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I am behind on my credit card payments and am now being sued by the credit card company for more than I owe. What should I do?

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Being behind on your credit card payments is stressful enough, so what happens when you add a lawsuit on top of that? Unfortunately, credit card companies have a right to sue for failure to make payments, so Illinois residents should be aware of what to expect when a lawsuit is brought against them. Individuals residing in Joliet, Plainfield, and other areas of Will or Grundy County, are encouraged to consult an attorney to defend against liability on their behalf.

 

Credit card companies often sue individuals behind on their payments in hopes that a judge will order them to pay. Failure to make timely payments often leads the company’s collections department to add fees, penalties, and interest to the balance owed. If a credit card company files a lawsuit against you, they must notify you of the claim and you must take immediate action. Once you receive notice, you can attempt to stop the lawsuit by contacting the creditor to see if they are willing to settle your case to avoid going to court. If the creditor is not willing to settle, or if you cannot afford to settle, you may consider contacting an experienced bankruptcy attorney to determine whether filing for bankruptcy is your best option.

 

The next step you should take is to respond to the summons, the document containing notice of the lawsuit. You must file a timely response, an answer, on your own, or through an attorney, within 30 days from the date you received notice. You must also show up to court. Failure to do either of those things, may result in a default judgment entered against you. When you appear in court, you should request proof of the amount of money the credit card company claims you owe because it is their duty to prove that you owe them that money. After appearing in court, you will need to follow the proceedings until a judgment is entered. The judgment will be determined based on the evidence the creditor has against you and whether you show up to court.

 

Receiving notice that you are being sued can be alarming. If you reside in Joliet, Plainfield, or elsewhere in Will County, Illinois, and are being sued by your credit card company, or fear that you will be sued, do not ignore the issue. Instead, contact an experienced attorney at Hamilton & Antonsen, Ltd. at 815.729.9220 for a complimentary consultation.

What happens if a minor receives a speeding ticket? Will their license be suspended?

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If you are a minor (under the age of 21), or know a minor who resides in Joliet, Plainfield, Will County, or the surrounding areas, you may already be aware that the State of Illinois has penalties in place for anyone who receives a traffic citation. However, what you may not know is that more stringent penalties have been put in place for anyone who receives a traffic citation under the age of 21.

It is important for young drivers to be aware that they risk the consequence of having their license suspended if they receive a speeding ticket. If a driver under the age of 21 receives two convictions within one year time period, they can have their license suspended. So if a minor receives two tickets that were part of the same traffic stop, their license can be suspended. Likewise, if a minor receives two tickets issued on separate occasions, but still within the one year time period, their license can also be suspended.

Joliet, Plainfield, and other Will County residents should be aware that according to the Illinois Rules of the Road, if a driver under the age of 21 is convicted of two or more moving violations, including speeding, within a 12 month time period, their license can be suspended for a minimum of 30 days, depending on the seriousness of the traffic offenses. In some cases, a driver may be required to complete a driver remedial education course in order to reinstate their driving privileges. In other cases, a suspended driver may be eligible for a Restricted Driving Permit during their suspension period, but this is not guaranteed.

If you, or an individual you know, is a minor who has been ticketed for speeding in Joliet, Plainfield, Will County, or the surrounding areas, and would like to discuss your situation with an experienced attorney, please contact us at Hamilton & Antonsen, Ltd. at 815.729-9220.

Aggravated Speeding in Plainfield Illinois

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How Serious is Aggravated Speeding?

It can be scary to see the red and white lights of a cop car in your rear view mirror. The lights are an indication that you have done something wrong and that may lead to unwanted consequences. A lot of people will admit to driving above the speed limit, thinking there is little harm if they were driving a mere five or 10 miles per hour over the limit. Speeding can lead to crashes and serious injuries, however. In Illinois, there are different consequences depending on how fast you were speeding. The most severe level of speeding is referred to as aggravated speeding in Illinois.

Aggravated speeding is when a driver is driving 26 miles per hour or more over the posted limit. A person who is driving at least 26 miles per hour, but under 35 miles per hour, over the limit is guilty of a Class B misdemeanor. If a driver is driving over 35 miles per hour of the posted limit, this is considered a Class A Misdemeanor. Class B misdemeanors carry the potential for six months in jail, fines up to $1,500, and court costs. Class A misdemeanors carry the potential for up to 364 days in jail, fines up to $2,500, and court costs. Depending on your traffic record, there could also be the possibility of suspension or revocation of your license. Your insurance rates will also increase if you are charged with aggravated speeding.

There are serious consequences for being convicted of aggravated speeding. Each time that you are charged with a traffic violation, points are added to your driver’s record via the Illinois Point System. The number of points that you have affect whether your license will be suspended.

 

  • 1-10 miles per hour over the speed limit = 5 points
  • 11-14 miles per hour over the speed limit = 15 points
  • 15 – 25 miles per hour over the speed limit = 20 points
  • Over 25 miles per hour over the speed limit = 50 points.

These points directly correlate to the length of suspension you receive. Points are also added for other minor traffic violations, such as failing to obey a traffic light. You are not in danger of suspension until you reach 15 or more points.

