Debt Settlement And Bankruptcy
Summary
In Illinois, threatening bankruptcy may encourage debt collectors to settle for a lower amount. Delaying a case for 18 months is complex and depends on court schedules. Requesting a jury trial can extend the case, but its not guaranteed. Your wages generally cannot be garnished for your spouses debt unless its joint. You cannot speak for your wife in court unless youre her attorney. Debt collectors typically settle for 20-50% of the owed amount. Medical issues may lead to more favorable settlements. Illinois offers a $2,400 vehicle exemption and a $4,000 wildcard exemption. You can appeal a judges denial of a jury trial, but the process can be lengthy. A default judgment may include attorney fees. Consult a local attorney for personalized advice.Full Conversation
My wife has a case with a debt collector for 27k in Illinois. We are trying to either A settle for *-*% or B file bankruptcy. Will threatening bankruptcy make them more likely to settle? Can we delay this 18 months? Can we ask for a jury trail to delay it longer? Can they garnish my wages as her husband? Can I speak at court? We are in cook county Illinois.
Hi ****! Here are some general tips for your situation in Illinois:
- Threatening Bankruptcy: This can sometimes lead to a more favorable settlement as creditors may prefer settlement over potential bankruptcy losses.
- Delay: Delaying a case for 18 months is complicated and depends on the court's schedule and reasons for delays.
- Jury Trial: Requesting a jury trial can prolong the case, but it's not guaranteed and depends on the specifics.
- Garnishment: In Illinois, your wages generally cannot be garnished for your spouse's debt unless it's a joint debt.
- Speaking in Court: You generally cannot speak for your wife unless you are her attorney.
Would you like to connect with a local lawyer for more detailed assistance?
- Threatening Bankruptcy: This can sometimes lead to a more favorable settlement as creditors may prefer settlement over potential bankruptcy losses.
- Delay: Delaying a case for 18 months is complicated and depends on the court's schedule and reasons for delays.
- Jury Trial: Requesting a jury trial can prolong the case, but it's not guaranteed and depends on the specifics.
- Garnishment: In Illinois, your wages generally cannot be garnished for your spouse's debt unless it's a joint debt.
- Speaking in Court: You generally cannot speak for your wife unless you are her attorney.
Would you like to connect with a local lawyer for more detailed assistance?
What do debt collectors normally settle for? If it’s let’s say *% we will pay it right away. If they settle for *% with a *% down payment and * monthly payments?
Debt collectors typically settle for *-*% of the owed amount, depending on the circumstances. Offering *% can be accepted, but it often depends on the debt collector's policies and your negotiation skills. They may also accept a *% settlement with a payment plan. Would you like to connect with a local lawyer for detailed negotiation assistance?
Will they be likely to settle If spouse has medical issues or the reason the debt default was due to spouses cancer?
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Medical issues, such as cancer, can sometimes lead debt collectors to be more sympathetic and willing to settle for a lower amount. However, it's not guaranteed and varies by the debt collector.
Would you like to connect with local lawyers who can better assist you with your case?
Medical issues, such as cancer, can sometimes lead debt collectors to be more sympathetic and willing to settle for a lower amount. However, it's not guaranteed and varies by the debt collector.
Would you like to connect with local lawyers who can better assist you with your case?
Would my son having autism be something that they would consider? We owe a vehicle worth about 7k but it is our only vehicle and it’s in my wives name can they take that even if it’s used to take my son to medical appointments
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Debt collectors may consider personal hardships like your son's autism, but it's not guaranteed. Regarding the vehicle, Illinois allows an exemption for a vehicle up to $*,* in value. Since it's used for medical appointments, it might be worth discussing with a lawyer for specific exemptions.
Would you like to connect with local lawyers who can better assist you with your case?
Debt collectors may consider personal hardships like your son's autism, but it's not guaranteed. Regarding the vehicle, Illinois allows an exemption for a vehicle up to $*,* in value. Since it's used for medical appointments, it might be worth discussing with a lawyer for specific exemptions.
Would you like to connect with local lawyers who can better assist you with your case?
Isn’t there a general exemption also of like *
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In Illinois, there is a "wildcard" exemption that can be applied to any property, including a vehicle. This exemption is up to $*,*. So, you can combine this with the vehicle exemption to protect more of the vehicle's value.
