Illinois Civil Litigation Legal Questions

Law school 101 - sue everybody who might possibly be responsible!  It seems to me that the aunt and her daughter are both responsible.  The aunt breached her contract with you to hold on to the money and only disburse it when and if the daughter's car deal went through.  The daughter breached her agreement with you by not repaying the loan and by using the money for something other than a car.... Read More

While I am not specifically familiar with Illinois procedure, in the jurisdictions in which I practice there is no requirement that a subpoena be signed by the person being subpoenaed.  Such a requirement would make no sense. If you're asking whether service was proper because the subpoena was delivered to a family member rather than you, personally, again I am not familiar with Illinois procedure, but in most states service upon a person of suitable age and discretion at the home of the person being subpoenaed would be sufficient, although additional steps (such as an additional mailing) may be required.... Read More

If the eboyfriend sued your girlfriend for the money she owes him, she would certainly be entitled to get a copy of the letter in discovery in that action.  Absent that, however, I know of no statute which gives your girlfriend a right to a copy of the letter, although it is possible that there is an Illinois statute of which I am unaware, as I do not practice in Illinois.  Assuming, however, that the ex-boyfriend had a right to refuse to give your girlfriend a copy of the letter, he is also within his rights in asking for consideration (quid pro quo) in exchange for waiving that right.  Hindsight is 20-20, but your girlfriend shoudl have made a copy of the letter when she signed it.... Read More

Any competent individual has a right to represent themselves in court.  For Federal Courts, this right is codified in 28 U.S.C. Section 1654.  I do not know if the rule has been codified in any Illinois state statute or rule, or is merely part of the common law, but I am confident that the right exists in Illinois state courts as well.  With very rare exceptions, however, a non-lawyer cannot represent anyone else, including any corporation, llc, or other entity.... Read More

In nearly all cases, the statute of limitations on a claim for personal injuries starts to run when you are actually injured, not when a government agency later deems you to have been disabled. If the misconduct to which you refer -- which is essentially a wrongful- or malicious-prosecution claim -- relates to litigation which terminated in 2009, then the statute of limitations ran in 2011 under Illinois law and your claim is time-barred.... Read More

The answer depends on exactly what you signed. If you are the borrower, rather than a guarantor, then you may have a problem. If, on the other hand, you are merely a guarantor, you have a right to require him to perform his obligations to the creditor and to collect from him anything you are required to pay the creditor. Many rights and obligations will depend on the precise terms of the loan agreement and guaranty themselves. You should take these documents to an attorney and have them reviewed. It sounds as if your son doens't have any money. It is hard to get blood from a stone.... Read More