This morning, I met a Defendant that had missed her eviction court date. In the Circuit Court of Cook County, a Defendant that arrived late or failed to appear at a court hearing is given a Default Judgment, which means that the Plaintiff gets exactly what they are asking for.
It is strongly recommended and encouraged to immediately file a Motion to Vacate Default Judgment within thirty (30) days of the entry of the Default Judgment order. This is called a 2-1301 Motion because it generally is granted because the court does not want to prejudice a Defendant that made a mistake. However, it is vital that you file this Motion to Vacate Default Judgment within 30 days because it is much easier to have this default or ex-parte judgment vacated. After thirty (30) days, it is a different process called 2-1401 Motion to Vacate Default Judgment.
Sean Robertson is a litigation attorney that may be reached at (312) 498-6080.
Monday, March 21, 2011
Saturday, March 12, 2011
What is a Breach of Contract Lawsuit?
A breach of contract case is a case that involves three elements or factors. The first element is an offer, which is essentially a proposal or a deal that is being offered. The second element is acceptance, which means that the other party agreed to accept the terms of the proposal or offer. The third element is consideration, which means that any consideration for the offer, there must be something of a financial promise that is exchanged. A breach of contract lawsuit in the Circuit Court of Cook County is a lawsuit that typically involves non-payment of a debt to a vendor. In today's economy, there are a lot of breach of contract cases that are being filed because people are having difficulty paying their bills.
Sean Robertson is a commercial and civil litigation attorney in Chicago, Illinois. Sean Robertson may be reached at (312) 498-6080.
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Sean Robertson is a commercial and civil litigation attorney in Chicago, Illinois. Sean Robertson may be reached at (312) 498-6080.
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Business Partnership Disputes
Yesterday, I met with a former business partner of an LLC that had a total of three partners/members of an LLC. We talked about how he had a buy out of his membership interest and the LLc and the individual partners did not fulfill their end of the agreement.
In business partnership disputes, the key is trying to convert your claim against the individual business partners. This is where a business partnership disputes becomes more effective because the risk of loss is greater for the individual members. The number one rule of being a Defendant is the best defense is a good offense. Thus, it is highly likely that one is likely to get countersued after you file a business partnership dispute against former business partners.
There are several types of actions that typically are included in a business partnership dispute. The first claim is Conversion. Conversion is similar to theft in that it is the use of your money without authorization. Unlike theft, conversion is typically a temporary event. The second claim is Fraud. Fraud is essentially deceit and covering up a critical fact or information that leads to your damages. The benefit of conversion and fraud cases are punitive damages and reasonable attorney's fees may be awarded if you have a victory. This is huge because the Plaintiff has a huge incentive to file a partnership dispute. In contrasts, if you must defend a business dispute, it is difficult because the amount of legal fees and risks are high. The third type of claim is a breach of contract. The claim is one where there was a written or oral agreement that has been broken, which had lead to damages. The fourth type of claim is breach of fiduciary duty such as a Manager of an LLC or Director of a Corporation. A Breach of fiduciary means that somebody held an important position in the business and they operated below the standard of care required by their position. Again, the key is you have been harmed by damages.
In conclusion, Sean Robertson is a litigation and business partnership dispute attorney that represents Plaintiffs and Defendants in business partnership disputes. Sean Robertson is Managing Partner of Robertson Law Group, LLC, which is located in downtown Chicago. Sean Robertson may be reached at (312) 498-6080. Check out our website at www.RobertsonLawGroup.com.
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In business partnership disputes, the key is trying to convert your claim against the individual business partners. This is where a business partnership disputes becomes more effective because the risk of loss is greater for the individual members. The number one rule of being a Defendant is the best defense is a good offense. Thus, it is highly likely that one is likely to get countersued after you file a business partnership dispute against former business partners.
There are several types of actions that typically are included in a business partnership dispute. The first claim is Conversion. Conversion is similar to theft in that it is the use of your money without authorization. Unlike theft, conversion is typically a temporary event. The second claim is Fraud. Fraud is essentially deceit and covering up a critical fact or information that leads to your damages. The benefit of conversion and fraud cases are punitive damages and reasonable attorney's fees may be awarded if you have a victory. This is huge because the Plaintiff has a huge incentive to file a partnership dispute. In contrasts, if you must defend a business dispute, it is difficult because the amount of legal fees and risks are high. The third type of claim is a breach of contract. The claim is one where there was a written or oral agreement that has been broken, which had lead to damages. The fourth type of claim is breach of fiduciary duty such as a Manager of an LLC or Director of a Corporation. A Breach of fiduciary means that somebody held an important position in the business and they operated below the standard of care required by their position. Again, the key is you have been harmed by damages.
In conclusion, Sean Robertson is a litigation and business partnership dispute attorney that represents Plaintiffs and Defendants in business partnership disputes. Sean Robertson is Managing Partner of Robertson Law Group, LLC, which is located in downtown Chicago. Sean Robertson may be reached at (312) 498-6080. Check out our website at www.RobertsonLawGroup.com.