Would you like more detailed assistance from a local lawyer regarding these exemptions and your options?
In Illinois, there is a "wildcard" exemption that can be applied to any property, including a vehicle. This exemption is up to $*,*. So, you can combine this with the vehicle exemption to protect more of the vehicle's value.
Would you like more detailed assistance from a local lawyer regarding these exemptions and your options?
Any other wild cards
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In Illinois, besides the $*,* wildcard exemption and the $*,* vehicle exemption, there is also a $*,* homestead exemption for your primary residence. You might want to consult a local lawyer to understand how these exemptions can be best applied in your situation.
In Illinois, besides the $*,* wildcard exemption and the $*,* vehicle exemption, there is also a $*,* homestead exemption for your primary residence. You might want to consult a local lawyer to understand how these exemptions can be best applied in your situation.
So with wildcard it be * if my car is worth * can they take it? If it’s worth * then it’s safe?
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If your vehicle is worth $*,*, the combined exemptions ($*,* wildcard + $*,* vehicle) would fully protect it. However, if it's worth $*,*, the exemptions would not cover the full amount, making the remaining $* potentially vulnerable.
Would you like to connect with a local lawyer for detailed assistance on this matter?
If your vehicle is worth $*,*, the combined exemptions ($*,* wildcard + $*,* vehicle) would fully protect it. However, if it's worth $*,*, the exemptions would not cover the full amount, making the remaining $* potentially vulnerable.
Would you like to connect with a local lawyer for detailed assistance on this matter?
How would you take $* worth not exempt
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If your vehicle's value exceeds the combined exemptions, the remaining $* could potentially be considered non-exempt. Here are some possibilities:
- The creditor could request a court order to seize the vehicle and sell it.
- You may need to pay the creditor the non-exempt amount to keep the vehicle.
Would you like more detailed assistance from a local lawyer regarding this issue?
If your vehicle's value exceeds the combined exemptions, the remaining $* could potentially be considered non-exempt. Here are some possibilities:
- The creditor could request a court order to seize the vehicle and sell it.
- You may need to pay the creditor the non-exempt amount to keep the vehicle.
Would you like more detailed assistance from a local lawyer regarding this issue?
Who determines the vehicle
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Hi ****, the determination of a vehicle's value is typically done through an appraisal. This can involve:
- A professional appraisal by a certified appraiser.
- Comparing similar vehicle values in the market.
- Using online tools like Kelley Blue Book.
Would you like more information on how to proceed with this?
Hi ****, the determination of a vehicle's value is typically done through an appraisal. This can involve:
- A professional appraisal by a certified appraiser.
- Comparing similar vehicle values in the market.
- Using online tools like Kelley Blue Book.
Would you like more information on how to proceed with this?
Who gets to decide who does the appreasel?
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In Illinois, here’s how the appraisal process typically works:
- Agreement: Both parties can agree on a specific appraiser.
- Court Appointment: If there’s no agreement, the court may appoint an appraiser.
- Standard Practices: Following standard practices like using Kelley Blue Book.
Would you like more detailed information on how to handle this situation?
In Illinois, here’s how the appraisal process typically works:
- Agreement: Both parties can agree on a specific appraiser.
- Court Appointment: If there’s no agreement, the court may appoint an appraiser.
- Standard Practices: Following standard practices like using Kelley Blue Book.
Would you like more detailed information on how to handle this situation?
Will a judgement effect my wife getting a job as a teacher?
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A judgment can affect your wife's ability to get a job as a teacher, especially if the school district performs a background check that includes financial records. Some employers may view financial instability negatively, but this varies by employer.
Would you like more detailed information on how to handle this situation?
A judgment can affect your wife's ability to get a job as a teacher, especially if the school district performs a background check that includes financial records. Some employers may view financial instability negatively, but this varies by employer.
Would you like more detailed information on how to handle this situation?
Our court date is April 15th and I have * scans one in May and another in June for my yearly cancer update. Can we ask the judge for a continuance until late June to see the results with it determining if we be filling bankruptcy
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You can request a continuance from the judge, explaining your medical situation and the importance of the scans in determining your financial options. Here are some points to consider:
- File a motion for continuance explaining the medical necessity.
- Provide medical documentation to support your request.
Would you like more detailed information on how to file a motion for continuance?
