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.
Keywords; Civil litigation attorney, Commercial litigation attorney Chicago, Breach Contract Lawsuit, What is Breach of Contract?, Collection Attorney Litigation Chicago, Cook County Litigation Attorney, Cook County Civil Litigation Attorney
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.
Keywords: business partnership litigation Chicago, business partnership disputes Chicago, business litigation attorney Chicago, Business litigation law firm Chicago, LLC Partnership dispute Cook County, Daley Center business partnership Defense attorney, small business partnership litigation attorney, small business litigation lawyer Chicago
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.
Keywords: business partnership litigation Chicago, business partnership disputes Chicago, business litigation attorney Chicago, Business litigation law firm Chicago, LLC Partnership dispute Cook County, Daley Center business partnership Defense attorney, small business partnership litigation attorney, small business litigation lawyer Chicago
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.
Key words: breach contract lawyer Chicago, downtown Chicago Daley Center lawyer, attorney civil litigation Defendants, Plaintiff litigation attorney Partnership dispute, breach fiduciary duty litigation attorney
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.
Key words: breach contract lawyer Chicago, downtown Chicago Daley Center lawyer, attorney civil litigation Defendants, Plaintiff litigation attorney Partnership dispute, breach fiduciary duty litigation attorney
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.
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