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Friday, March 11, 2011
Adventures of Law Division Court at Circuit Court Cook County
This morning, I am eagerly waiting my 9:30 a.m. status hearing in the law division. Law division is a court where lawsuits are $30,000 and higher. Today, I have a nursing home case where my client is a Defendant that got sued by the nursing home. The Nursing home is suing my client for failure to pay his mother's nursing home bill essentially. Although the nursing home contract clearly stated that my client is not personally liable, the nursing home is suing him. Unfortunately, this occurs often with nursing home contracts. I did not know this until I started representing this client and another client dealing with a breach of contract lawsuit in the Circuit Court of Cook county by a nursing home.
A status call is essentially going in front of the Judge and giving him or her a status update. Letting them know what are the next steps to get the case ready for trial or settlement. Today, we likely will set up a discovery schedule, which means both sides get a chance to find out what documents and information the other side has for trial.
Sean Robertson is a litigation attorney concentrating in breach of contract, breach of fiduciary duty, and civil and commercial litigation law in downtown Chicago. Sean practices a lot at the Richard J. Daley Center in downtown Chicago and the Circuit Court of Cook County. Sean Robertson may be reached at (312) 498-6080.
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A status call is essentially going in front of the Judge and giving him or her a status update. Letting them know what are the next steps to get the case ready for trial or settlement. Today, we likely will set up a discovery schedule, which means both sides get a chance to find out what documents and information the other side has for trial.
Sean Robertson is a litigation attorney concentrating in breach of contract, breach of fiduciary duty, and civil and commercial litigation law in downtown Chicago. Sean practices a lot at the Richard J. Daley Center in downtown Chicago and the Circuit Court of Cook County. Sean Robertson may be reached at (312) 498-6080.
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Wednesday, March 9, 2011
What Should You Do When You Get A Summons at the Daley Center?
If you get a court summons at the Daley Center, you should strongly consider hiring an experienced litigation attorney. As a general rule, if the amount of damages the Plaintiff is seeking are greater than $10,000, you should consult an litigation attorney. A summons is a notice that a Defendant must appear in court to answer a complaint or lawsuit regarding a specific claim by a Plaintiff.
Generally, a Defendant has thirty (30) days to answer a court summons. The thirty day period is the period where a Defendant should file an appearance and file an answer. An answer is a paragraph by paragraph response to a Plaintiff's lawsuit or complaint. In Cook County (Illinois), there are two types of answers. A verified answer and an unverified answer. A verified answer is an answer that must be under oath because the plaintiff's complaint was sworn to as an affidavit. An unverified complaint is a unsworn statement by the Plaintiff alleging a certain amount of damages.
If a Defendant does not show up for court, an ex-parte default judgment will be entered against the Defendant. This means that the Plaintiff gets the relief they are looking for without a fight. After an ex-parte default judgment has been answered, a Defendant has up to 30 days from the entry of the judgment to file a Motion to Vacate Default Judgment. In the initial 30 days, it is relatively easy to get a default judgment thrown out. After 30 days, it is harder to get a Motion to Vacate Default Judgment vacated. It is possible but harder depending on your specific facts. Urgency is key here.
Sean Robertson is an experienced business and civil litigation attorney practicing at the Daley Center in Cook County. Sean Robertson may be reached at 312-498-6080.
Generally, a Defendant has thirty (30) days to answer a court summons. The thirty day period is the period where a Defendant should file an appearance and file an answer. An answer is a paragraph by paragraph response to a Plaintiff's lawsuit or complaint. In Cook County (Illinois), there are two types of answers. A verified answer and an unverified answer. A verified answer is an answer that must be under oath because the plaintiff's complaint was sworn to as an affidavit. An unverified complaint is a unsworn statement by the Plaintiff alleging a certain amount of damages.
If a Defendant does not show up for court, an ex-parte default judgment will be entered against the Defendant. This means that the Plaintiff gets the relief they are looking for without a fight. After an ex-parte default judgment has been answered, a Defendant has up to 30 days from the entry of the judgment to file a Motion to Vacate Default Judgment. In the initial 30 days, it is relatively easy to get a default judgment thrown out. After 30 days, it is harder to get a Motion to Vacate Default Judgment vacated. It is possible but harder depending on your specific facts. Urgency is key here.
Sean Robertson is an experienced business and civil litigation attorney practicing at the Daley Center in Cook County. Sean Robertson may be reached at 312-498-6080.
Post-Judgment Proceedings: Citation to Discover Assets at Circuit Court Cook County
The most common mistake I keep on hearing about are Defendants getting their bank accounts frozen and their money taking after a judgment takes place. A judgment is essentially a ruling by the Circuit Court of Cook County at the Richard J. Daley Center that a Plaintiff is entitled to a certain amount of money as a measurement of damages.