You can request a continuance from the judge, explaining your medical situation and the importance of the scans in determining your financial options. Here are some points to consider:
- File a motion for continuance explaining the medical necessity.
- Provide medical documentation to support your request.
Would you like more detailed information on how to file a motion for continuance?
Well we have the court date the 15th we were just going to ask then.
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You can request a continuance directly to the judge on the court date, explaining your medical situation and why it's crucial to have the results before proceeding. Be sure to bring any medical documentation to support your request.
Would you like any further information or assistance with preparing for the court date?
You can request a continuance directly to the judge on the court date, explaining your medical situation and why it's crucial to have the results before proceeding. Be sure to bring any medical documentation to support your request.
Would you like any further information or assistance with preparing for the court date?
It’s on zoom?
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Yes, court hearings can be conducted on Zoom. Check the court's website or contact the court for specific instructions on joining the Zoom hearing.
Would you like any further assistance with your case?
Yes, court hearings can be conducted on Zoom. Check the court's website or contact the court for specific instructions on joining the Zoom hearing.
Would you like any further assistance with your case?
No I’m saying ours is how would I give him the documents
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For a Zoom hearing, you can submit documents electronically. Here’s how you can do it:
- Check Court Rules: Each court has specific guidelines for submitting documents electronically. Check the Cook County court’s website for detailed instructions.
- Email Submission: Some courts allow submission via email. Ensure you have the correct email address and follow all formatting rules.
- Court Portal: Use the court's electronic filing system (e.g., eFileIL) to submit documents.
Would you like more detailed information on how to submit documents electronically?
For a Zoom hearing, you can submit documents electronically. Here’s how you can do it:
- Check Court Rules: Each court has specific guidelines for submitting documents electronically. Check the Cook County court’s website for detailed instructions.
- Email Submission: Some courts allow submission via email. Ensure you have the correct email address and follow all formatting rules.
- Court Portal: Use the court's electronic filing system (e.g., eFileIL) to submit documents.
Would you like more detailed information on how to submit documents electronically?
Last year our income as a family of * was 51k do we qualify for assistance for an attorney? We are in cook county Illinois
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In Cook County, Illinois, you may qualify for free or low-cost legal assistance based on your income and family size. Legal aid organizations can help with such cases. Contact the Legal Aid Society of Metropolitan Family Services or CARPLS Legal Aid for assistance.
Would you like more information on how to contact these organizations?
In Cook County, Illinois, you may qualify for free or low-cost legal assistance based on your income and family size. Legal aid organizations can help with such cases. Contact the Legal Aid Society of Metropolitan Family Services or CARPLS Legal Aid for assistance.
Would you like more information on how to contact these organizations?
Yes
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Here are the contact details for some legal aid organizations in Cook County, Illinois that can help with your situation:
Phone: (*) *-*
Website: [metropolitanfamily.org](https://www.metrofamily.org/legal-aid-society/)
Phone: (*) *-*
Website: [carpls.org](https://www.carpls.org/)
Would you need any more assistance with your case?
Here are the contact details for some legal aid organizations in Cook County, Illinois that can help with your situation:
Legal Aid Society of Metropolitan Family Services
Phone: (*) *-*
Website: [metropolitanfamily.org](https://www.metrofamily.org/legal-aid-society/)
CARPLS Legal Aid
Phone: (*) *-*
Website: [carpls.org](https://www.carpls.org/)
Would you need any more assistance with your case?
The judge hasn’t set a date for trial yet. If we continue the case until late June at the next court hearing if we have been back and forth negotiating will be most likely continue it for more negotiations until let’s say Aug 25th and at that date we still hadn’t settle would be set a date for trial?
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The likelihood of the judge setting a trial date if negotiations continue past late June depends on the judge’s discretion and the specifics of the case. Courts typically aim to encourage settlements but may set a trial date if progress stalls.
Do you have any other questions about the negotiation process or court proceedings?
The likelihood of the judge setting a trial date if negotiations continue past late June depends on the judge’s discretion and the specifics of the case. Courts typically aim to encourage settlements but may set a trial date if progress stalls.
Do you have any other questions about the negotiation process or court proceedings?
Yes with the amount being 27k can we ask for trial by jury?
