within the allowed time.  It's impossible to guarantee any outcome that depends on who the Court believes, but since you have texts and other documentary evidence, you probably have a good chance to win.  As for collection, that's a different story, since your friend doesn't sound like she has a lot of money, and may not be able to pay off the judgment.  I can't help you with the efiling issue.... Read More

Whether you are obligated to provide high res  images depends on what your agreement was.  If the issue was never discussed, it is possible that the issue would be resolved based on the custom and usage in the industry - is it customary for high res images to be provided in this sort of job.  it is also possible that a court could hold that, having used the images provided for 2 years before seeking such images, your friend has either waived any right he/she may once have had to them and/or has ratified the contract as requiring only the images you provided.... Read More

How long did the lease run?  If the kid who left (or his parents if he is underage) signed a lease that is still in force, they have no right (unless the lease provides otherwise) to back out just becaue they're no longer happy with the contract they signed.  You may have a duty to minimize your damages by trying to find another roommate (while mitigation is requred in most breach of contract cases, some states do not require mitigation when it comes to leases.  I don't know the law on this in Illinois), but any damages you can't avoid are the responsibilty of the former roommate.  In other words, if the four students are only able, aftet using their best efforts, to rent the fifth spot for $200 per month rather than $360, so that they are each paying an extra $40 per month due to their former roommate's breach, they can sue the former roommate (or his parents, whoever signed the lease) for those damages.... Read More

I am not sure what the statute of limitations is in Illinois, but it likely has passed.  In New York, the statute of limitations on breach of contract is 6 years from the breach (i.e. the missed payment.)  Depending on when the last payments were due, you may still have a claim for some of the missed payments.... Read More

You need to sue your friend, but you may have a problem.  When was repayment due?  The New York statute of limitations on breach of contract is 6 years, but the period is shorter in many jurisdictions (I don't know about Illinois.)  Thus, if this was governed by NY law and repayment was due more than 6 years ago (meaning the contract was breached more than 6 years ago), the statute of limitations would have run out, and your claim would be barred. If repayment was not due until a date within the statute of limitations, for example one year ago, you could have another problem.  The statute of frauds in most states requires that any contract which cannot be performed within one year must be in writing.  You say that this was an oral contract, not a written one (although, if the check had any details of the contract on it, for example writing saying "repayment due in 2 years" on the memo line, that might be a sufficient writing.)  If your verbal contract was that the loan would not be repaid until 2013, you would probably be within the statute of limitations, but might have a problem with the statute of frauds.  However, if the deal was that payment could be made at any time, but no later than 2013, that would probably solve the statute of frauds problem, since the contract COULD have been performed within one year from its making in 2007. If no date is set for repayment of a loan, the Courts will infer a "reasonable time" to repay, and the breach would occur after that "reasonable time" passes, but what a "reasonable time" is will differ depending on the circumstances.... Read More

You can't get a judgment until you've served the defendant HOWEVER service does not necessarily mean giving it to the person by hand.  All jurisdictions allow service in other ways (I don't know what they are under Illinois law) and, if all else fails, you can petition the court to allow you to serve in some other way, generally by publication (i.e. you serve by putting an ad in a newspaper.)  It may take some time, but eventually you will have valid service.... Read More

I guess my question would be why wouldn't you sue?  Granted it will be expensive, but probably not as expensive as losing the goodwill you paid for, and, if the facts are as you represent, you have a good chance of collecting damages greater than what you spend in legal fees.... Read More

If what you right is true, you do have a legally binding contract, and you can enforce it in Court, either in an action you bring to enforce the agreement, or in defense of an action brought by the landlord.  If the landlord continues to refuse the agreed amounts, until the matter is resolved, I think you would be wise to deposit the money in a separate bank account.  A lawyer's escrow account might be best, but if you don't want to engage a lawyer, maybe just open up a separate account which you only use for these payments (and only deposit the money after the landlord refuses payment.)... Read More

Yes, it would be illegal.  You can sue the other party for breaching your contract.  If you obtain a judgment which he does not pay, you may be able, by following the proper legal process, to sell his belongings to help pay off that judgment.  But you are not permitted to take  matters into your own hands by selling his property before any Court has given you the right to do so.... Read More

In every jurisdiction in which I have practiced (which doesn't include Illinois) there is a fee to file a lien (the amount of which varies depending on the type of lien and the jurisdiction), except that judgments are, in some jurisdictions (including New York) automatically filed against real property owned by the judgment debtor in the county in which the judgment was issued.  ... Read More

Unless you have an agreement with the company stating that you have a right to assert a lien against its property, you cannot do so until you get a judgment against it.  You have to sue the company and win.  At that point you will legally be entitled to use various judgment enforcement procedures to collect the money you are owed, but until you get a judgment you are only a guy claiming that he is owed money. ... Read More

The question is whether this is a unilateral mistake or a joint mistake.  If you both knew that there was a mistake in the contract, and you both intended the contract to provide for other terms, your contract can be voided or reformed to express the actual agreed terms.  From what you've written, howeve, it seems to have been a unilateral mistake, that is you agreed to the terms on the form you signed, with no way of knowing that the gym had made any mistake.  It thus appears that the contract is valid, and you are entitled to enforce it.  There is no reason why you should agree to pay higher rates or accept less services than are provided for in the written agreement.  However, in practical terms, it may well not be worth it to enforce the contract if the gym doesn't abide by it.  You would have to go to Court (which would be a hassle) and how valuable would it be to have a membership to a gym which is hostile to you? You might be better off negotiating a compromise or just getting your $30 back and going somewhere else.... Read More

The simple answer is no.  The landlord cannot change the terms of your lease without your consent.  The landlord could have demanded that you pay increased rent in order to extend the term of your lease, but did not do so.  The landlord's action of simply changing the date on your lease indicates an agreement that the terms of your lease would remain the same during the extended period of your tenancy.  Thus, assuming that your landlord does not dispute the events as you recite them, you should be able to get your security deposit back.  In the real world, however, it is likely that the landlord will dispute your account, and a court will have to decide which of you is telling the truth.... Read More