I got two phone calls today with a similar story. This story is Plaintiffs catching a Defendant by surprise within 30 to 60 days after a judgment. After a judgment is recorded, a Plaintiff files paperwork called a Citation to Discover Assets. A Citation to Discover Assets are a deposition under oath with the purpose of finding your money and assets to collect on money that is owed to you. A common tactic is fear because Defendants are likely to pay a Plaintiff if they fear something such as a lien against their home or losing their home. The problem is most Defendant's attorneys do not properly explain the Post-Judgment proceedings because most Defendant attorneys do not practice a lot in the Post-Judgment proceedings. Defendants must expect that a Plaintiff will issue a Wage Garnishment Order to their bank and freeze their accounts. This will cause NSF fees, bounced checks, and Plaintiff to get money that Defendant is legally entitled to. Most Defendants fail to anticipate this and know how to properly prepare for this. In Illinois, a Defendant has certain exemptions under the law. The most common exemption is $4,000 personal property wildcard exemption. This wildcard exemption is to allow a Defendant to protect their bank account or cars (i.e. personal property) from a Plaintiff. However, most Defendants do not know how to properly file the paperwork claiming their wildcard exemption. This means Defendants lose their money and are caught off guard during already difficult and trying financial circumstances. An experienced attorney that anticipates a Plaintiff's attorneys' responses prior to them, can inform and educate a Client on what to expect. A prepared and educated a Defendant is a Defendant that is more financially secure.
Sean Robertson is an attorney that assists Defendants in Cook County at the Circuit Court of Cook County with post-judgment and post-trial litigation. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.
I got two phone calls today with a similar story. This story is Plaintiffs catching a Defendant by surprise within 30 to 60 days after a judgment. After a judgment is recorded, a Plaintiff files paperwork called a Citation to Discover Assets. A Citation to Discover Assets are a deposition under oath with the purpose of finding your money and assets to collect on money that is owed to you. A common tactic is fear because Defendants are likely to pay a Plaintiff if they fear something such as a lien against their home or losing their home. The problem is most Defendant's attorneys do not properly explain the Post-Judgment proceedings because most Defendant attorneys do not practice a lot in the Post-Judgment proceedings. Defendants must expect that a Plaintiff will issue a Wage Garnishment Order to their bank and freeze their accounts. This will cause NSF fees, bounced checks, and Plaintiff to get money that Defendant is legally entitled to. Most Defendants fail to anticipate this and know how to properly prepare for this. In Illinois, a Defendant has certain exemptions under the law. The most common exemption is $4,000 personal property wildcard exemption. This wildcard exemption is to allow a Defendant to protect their bank account or cars (i.e. personal property) from a Plaintiff. However, most Defendants do not know how to properly file the paperwork claiming their wildcard exemption. This means Defendants lose their money and are caught off guard during already difficult and trying financial circumstances. An experienced attorney that anticipates a Plaintiff's attorneys' responses prior to them, can inform and educate a Client on what to expect. A prepared and educated a Defendant is a Defendant that is more financially secure.
Sean Robertson is an attorney that assists Defendants in Cook County at the Circuit Court of Cook County with post-judgment and post-trial litigation. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.
Tuesday, March 1, 2011
Law Division and Civil Cases
Today, I met with a client that had a law division case that needed defended. The Defendant received a complaint and got a legal notice that they must respond to a Summons and Complaint within 30 days or otherwise, a default judgment may be entered against them.
As I explained to this client, an answer is important because it is a response to a Plaintiff's lawsuit. However, prior to a default judgment being entered against a Defendant, it is important that a Defendant be given notice of the upcoming proceeding. In many cases, a Motion for Default Judgment will be mailed to a Defendant prior to the issuance of a judgment. A Motion for Default Judgment is a legal notice that informs a Defendant that if you do not show up for court, a default judgment will be issued against you.
It is important that a Defendant timely respond to a lawsuit. Otherwise, a Default Judgment may be issued and the court will grant the Plaintiff their request. After a judgment is entered, a Plaintiff has the ability to garnish your wages and freeze your bank accounts among other things. Defendant have critical rights that must be protected.
Sean Robertson is a civil and commercial litigation attorney with significant experience in asset protection. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.
As I explained to this client, an answer is important because it is a response to a Plaintiff's lawsuit. However, prior to a default judgment being entered against a Defendant, it is important that a Defendant be given notice of the upcoming proceeding. In many cases, a Motion for Default Judgment will be mailed to a Defendant prior to the issuance of a judgment. A Motion for Default Judgment is a legal notice that informs a Defendant that if you do not show up for court, a default judgment will be issued against you.
It is important that a Defendant timely respond to a lawsuit. Otherwise, a Default Judgment may be issued and the court will grant the Plaintiff their request. After a judgment is entered, a Plaintiff has the ability to garnish your wages and freeze your bank accounts among other things. Defendant have critical rights that must be protected.
Sean Robertson is a civil and commercial litigation attorney with significant experience in asset protection. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.
Friday, February 25, 2011
3 Basic Civil Litigation Tips
The first (1st) tip is make sure you properly respond to a complaint or lawsuit within a timely manner. Generally, a Defendant has thirty (30) days to file an answer or otherwise plead. A Motion for Default Judgment is required before ex parte default judgment is granted unless the Defendant does not show up for court on the first trial date.
The second (2nd) tip is if you get a default judgment or an ex parte judgment, which means that the court has found against you because you failed to show up for court. Make sure you file a Motion to Vacate a Default Judgment within 30 days after entry of your default judgment.
The third (3rd) tip is timely respond to discovery requests. Discovery is the information that a Plaintiff or Defendant is entitled to to determine the validity of their case.
Sean Robertson is a civil litigation attorney and may be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.