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In Illinois, you can request a jury trial in civil cases, including debt collection cases. However, the specifics might depend on the nature of the debt and the court's rules. It's often beneficial to consult with a lawyer to understand your options fully.
Do you have any other questions relating to your case?
In Illinois, you can request a jury trial in civil cases, including debt collection cases. However, the specifics might depend on the nature of the debt and the court's rules. It's often beneficial to consult with a lawyer to understand your options fully.
Do you have any other questions relating to your case?
The debt is from a unsecured personal loan
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General Legal Information:
- Jury Trial: You can request a jury trial in civil cases, including debt collection cases, but it's at the court's discretion.
- Debt Settlement: Debt collectors generally settle for *-*% of the owed amount, depending on negotiation skills and specific circumstances.
- Vehicle Exemption: In Illinois, a $*,* vehicle exemption and a $*,* wildcard exemption can help protect your vehicle from seizure.
Would you like more detailed information or assistance with any specific aspect of your case?
- Jury Trial: You can request a jury trial in civil cases, including debt collection cases, but it's at the court's discretion.
- Debt Settlement: Debt collectors generally settle for *-*% of the owed amount, depending on negotiation skills and specific circumstances.
- Vehicle Exemption: In Illinois, a $*,* vehicle exemption and a $*,* wildcard exemption can help protect your vehicle from seizure.
Would you like more detailed information or assistance with any specific aspect of your case?
So I don’t have a right in Illinois to Jury trial? Why and what law would be used to justify no trial
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In Illinois, you generally have the right to request a jury trial in civil cases, including debt collection cases. However, the court has the discretion to grant or deny your request based on the specifics of the case and applicable laws. Here’s some relevant information:
- Under the Illinois Constitution, the right to a jury trial in civil cases is preserved, but specific rules and exceptions apply.
- The Illinois Code of Civil Procedure outlines the conditions and process for requesting a jury trial.
Would you like more detailed information on how to request a jury trial in your case?
In Illinois, you generally have the right to request a jury trial in civil cases, including debt collection cases. However, the court has the discretion to grant or deny your request based on the specifics of the case and applicable laws. Here’s some relevant information:
- Under the Illinois Constitution, the right to a jury trial in civil cases is preserved, but specific rules and exceptions apply.
- The Illinois Code of Civil Procedure outlines the conditions and process for requesting a jury trial.
Would you like more detailed information on how to request a jury trial in your case?
Why? Why would he decline our request
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There could be various factors why a judge might decline a request for a jury trial in a debt collection case, such as:
- Specific court rules or procedures.
- The nature and complexity of the case.
- Concerns about court resources and efficiency.
Would you like more detailed information on how to request a jury trial in your case?
There could be various factors why a judge might decline a request for a jury trial in a debt collection case, such as:
- Specific court rules or procedures.
- The nature and complexity of the case.
- Concerns about court resources and efficiency.
Would you like more detailed information on how to request a jury trial in your case?
What are explains if those rules and procedures
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In Illinois, the right to a jury trial in civil cases is outlined in the Illinois Code of Civil Procedure. However, a judge may decline a request based on:
- Complexity of the case
- Efficiency concerns
- Specific court rules
Would you like more detailed information on how to request a jury trial, or do you have other questions about your case?
In Illinois, the right to a jury trial in civil cases is outlined in the Illinois Code of Civil Procedure. However, a judge may decline a request based on:
- Complexity of the case
- Efficiency concerns
- Specific court rules
Would you like more detailed information on how to request a jury trial, or do you have other questions about your case?
What are examples of these court rules?
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In Illinois, here are some examples of court rules and procedures regarding jury trials in civil cases:
- Illinois Code of Civil Procedure: This outlines the conditions for requesting a jury trial.
- Local Court Rules: Each court may have specific rules on how and when a jury trial can be requested.
- Pre-Trial Motions: Judges may evaluate motions that can influence whether a jury trial is granted.
Would you like more detailed information on how to request a jury trial in your specific case?
In Illinois, here are some examples of court rules and procedures regarding jury trials in civil cases:
- Illinois Code of Civil Procedure: This outlines the conditions for requesting a jury trial.
- Local Court Rules: Each court may have specific rules on how and when a jury trial can be requested.
- Pre-Trial Motions: Judges may evaluate motions that can influence whether a jury trial is granted.
