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?

March 26, 2020 By Law Firm

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?

February 25, 2020 By Law Firm

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.

How is Child Support Determined in Plainfield/Will County Illinois

April 3, 2018 By Law Firm

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.

DUI Defense In Plainfield Illinois

April 3, 2018 By Law Firm

DUI Defenses in Illinois

Driving under the influence (DUI) can be a misdemeanor or felony in Plainfield Illinois. A conviction can have devastating consequences in your life; there are fines, license suspensions, and even jail time at stake. You need an experienced Plainfield DUI lawyer to navigate this difficult time in your life. Fighting a DUI charge can be tough, but there are options and defenses available to you.

Lack of Probable Cause

In order for a police officer to stop you, even for a minor traffic violation, the officer needs to have probable cause to pull you over. The Fourth Amendment of the United States Constitution requires probable cause, and if there is none, the stop itself is illegal. Therefore, any evidence that was gathered or obtained during the stop is inadmissible in a court of law.

Probable cause means that an officer must have a legitimate reason to stop your vehicle. In the case of traffic stops, this means running a stop sign or red light. If an officer is stopping you because he or she thinks you are driving under the influence, the officer can stop you because you are swerving or driving erratically, or any of the other common indicators that someone is driving under the influence.

If you are trying to challenge the validity of the traffic stop, it will be tough. There are a variety of reasons, some even miniscule, that allow a police officer to stop your vehicle. It is likely that your case would be dismissed if you are able to show that there was no probable cause to conduct the traffic stop.

Lack of Basis for Arrest

As stated above, it will be difficult to get a case dismissed through lack of probable cause. Another option is that there was no basis for the arrest to have been made in the first place. To do this, you need to prove that there was no evidence of a DUI to arrest you.

One way to challenge the arrest is by showing that there are other reasons you might only appear to be intoxicated. Evidence of a DUI often comes through failing field sobriety tests. If there are other reasons you failed the sobriety tests, this could be a basis to challenge the arrest.

Additionally, you might be able to challenge the arresting officer’s report after a DUI. You would need to show that the report did not accurately portray what happened.

Improper Field Sobriety Tests

Officers conduct field sobriety tests to determine whether someone is driving under the influence. If these tests were administered incorrectly, there may be grounds for dismissal of your charge. Improper breathalyzer test administration or not following directions when conducting a field sobriety test can be challenged. There are three field sobriety tests that can be administered in Illinois – horizontal gaze nystagmus, the walk-and-turn, and the one-legged stand.

If you have been charged with a DUI, the experienced Joliet DUI attorneys at Hamilton & Antonsen, Ltd. can help you. We consider each and every defense and approach to your case in order to get you the best outcome. Contact us today.

What is the process for Filing for Divorce in Will County?

July 31, 2015 By Law Firm

Divorce proceedings for Joliet, Plainfield, and Will County residents can be a complicated process. You should consult with a lawyer in order to ensure all of your interests are fully protected. Additionally, having knowledge about divorce proceedings can help you understand what is happening.

You may wish to obtain a divorce (also known as a dissolution of marriage) on various grounds, such as: mental, physical cruelty or abuse, and, drug or alcohol abuse. You may also justify a divorce for irreconcilable differences if you have lived separately from your spouse for more than 2 years, or, if you and your spouse both agree to the divorce and lived separately for at least 6 months. Additionally, to obtain a divorce for irreconcilable differences you must claim that you and your spouse have attempted to save the marriage, but it can’t be saved.

The first step in divorce proceedings is filing a Petition for the Dissolution of Marriage in Will County, Illinois. This is asking the court to hear the issue of your divorce and requests that the marriage be ended. Next, your spouse must be notified of the divorce proceedings against him/her. This is done through a summons that is served by the Sherriff’s department, or your spouse may waive service. Once served with the divorce papers your spouse has 30 days to file a response to your action. You can then ask for a hearing date to be set.