The second (2nd) tip is if you get a default judgment or an ex parte judgment, which means that the court has found against you because you failed to show up for court. Make sure you file a Motion to Vacate a Default Judgment within 30 days after entry of your default judgment.
The third (3rd) tip is timely respond to discovery requests. Discovery is the information that a Plaintiff or Defendant is entitled to to determine the validity of their case.
Sean Robertson is a civil litigation attorney and may be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.
Wednesday, February 2, 2011
What is Discovery in civil or commercial litigation?
Discovery is where the Plaintiff and Defendant have a legal right to access all of the relevant information and documents that the other side has prior to trial. Discovery assists the Plaintiff or Defendant whether they want to settle or not.
Discovery also includes a deposition which is also called a "Discovery deposition". Generally, in Illinois, discovery is broken down into two (2) documents called "Production of Documents" and "Interragatories". Production of documents is essentially the documents that the Plaintiff or Defendant possess or may want to use at trial. For example, the Plaintiff mails a three page Production of Documents request to the Defendant for all documents that arise out of the Plaintiff's complaint (lawsuit) and Plaintiff wants to know all the documents that the Defendant may use at trial. Defendant is under a legal duty to disclose all the documents that they may use at trial, or Defendant may be barred from using the information. Production of documents are critical in civil or commercial litigation matters in the Circuit Courts of Cook, Dupage, or Will County. Your civil or commercial litigation attorney should use Production of Document's request to determine how strong their opposing attorney's case is. Often times, discovery request is used as a weapon to run up the legal fees on a Defendant or Plaintiff that may lack funds to properly defend themselves. Thus, the Defendant or Plaintiff's goal is to get the opposing attorney to withdraw from legal representation and beat Defendant or Plaintiff by utilizing the Plaintiff or Defendant's lack of knowledge of the court system.
Interragatories are similar to production of documents except that interragatories request information about interviews or statements that a party may know of or who was present as a witness or know anything about the heart of the complaint or lawsuit. Again, interragatories is seeking to know information, so that side can determine whether they need to interview a witness that they did not know about.
Sean Robertson is a civil and commercial litigation attorney with extensive experience in asset protection and liability protection for individuals, families, and business owners. Sean Robertson can be reached at either (312) 498-6080 or (630) 364-2318. Robertson Law Group, LLC has offices in downtown Chicago and Naperville.
Discovery also includes a deposition which is also called a "Discovery deposition". Generally, in Illinois, discovery is broken down into two (2) documents called "Production of Documents" and "Interragatories". Production of documents is essentially the documents that the Plaintiff or Defendant possess or may want to use at trial. For example, the Plaintiff mails a three page Production of Documents request to the Defendant for all documents that arise out of the Plaintiff's complaint (lawsuit) and Plaintiff wants to know all the documents that the Defendant may use at trial. Defendant is under a legal duty to disclose all the documents that they may use at trial, or Defendant may be barred from using the information. Production of documents are critical in civil or commercial litigation matters in the Circuit Courts of Cook, Dupage, or Will County. Your civil or commercial litigation attorney should use Production of Document's request to determine how strong their opposing attorney's case is. Often times, discovery request is used as a weapon to run up the legal fees on a Defendant or Plaintiff that may lack funds to properly defend themselves. Thus, the Defendant or Plaintiff's goal is to get the opposing attorney to withdraw from legal representation and beat Defendant or Plaintiff by utilizing the Plaintiff or Defendant's lack of knowledge of the court system.
Interragatories are similar to production of documents except that interragatories request information about interviews or statements that a party may know of or who was present as a witness or know anything about the heart of the complaint or lawsuit. Again, interragatories is seeking to know information, so that side can determine whether they need to interview a witness that they did not know about.
Sean Robertson is a civil and commercial litigation attorney with extensive experience in asset protection and liability protection for individuals, families, and business owners. Sean Robertson can be reached at either (312) 498-6080 or (630) 364-2318. Robertson Law Group, LLC has offices in downtown Chicago and Naperville.
Tuesday, February 1, 2011
What is an Answer and Verified Answer?
An answer in the State of Illinois is a response to somebody's complaint, which answers your response per Paragraph or per factual allegation. An answer does not have to be sworn under oath and does not have to be notarized.
A verified answer is a response to a complaint or lawsuit that must be filed under oath and notarized. It is important to answer a verified complaint with a verified answer. A verified complaint is a lawsuit filed by the Plaintiff in Illinois under oath by somebody that knows of the facts and statements indicated in the complaint.
Sean Robertson is a civil and commercial litigation attorney that practices in the areas of Cook, Dupage, and Will Counties. Sean Robertson can be reached at (312) 498-6080 or (630) 364-2318.
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A verified answer is a response to a complaint or lawsuit that must be filed under oath and notarized. It is important to answer a verified complaint with a verified answer. A verified complaint is a lawsuit filed by the Plaintiff in Illinois under oath by somebody that knows of the facts and statements indicated in the complaint.
Sean Robertson is a civil and commercial litigation attorney that practices in the areas of Cook, Dupage, and Will Counties. Sean Robertson can be reached at (312) 498-6080 or (630) 364-2318.
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Monday, January 31, 2011
Why Attorney Fees are an important tool in civil litigation?