 

  • 15 – 44 points results in a suspension of two months
  • 45 – 74 points results in a suspension of three months
  • 75 – 89 points results in a suspension of six months
  • 90 – 99 points results in a suspension of nine months
  • 100 or more points results in a suspension of 12 months.

Points will remain on an individual’s driving record for up to seven years if the addition of the points resulted in suspension of you license. Points will only stay on your record for four to five years for lesser offenses, like failing to obey a traffic light.

Some people do not think that a traffic ticket is a big deal, but that is not true. Any violation on your record can impact your driving future. The Joliet traffic attorneys can want to help you avoid any unwanted consequences of your traffic violation. Contact us today to find out how we can help you with your traffic ticket.

What Should I Bring To A Plainfield Real Estate Closing?

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What Should I Bring to a Real Estate Closing?

Buying a home or any piece of real estate is exciting. After weeks, months, or even years of looking around, you have finally found the perfect property to suit your needs. After finding the perfect piece of property, getting your finances in order, and tying up other loose ends, you will be ready to “close” the sale. You will need to bring a whole host of items with you to the closing. Every transaction will be slightly different, but there will be certain items required at every closing.

Interested Parties

 

The most obvious person that needs to be present is you, the buyer. You need to be present to sign all requisite documents In addition to you, any co-borrowers need to be present. Lastly, your spouse or partner of a civil union might need to be present. In Illinois, a spouse or partner has homestead rights in real estate that is going to be a primary residence. The seller, or lender, will want the partner or spouse there to waive those rights.

If you are unable to attend the closing, you may be able to sign a power of attorney to another. This must be approved far in advance of the closing. It is up to the buyer to draft a power of attorney, and it is not something that can be done in the spur of the moment.

Money

 

Usually, you will need to bring money for a closing. The title company will provide the amount due to the real estate closing attorney the day before the closing. In Illinois, the Good Funds law establishes what form the money must be in. If the amount owed is over $50,000, the money must be wired, but if the amount owed is less than $50,000, a cashier’s check or certified check is acceptable. It is good practice to bring your personal checkbook to the closing, too. If there is a small change to the closing costs, the title company might allow you to write a personal check to make up the difference.

Insurance Information

 

The lender and title company will want to see that you have insurance for the property you are purchasing. Bringing the declaration of insurance page and proof of payment is necessary. If you will be paying for the insurance at the closing, you will need an invoice, rather than proof of payment. Never assume that the lender has all the documents that you need and bring the documents you have in your possession; you do not want anything to go wrong at closing.

Miscellaneous Items

 

In addition to the items mentioned above, you will need to bring a government ID. There may also be other paperwork that is required by the lender at the closing. The lender should tell you what you will need to bring with you. If they do not, you should contact them so that nothing delays your closing.

The Joliet real estate attorneys at Hamilton and Antonsen, Ltd want to help you with your real estate closing. Contact us today to find out how.

 

 

How is Child Support Determined in Plainfield/Will County Illinois

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How is Child Support Determined in Illinois?

Going through a divorce is tough, but it can be even tougher when there are children involved. There are many more considerations to take into account when divorcing with minor children. When a divorcing couple has a child, there will need to be a custody agreement between the parties. The parties can agree to an arrangement, if they are able to come to an agreement. If no mutual agreement can be reached, the court will determine what the appropriate custody arrangement is. Depending on the custody arrangement, one spouse will likely owe child support to the spouse with the greater amount of custody.

The calculation of child support in Illinois changed as of July 1, 2017. Prior to the change, child support was calculated based off a percentage of the net income of a parent making the payment. The percentage was a set amount, depending on the number of children the payment would be supporting. However, in an effort to make child support payments more fair and consistent, Illinois changed the procedure for calculating child support.

 

In Illinois, there is now a three-step approach to calculating the amount of child support that a person owes.

 

  • Calculate the net income of both parents. Instead of relying solely on the income of the spouse making the payment, both parents’ income will be considered in determining the payment amount.
  • Determine the average amount spent on supporting children. Illinois Healthcare and Family Services (HFS) publishes a chart that combines that the parents’ net income and makes an estimate of what the cost is to support a child.
  • Determine each parent’s respective share. Each parent is responsible for the percent of the estimated amount of support required, proportionate to the percentage of income they contribute to the total net income of both parents.

 

The person who spends the majority of the time receives payment from the other parent in the amount established by the steps above.

Other Considerations of the New Law

 

This modification to the Illinois child support statute was passed to make sure that child support payments are fair to both parties. The aim is to consider the income of each party so that everyone is in the best position to care for and supply support to the child.

In addition to taking into account both parents’ income in determining child support payments, there are other consequences of the change in law. The chart published by FHS takes into account the changes in net income that can happen. The chart takes into account that an increase in net income would result in a decrease in the percentage of net income that is paid in child support.

If you have questions about child support payments and your obligations to pay, contact Hamilton & Antonsen, Ltd. The experienced Joliet family law attorneys can answer your questions and explain the options available to you. If needed, we can perform any work needed to change your child support payment or modify custody agreements. Contact us today to find out how we can help.