Read Frequently Asked Legal Questions in McHenry, IL, McHenry County and Surrounding Areas
Q. Are your initial consultations free?
A. Yes, always. There is never a fee to discuss whatever type of legal matter you have.
Q. My work schedule is crazy. Do you have evening hours?
A. Yes, you can always bring the kids, we don’t mind at all and my office is very kid friendly.
Q. I’ve heard that if I file for Bankruptcy, my credit will be ruined for 10 years.
A. NO. Not even close. Your credit after a Bankruptcy will improve. Many of my clients obtain a mortgage in as little as 3 years after a Bankruptcy.
Q. If I wipe out my debts in a Chapter 7 case, will I have to pay taxes on the amount forgiven?
A. No. A bankruptcy discharge specifically exempts you from being liable for any debt forgiveness liability.
Q. I want to file a Chapter 7 case and get rid of my credit cards and medical bills. Will I lose my house or car, and what about my 401(k)?
A. No. In the vast majority of cases, Chapter 7 debtors don’t lose a thing. I don’t file a Chapter 7 case if someone is going to lose their house or car unless they want to. You cannot lose your 401(k), it is 100% protected.
Q. I want to keep my home but it’s in foreclosure and the foreclosure sales is only a few weeks away. Is it too late to save my house? I got behind on payments because I lost my job but I’ve gotten a new one and can now afford the payments but the mortgage company won’t work with me.
A. No, it’s not too late! A Chapter 13 Bankruptcy is designed for your situation. It will stop the foreclosure, allow you to pay what you are behind on in as long as 5 years, and save your house. It can also consolidate your other debt into a much more manageable payment.
Q. Basically, all of our debt is in my name and really nothing is in my wife’s name. Does she have to file with me? If not, will my bankruptcy effect her credit?
A. No. It is very common for one spouse to file while the other does not. Bankruptcy cases are attributed to social security numbers and not names so your bankruptcy will not affect your spouse’s credit.
Q. How long have you been representing people who need to file a bankruptcy?
A. I represented my first bankruptcy client all the way back in 1986, and have been handling bankruptcy cases day in and day out ever since.
Q. I was injured at work. If I file a Workman’s Comp. Claim, won’t they fire me?
A. Employers are prohibited for firing you for filing a Workman’s Comp. Claim.
Q. I work at a small company but was pretty badly hurt. I need compensation but I don’t want to sue my employer.
A. When you file a Workman’s Comp. Claim, you are not suing your employer. You are applying for an adjustment of your claim from your employers insurance company..
Q. What are my out of pocket expenses in a Workman’s Comp. Claim?
A. There are none! You will never be asked to pay nay fees or expenses. Attorneys’s Fees are on a contingent fee basis and all costs advanced by us are paid out in a settlement.
Q. But what if I don’t receive anything?
A. Then there are no other fees or costs that you have to pay.
Q. What is a contingent fee?
A. The contingent fee in Workman’s Comp. Claim is governed by stature and is 20% of what is recovered.
Q. How much time do I have to file a Workman’s Comp. Claim after my injury?
A. Generally speaking, you have three years from the date of the accident to file a Workman’s Comp. Claim. However, there are some limited circumstances that may extend that time period.
Q. I was recently hurt in a car accident that wasn’t my fault. The insurance company of the guy who hit me wants to take my recorded statement. They keep calling me. Should I give them a statement?
A. No, Never. They want you to tell them things about you that they will us against you. DO NOT speak to them. Call me A.S.A.P.
Q. I want to sell my house and buy another. If you charge by the hour that could get really expensive. How do your fees work?
A. Real Estate transactions are charged on a flat fee basis. My fee for a buy or sell is only $350.00.
Q. I’ll be selling my house soon, but my work schedule is such that I really can’t be at the closing. Do I have to be there, can you handle it without me being there?
A. Yes. You can pre-sign the closing documents at my office and you will not have to be at the closing. Please note that this applies to Sellers only. Buyers who are obtaining a mortgage to buy a home need to be present at the closing.
Q. I received a speeding ticker but can’t take time off to work to go to court. Can you take care of my case without me being there?
A. Yes! In traffic offenses that are not misdemeanors . I can prepare an affidavit for you to sign and I can handle your case without you being in court.
Q. I have a Commercial Drivers License. Pleading guilty to moving violations can affect my CDL and my ability to make a living. Can you protect my CDL?
A. Yes! In the vast majority of cases I can convince the prosecutor to amend the charge to a non-moving offense which will save your CDL and you job.
Q. My teenage son got a city ordinance ticket for underage drinking. Does he need a lawyer?
A. Definitely, yes. Any type of disposition of this ticket, even a supervision, will result in the suspension of his drivers license. Even if he was nowhere near a vehicle! I can keep him from losing his driving privileges so you won’t have to drive to school, work, etc.
Q. The police called me and want me to come in and talk to them about some crime they think I did. I didn’t have anything to do with it. Should I talk to them?
A. Not until you talk to a lawyer first.
Q. I’ve been charged with a felony. Nothing serious, but a felony nonetheless. I know a felony will really hurt my future. Is there a way to avoid a felony conviction?
A. There can be. In many cases I can convince the prosecutor that the fairest punishment is a misdemeanor rather than a felony.
Q. Four years ago, I got a supervision on a misdemeanor trespassing charge. Can I get it expunged from my record?
A. Yes. Most misdemeanors where supervision was the sentence are expungeable after two years. All of the arrest records are cleared and there is no record of the offense against you.