Attorney fees are payment of attorney's fees are a critical tool in civil and commercial litigation. Often times, the plaintiff or defendant can not afford the excessive expense of attorney's fees. In many matters, a Plaintiff's attorney simply is patient because he or she understands that the Defendant will eventually run out of money to defend themselves. A lot of Plaintiffs are on contingency payments and therefore, this is a huge asset in favor of the Plaintiff unlike the Defendant.
It is important to negotiate reasonable attorney's fees and costs to be paid in case a contract such as a non-compete agreement are broken. The difference in this provision is the difference in a person deciding to move forward with litigation or stop litigation. After reviewing the merits of the case, the costs of litigation makes it unaffordable to continue.
In conclusion, attorney's fees and evaluating how much an attorney costs is a critical decision and may be the difference between victory and defeat.
Sean Robertson is a civil and commercial litigation attorney based in downtown Chicago and Naperville, Illinois. Sean Robertson is a Managing Partner of Robertson Law Group, LLC. Sean Robertson can be reached at either (312) 498-6080 or (630) 364-2318.
It is important to negotiate reasonable attorney's fees and costs to be paid in case a contract such as a non-compete agreement are broken. The difference in this provision is the difference in a person deciding to move forward with litigation or stop litigation. After reviewing the merits of the case, the costs of litigation makes it unaffordable to continue.
In conclusion, attorney's fees and evaluating how much an attorney costs is a critical decision and may be the difference between victory and defeat.
Sean Robertson is a civil and commercial litigation attorney based in downtown Chicago and Naperville, Illinois. Sean Robertson is a Managing Partner of Robertson Law Group, LLC. Sean Robertson can be reached at either (312) 498-6080 or (630) 364-2318.
Counter Claim as an Effective Defense
Today, I got the good news that one of my cases got settled simply for no money. One of my defendants was sued by a company outside of Illinois. My client hired Robertson Law Group, LLC and we filed a counter claim against the Plantiff, which is a business outside of the state of Illinois.
The Plaintiff's attorney withdrew from legal representation because the counterclaim made Plaintiff's collection case worthless. Due to our counter claims, the company outside of Illinois had to hire an attorney to represent its' interest. The Plaintiff decided to settle the matter and dismiss the counter claim because the costs of attorney's fees and costs would make this matter unworth it to pursue litigation.
My basic point a counter claim is an effective defense strategy against a Plaintiff. A Plaintiff should be careful prior to pursuing litigation to make sure their assets are properly protected. Often times, a Defendant wants to counter sue the PLaintiff. Therefore, a counter suit is an effective and good strategy in trying to decrease the value of any settlement or claim.
Sean Robertson is an asset protection and litigation attorney with extensive experience representing business owners that are being sued by a vendor or collection attorney. Sean Robertson can be reached at (312) 498-6080 or (630) 364-2318.
The Plaintiff's attorney withdrew from legal representation because the counterclaim made Plaintiff's collection case worthless. Due to our counter claims, the company outside of Illinois had to hire an attorney to represent its' interest. The Plaintiff decided to settle the matter and dismiss the counter claim because the costs of attorney's fees and costs would make this matter unworth it to pursue litigation.
My basic point a counter claim is an effective defense strategy against a Plaintiff. A Plaintiff should be careful prior to pursuing litigation to make sure their assets are properly protected. Often times, a Defendant wants to counter sue the PLaintiff. Therefore, a counter suit is an effective and good strategy in trying to decrease the value of any settlement or claim.
Sean Robertson is an asset protection and litigation attorney with extensive experience representing business owners that are being sued by a vendor or collection attorney. Sean Robertson can be reached at (312) 498-6080 or (630) 364-2318.
Thursday, January 27, 2011
5 Liability Tips for Defendants
In this blog, I will discuss 5 liability tips for Defendants facing civil or commercial litigation risks.
The first liability tip is respond in a timely manner to a complaint or lawsuit. One has thirty days to file an answer or otherwise plead in a civil or commercial litigation matter. If an answer goes unfilled, the Plaintiff will file a Motion for Default Judgment. A Motion for Default Judgment can be avoided simply by attending court. If you get a default judgment or otherwise known as ex parte default judgment against you, you have thirty (30) days or less to file a Petition to Vacate the Default Judgment in Illinois. After 30 days, a Petition under 2-1401 may be filed but it is more difficult to be awarded for a Defendant. The key tip is be responsible and respond to your lawsuit or remedy your situation quickly if you fail to show up for court.
The second liability tip is understand whether you have the capacity to handle the matter for youself. Any matter greater than $5,000, probably should be handled by an attorney. In selecting an attorney make sure the attorney has the sufficient level of expertise and is cost-effective. Many civil and commercial litigation attorneys are too expensive and they simply withdraw from legal representation after a few court visits.
The third liability tip is be organized with your documents. This saves you money and enables your attorney to assist you. Ofen times, discovery requests for information is required within 30 days and it is difficult to obtain because Defendant often times has multiple priorities in their life.
The fourth liability tip is be prepared for a counter suit prior to filing
of your lawsuit. Your assets such as your primary residence should be protected against liens and judgments. For example, one of my clients got a $1.6 million judgment against him because he sued his former business partners. Be prepared to be counter sued because it is an effective trial and litigation strategy.