Would you like more detailed information on how to request a jury trial in your specific case?
So you don’t technically have a right to request a jury trial
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In Illinois, you do have the right to request a jury trial in civil cases, including debt collection cases, but the court has the discretion to approve or deny it. Here are some points to keep in mind:
- The Illinois Code of Civil Procedure allows for jury trials in civil cases.
- Local court rules may have specific guidelines.
- The judge will consider the complexity and efficiency of the case.
Do you have any other questions about your case?
In Illinois, you do have the right to request a jury trial in civil cases, including debt collection cases, but the court has the discretion to approve or deny it. Here are some points to keep in mind:
- The Illinois Code of Civil Procedure allows for jury trials in civil cases.
- Local court rules may have specific guidelines.
- The judge will consider the complexity and efficiency of the case.
Do you have any other questions about your case?
A judge can’t deny one for a crime tho right?
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For criminal cases, the right to a jury trial is typically protected under both the U.S. Constitution and the Illinois Constitution. This right is fundamental and generally cannot be denied by a judge.
Do you have any other questions about jury trials or your legal situation?
For criminal cases, the right to a jury trial is typically protected under both the U.S. Constitution and the Illinois Constitution. This right is fundamental and generally cannot be denied by a judge.
Do you have any other questions about jury trials or your legal situation?
For my case could I appeal the judges denial?
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You can appeal a judge's denial of a jury trial in Illinois, but the success of the appeal depends on the specifics of the case and the reasons for the denial. Here are some points:
- File a motion for reconsideration with the trial court.
- If denied, you can appeal to a higher court.
Would you like more information on how to file an appeal?
You can appeal a judge's denial of a jury trial in Illinois, but the success of the appeal depends on the specifics of the case and the reasons for the denial. Here are some points:
- File a motion for reconsideration with the trial court.
- If denied, you can appeal to a higher court.
Would you like more information on how to file an appeal?
How long would a appeal take?
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Appeals in Illinois can vary in duration, typically taking anywhere from several months to over a year, depending on the complexity of the case and court schedules.
Would you like more detailed information on the appeals process?
Appeals in Illinois can vary in duration, typically taking anywhere from several months to over a year, depending on the complexity of the case and court schedules.
Would you like more detailed information on the appeals process?
In my car
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Hi ****! It seems like you've got a lot on your plate with the debt collection case. To ensure you're getting the best advice and assistance, here are some general tips:
- Requesting a Jury Trial: You can request a jury trial in civil cases in Illinois, including debt collection cases, under the Illinois Code of Civil Procedure.
- Appealing a Denial: You can appeal a judge's denial, but it can be a lengthy process.
Would you like to connect with a local lawyer who can provide more detailed assistance with your case?
Hi ****! It seems like you've got a lot on your plate with the debt collection case. To ensure you're getting the best advice and assistance, here are some general tips:
- Requesting a Jury Trial: You can request a jury trial in civil cases in Illinois, including debt collection cases, under the Illinois Code of Civil Procedure.
- Appealing a Denial: You can appeal a judge's denial, but it can be a lengthy process.
Would you like to connect with a local lawyer who can provide more detailed assistance with your case?
Case
Case Rating: *
In Illinois, the debt collector may consider settling for a lower amount due to your wife's medical issues and your son's autism. Here are some general points to keep in mind:
- Vehicle Exemption: In Illinois, you can combine the $*,* vehicle exemption with the $*,* wildcard exemption to protect up to $*,* of your vehicle's value.
- Requesting a Jury Trial: You do have the right to request a jury trial in civil cases, including debt collection cases. However, whether it's granted is up to the court’s discretion.
- Appealing a Denial: If a judge denies your request for a jury trial, you can appeal the decision, but the process can be lengthy.
Would you like more detailed information on how to handle your case or any specific aspect of it?
In Illinois, the debt collector may consider settling for a lower amount due to your wife's medical issues and your son's autism. Here are some general points to keep in mind:
- Vehicle Exemption: In Illinois, you can combine the $*,* vehicle exemption with the $*,* wildcard exemption to protect up to $*,* of your vehicle's value.
- Requesting a Jury Trial: You do have the right to request a jury trial in civil cases, including debt collection cases. However, whether it's granted is up to the court’s discretion.