The fifth liability tip is understand whether it is better to fight the lawsuit or complaint or attempt to settle the matter for a percentage of what is owed. Defendants get the best offers when they pay one lump sum to settle a lawsuit. Payment in multiple payments is possible, but it is difficult to settle a case for less than full value with this strategy.
Sean Robertson is a civil and commercial litigation attorney based in downtown Chicago and Naperville, Illinois. Sean Robertson is a member of the Chicago Bar Association, Cook County Bar Association, and Illinois State Bar Association. Sean Robertson can be reached at either (312) 498-6080 or (630) 364-2318.
The first liability tip is respond in a timely manner to a complaint or lawsuit. One has thirty days to file an answer or otherwise plead in a civil or commercial litigation matter. If an answer goes unfilled, the Plaintiff will file a Motion for Default Judgment. A Motion for Default Judgment can be avoided simply by attending court. If you get a default judgment or otherwise known as ex parte default judgment against you, you have thirty (30) days or less to file a Petition to Vacate the Default Judgment in Illinois. After 30 days, a Petition under 2-1401 may be filed but it is more difficult to be awarded for a Defendant. The key tip is be responsible and respond to your lawsuit or remedy your situation quickly if you fail to show up for court.
The second liability tip is understand whether you have the capacity to handle the matter for youself. Any matter greater than $5,000, probably should be handled by an attorney. In selecting an attorney make sure the attorney has the sufficient level of expertise and is cost-effective. Many civil and commercial litigation attorneys are too expensive and they simply withdraw from legal representation after a few court visits.
The third liability tip is be organized with your documents. This saves you money and enables your attorney to assist you. Ofen times, discovery requests for information is required within 30 days and it is difficult to obtain because Defendant often times has multiple priorities in their life.
The fourth liability tip is be prepared for a counter suit prior to filing
of your lawsuit. Your assets such as your primary residence should be protected against liens and judgments. For example, one of my clients got a $1.6 million judgment against him because he sued his former business partners. Be prepared to be counter sued because it is an effective trial and litigation strategy.
The fifth liability tip is understand whether it is better to fight the lawsuit or complaint or attempt to settle the matter for a percentage of what is owed. Defendants get the best offers when they pay one lump sum to settle a lawsuit. Payment in multiple payments is possible, but it is difficult to settle a case for less than full value with this strategy.
Sean Robertson is a civil and commercial litigation attorney based in downtown Chicago and Naperville, Illinois. Sean Robertson is a member of the Chicago Bar Association, Cook County Bar Association, and Illinois State Bar Association. Sean Robertson can be reached at either (312) 498-6080 or (630) 364-2318.
Wednesday, January 26, 2011
Landlord Tenant
Today I met with a landlord that had several basic questions about being a landlord. First, this gentleman named "Ed" had a property in a near Western Suburb in Cook County and lives in the Western Suburbs. The first mistake, Ed, made was using a generic real estate leasing form bought online. This was a mistake in his case because he wants to sue a tenant for breach of contract due to non-payment of rent that resides in a different state other than Illinois. This is important because a standard Cook County or Chicago Association of Realtor's Lease has a provision, which mandates that Circuit Court of Cook County is the choice of jurisdiction. Thus, in his case, Ed has limited options of collecting his back owed rent.
Ed's second question was how to approach a tenant that pays their late. Ed noticed that his tenant paid their rent around twenty days late and therefore, Ed thought that if he changed the rent due date to the 20th of the Month, it would solve the lateness of rent payments. This was a mistake because the tenant just paid 15 to 20 days late from the new due date. Thus, Ed needed to train the tenant that paying Ed is a priority. This could be done by delivering a five day notice to the tenant when they fail to pay rent in a timely manner (after 10 days late). If the tenant does not pay, then Ed should file a landlord/tenant eviction case. The damages should include attorney's fees and costs along with the outstanding rent.
The third question Ed had was how to approach a tenant that has two to three months left on their lease when their rent is past due by a significant time frame. A serious concern is a tenant deciding to withhold paying monthly rent and having the landlord use the security deposit as the last month's rent. Most real estate leases have a written provision against this but most tenants do not care especially if they are moving out after the term of their rental agreement. The second advice to Ed was provide at least thirty (30) day notice to the tenants that Ed is not renewing the lease. The third advice to Ed was mail the clients a letter of his concerns with me editing the letter. This is important because a letter from an attorney sends a strong message and a tenant should not be scared into non-payment of rent. If the letter is not careful, the tenant will determine that it is in their best interests to save their money for a new place. This causes problems for a Cook County landlord because the eviction process along with the Sheriff eviction process can take three to six months from beginning to close.
Sean Robertson is a litigation attorney that concentrates in civil and commercial litigation, landlord/tenant representation, and business disputes. Sean Robertson can be reached at (312) 498-6080 or (630) 364-2318.
Ed's second question was how to approach a tenant that pays their late. Ed noticed that his tenant paid their rent around twenty days late and therefore, Ed thought that if he changed the rent due date to the 20th of the Month, it would solve the lateness of rent payments. This was a mistake because the tenant just paid 15 to 20 days late from the new due date. Thus, Ed needed to train the tenant that paying Ed is a priority. This could be done by delivering a five day notice to the tenant when they fail to pay rent in a timely manner (after 10 days late). If the tenant does not pay, then Ed should file a landlord/tenant eviction case. The damages should include attorney's fees and costs along with the outstanding rent.