- Appealing a Denial: If a judge denies your request for a jury trial, you can appeal the decision, but the process can be lengthy.
Would you like more detailed information on how to handle your case or any specific aspect of it?
How many times could I appeal this?
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You can appeal a denial of your request for a jury trial once. If the appeal is denied, further options might be limited and would depend on the specifics of your case and court rules.
Do you have any more questions about the appeal process or any other aspect of your case?
You can appeal a denial of your request for a jury trial once. If the appeal is denied, further options might be limited and would depend on the specifics of your case and court rules.
Do you have any more questions about the appeal process or any other aspect of your case?
Right but how many courts can I appeal to
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You can generally appeal to one higher court after a trial court's decision. In Illinois, the process usually involves:
- Trial Court: Initial decision.
- Appellate Court: First appeal.
- Illinois Supreme Court: Further appeal, if accepted.
Would you like more detailed information on how to file an appeal?
You can generally appeal to one higher court after a trial court's decision. In Illinois, the process usually involves:
- Trial Court: Initial decision.
- Appellate Court: First appeal.
- Illinois Supreme Court: Further appeal, if accepted.
Would you like more detailed information on how to file an appeal?
How long would it take for the Supreme Court to decide to hear the case?
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The Illinois Supreme Court can take several months to decide whether to hear a case after an appeal is filed. The timeline varies based on the complexity of the case and the Court's schedule.
Do you have any other questions about the appeals process or your case?
The Illinois Supreme Court can take several months to decide whether to hear a case after an appeal is filed. The timeline varies based on the complexity of the case and the Court's schedule.
Do you have any other questions about the appeals process or your case?
If a case is decided with a judgment can you appeal?
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Yes, you can appeal a judgment in Illinois. Here are some general points to consider:
- File a notice of appeal within 30 days of the judgment.
- The appellate court will review the case based on the trial court record.
- Grounds for appeal include legal errors or procedural mistakes.
Do you have any other questions about the appeals process or your specific case?
Yes, you can appeal a judgment in Illinois. Here are some general points to consider:
- File a notice of appeal within 30 days of the judgment.
- The appellate court will review the case based on the trial court record.
- Grounds for appeal include legal errors or procedural mistakes.
Do you have any other questions about the appeals process or your specific case?
So they can deny it without you seeing a day in court
Case Rating: *
Hi ****! Unfortunately, yes, a judge can deny a jury trial request based on various factors, such as court rules and the nature of the case. However, you still have options, like appealing the decision.
Would you like more detailed information on how to proceed with your appeal?
Hi ****! Unfortunately, yes, a judge can deny a jury trial request based on various factors, such as court rules and the nature of the case. However, you still have options, like appealing the decision.
Would you like more detailed information on how to proceed with your appeal?
I meant after the default judgment let’s say I appeal in the 29th day will I get a court date for that?
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If you file an appeal on the 29th day after a default judgment, the appellate court will review your case. The court may set a date for a hearing, but the timeline can vary based on the court's schedule.
Would you like more detailed information on the appeals process?
If you file an appeal on the 29th day after a default judgment, the appellate court will review your case. The court may set a date for a hearing, but the timeline can vary based on the court's schedule.
Would you like more detailed information on the appeals process?
May set a date why wouldn’t they set a date?
Case Rating: *
The appellate court may not always set a date for a hearing immediately due to various factors, such as:
- Scheduling backlogs.
- The need to review case records first.
- Deciding if oral arguments are necessary.
Would you like more detailed information on how to prepare for the appeals process or any other aspect of your case?
The appellate court may not always set a date for a hearing immediately due to various factors, such as:
- Scheduling backlogs.
- The need to review case records first.
- Deciding if oral arguments are necessary.
Would you like more detailed information on how to prepare for the appeals process or any other aspect of your case?
If a default judgement is entered will I also owe attorney fees?
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In Illinois, if a default judgment is entered against you, the court may order you to pay the attorney fees of the debt collector, depending on the terms of the contract or agreement that you initially signed and the specific circumstances of your case.
Do you have any other questions regarding this issue?
In Illinois, if a default judgment is entered against you, the court may order you to pay the attorney fees of the debt collector, depending on the terms of the contract or agreement that you initially signed and the specific circumstances of your case.
Do you have any other questions regarding this issue?