The third question Ed had was how to approach a tenant that has two to three months left on their lease when their rent is past due by a significant time frame. A serious concern is a tenant deciding to withhold paying monthly rent and having the landlord use the security deposit as the last month's rent. Most real estate leases have a written provision against this but most tenants do not care especially if they are moving out after the term of their rental agreement. The second advice to Ed was provide at least thirty (30) day notice to the tenants that Ed is not renewing the lease. The third advice to Ed was mail the clients a letter of his concerns with me editing the letter. This is important because a letter from an attorney sends a strong message and a tenant should not be scared into non-payment of rent. If the letter is not careful, the tenant will determine that it is in their best interests to save their money for a new place. This causes problems for a Cook County landlord because the eviction process along with the Sheriff eviction process can take three to six months from beginning to close.
Sean Robertson is a litigation attorney that concentrates in civil and commercial litigation, landlord/tenant representation, and business disputes. Sean Robertson can be reached at (312) 498-6080 or (630) 364-2318.
Monday, January 24, 2011
Difference between Municipal and Law Division
Many people wonder what are the differences between Municipal and Law Division within the Circuit Court of Cook County, Circuit Court of Dupage County, or Circuit Court of Will County?
Municipal division generally deals with disputes from $1 to $30,000. In contrasts, Law Division generally deals with disputes and litigation matters involving matters of $30,000 and above. Law division usually addresses breach of contract matters where one side is accused of breaking an oral or written contract by not paying as they were supposed to.
Generally, a complaint is filed, which states the amount of damages alleged and this determines whether the case is assigned to municipal or law division. A Defendant must file an answer to the complaint within thirty (30) days or face a Motion for Default Judgment. A Motion for Default Judgment is a Motion if granted gives the Plaintiff the remedy that they are seeking in their complaint or lawsuit.
Robertson Law Group, LLC concentrates in business and commercial litigation matters in the Counties of Cook, Dupage, and Will Counties. Sean Robertson is Managing Partner and can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.
Municipal division generally deals with disputes from $1 to $30,000. In contrasts, Law Division generally deals with disputes and litigation matters involving matters of $30,000 and above. Law division usually addresses breach of contract matters where one side is accused of breaking an oral or written contract by not paying as they were supposed to.
Generally, a complaint is filed, which states the amount of damages alleged and this determines whether the case is assigned to municipal or law division. A Defendant must file an answer to the complaint within thirty (30) days or face a Motion for Default Judgment. A Motion for Default Judgment is a Motion if granted gives the Plaintiff the remedy that they are seeking in their complaint or lawsuit.
Robertson Law Group, LLC concentrates in business and commercial litigation matters in the Counties of Cook, Dupage, and Will Counties. Sean Robertson is Managing Partner and can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.
Sunday, January 23, 2011
Business Partnerhip disputes
In today's economy, business partnership disputes are increasing because one party is unhappy with the arrangement. There are different types of claims that can be brought in a partnership dispute. One of the claims is breach of contract. A breach of contract is essentially a claim where there was a written or oral contract and one party breached that agreement. The second type of claim is breach of fiduciary duty. This is essentially that one party failed to live up to their duties as imposed by their written agreement or the Illinois state statute. Third, conversion is a claim where the other party used your money or resources for their benefit and deprived you of the legal right to your property. This claim allows reasonable attorney's fees and costs. The fourth claim is a fraud claim, which is the business partner failed to disclose to you or kept something a secret from you. This fraud led to activities or losses that the partner should be responsible for.
Sean Robertson is a Corporate and Litigation attorney that concentrates in business counseling, business and corporate litigation, and asset protection. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.
Sean Robertson is a Corporate and Litigation attorney that concentrates in business counseling, business and corporate litigation, and asset protection. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.
Friday, January 21, 2011
Attorney Fees and Collection Matters
Today's topic are attorney's fees and collection matters. Often times, a creditor or vendor will sue a business owner and it is standard in most contracts to have the awardance of attorney's fees and costs. Whether you are the Defendant or Plaintiff, Attorney's fees are often a big deal. Attorney's fees quickly add up and a the price of negotiating a legal matter increases with rising attorney's fees.
In the municipal division at the Circuit Court of Cook County or Circuit Court of Dupage County, a creditor is awarded attorney's fees as long as the fees are reasonable and the contract allows for attorney's fees.
There are exceptions to this rule such as conversion and fraud claims. Punitive damages and attorney's fees are allowed and the Judge may or may not award attorney's fees and punitive damages to punish a certain type of behavior.
Sean Robertson is a commercial and business litigation attorney who practices in the Circuit Court of Cook, Dupage, and Will Counties. Sean Robertson can be reached at (312) 498-6080 Or Sean@RobertsonLawGroup.com.
In the municipal division at the Circuit Court of Cook County or Circuit Court of Dupage County, a creditor is awarded attorney's fees as long as the fees are reasonable and the contract allows for attorney's fees.
There are exceptions to this rule such as conversion and fraud claims. Punitive damages and attorney's fees are allowed and the Judge may or may not award attorney's fees and punitive damages to punish a certain type of behavior.
Sean Robertson is a commercial and business litigation attorney who practices in the Circuit Court of Cook, Dupage, and Will Counties. Sean Robertson can be reached at (312) 498-6080 Or Sean@RobertsonLawGroup.com.
Tuesday, January 18, 2011
Motion to Vacate Default Judgment
A Motion to Vacate a Default Judgment has two components. The first part is whether the judgment is greater or less than 30 days from the date the ex-parte default judgment was entered as a court order. For example, John Smith is owner of ABC Trucking, Inc. and on December 30, 2010 an ex-parte default judgment was entered against him for $30,000. On January 10, 2011, John Smith found out that a judgment was entered against him despite not being served or knowing of the court date. Under 735 ILCs 2-1301, a Defendant has thirty (30) days to file a petition to vacate the default judgment. This essentially means that a Defendant will get a opportunity to plead their case after they file their petition to Vacate a Default Judgment. If the judgment has been entered over thirty (30) days after entry of the judgment, 735 ILCS 2-1401 shall apply. The basic elements to set forth with an affidavit are the following: 1. Proper Defense to the underlying judgment; 2. No unreasonable delay in responding to the judgment; and 3. Must be accompanied with an affidavit under oath.
Sean Robertson is a commercial, contract, and litigation attorney in Naperville and Chicago, Illinois. Robertson Law Group, LLC services Cook, Dupage, Will, Kane, and Kendall Counties.
Sean Robertson is a commercial, contract, and litigation attorney in Naperville and Chicago, Illinois. Robertson Law Group, LLC services Cook, Dupage, Will, Kane, and Kendall Counties.
Tuesday, January 11, 2011
Personal Guarantees and Litigation
Yesterday, I got a phone call from a person that personally guaranteed a business loan and their bank has filed a lawsuit against them and the business. In today's economy, lawsuits are increasing especially by a person's bank for breach of contract. A breach of contract is a type of claim for non-payment of a contract that was entered into by an individual or a business. Generally, disputes under $30,000 are called municipal cases and disputes over $30,000 are called law division cases.
There are several options available to the Defendant. The first option is to settle the outstanding debt by paying twenty to fifty percent of the outstanding amount. Generally, this is the best strategy, but this is often times impractical. The second option is to file bankruptcy and rid yourself of this debt. The third option is to set up a payment arrangement and prevent a judgment being entered against you. The critical thing here is be realistic with your payment terms. The fourth strategy is to allow a judgment to be entered against you and set up your assets and accounts in a manner where the monies are uncollectable.
Sean Robertson is Managing Partner of Robertson Law Group, LLC, which concentrates in asset protection, civil and commercial litigation, and corporate law. Sean Robertson can be reached at either 630-364-2318 or 312-498-6080.
There are several options available to the Defendant. The first option is to settle the outstanding debt by paying twenty to fifty percent of the outstanding amount. Generally, this is the best strategy, but this is often times impractical. The second option is to file bankruptcy and rid yourself of this debt. The third option is to set up a payment arrangement and prevent a judgment being entered against you. The critical thing here is be realistic with your payment terms. The fourth strategy is to allow a judgment to be entered against you and set up your assets and accounts in a manner where the monies are uncollectable.
Sean Robertson is Managing Partner of Robertson Law Group, LLC, which concentrates in asset protection, civil and commercial litigation, and corporate law. Sean Robertson can be reached at either 630-364-2318 or 312-498-6080.
Tuesday, January 4, 2011
Contract Disputes
In today's economy, parties are often times fighting over a breach of contract dispute such as a vendor suing a customer for an unpaid bill or a customer being sued by a vendor for an unpaid bill. In Cook County, Dupage, and Will County, a law division case is defined as a case that exceeds $50,000. Generally, a law division case may include a contract dispute for $30,000 or less. Often times, a Plaintiff may want to file a law division case because they law division judges are more familiar with contract disputes than muncipal judges. Generally, an answer must be filed within thirty (30) days after a complaint is filed with the Defendant or Respondent. An answer is a legal response to the Plaintiff's complaint or lawsuit. Often times, a Defendant may avoid an answer by filing a Motion to Dismiss under 2-615 or 2-619.
The Robertson Law Group, LLC concentrates in contract, commercial, and civil litigation. Our offices are based in downtown Chicago and Naperville, Illinois in the Western Suburbs. We assist Plaintiffs and Defendants.
Key words: Naperville breach of contract attorney, Naperville contract attorney, Lisle breach contract attorney, Chicago Breach Contract Attorney, Cook County contract attorney, Cook County litigation attorney, and Dupage County litigation attorney.
The Robertson Law Group, LLC concentrates in contract, commercial, and civil litigation. Our offices are based in downtown Chicago and Naperville, Illinois in the Western Suburbs. We assist Plaintiffs and Defendants.
Key words: Naperville breach of contract attorney, Naperville contract attorney, Lisle breach contract attorney, Chicago Breach Contract Attorney, Cook County contract attorney, Cook County litigation attorney, and Dupage County litigation attorney.
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