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Everything posted by mariaivory

  1. I have spoken to several attorneys. They all wish to mediate. According to each attorney and the judge, there is no defense for not paying assessments. Therefore the only thing that anyone can do for me is to charge me a fee to tell me that I have to pay the association no matter what. Apparently, all the attorneys and the judge believe that an Association or any entity which incorporates itself, is above the law. The building I live in is "Placarded"-- condemned. No one can live in the building and therefore no insurance can be obtained for a condemned building. As there aren't any bills being created because no one is allowed to live in the condemned building, I am still under obligation to pay assessments to an association that is not paying any bills cause none exist. Accordingly, no one seems to care that this is a "constructive eviction". Apparently, an Association is above the law. And while a defense for "constructive eviction" is a defense in the law, apparently it does not apply to an Association. Apparently no laws apply to an Association. I do not need an attorney to tell me how much I owe the Association. The Association has already told me that. And I do not believe that a Condo Association has Carte blanche over all the laws of Illinois. M. Ivory.
  2. Legal Help! I am the defendant. The 'summary judgment' was granted. So the eviction and possession of my condo is granted. Question? I would like to Appeal the judgment to the Appellate Court. Will the judge 'stay' the eviction while it is being appealed.?? M. Ivory
  3. Sir/Madam: I am being evicted from my deeded/owned Condominium. I am the defendant. The Plaintiff and I were given a date to select jury and a date for a jury trial. This was the order of the bench judge on the last hearing date. The Plaintiff has now filed for a "Summary Judgment" before the jury trial and the went to court again, unbeknownst to me and got an order for me (defendant) to answer the Summary Judgment pleading prior to the jury selection and trial. Once the judge had issued the order for a jury trial & given each litigant paper instructions of the required proceedures & exhibits, etc. for the jury trial, how then can the Plaintiff go before the judge behind my back & file and plead for a "summary judgment"? and get an order demanding I respond the pleading before the jury trail... which now seems to be moot.??? Is this legal??? Please respond ASAP, Thank you, M. Ivory Do I have to go to court to re-instate with an order, the jury trial??
  4. Service: "Board is a formally distinct entity of its parent Association as to separate entities requirement." The service was as follows: Board of Directors of Acme Condominium Association of Atlantis, Robert Jones, President, et.al Board of Directors. The judge required that an "Alias Summons" be served by "Sheriff Service". : Board of Directors of Acme Condominium Association of Atlantis. The "Alias Summons" was made out and ordered by Judge. A different judge on trial/date said neither service was done. This judge now said each defendant separately had to be served. Can this judge over-rule a peer judges' order. If the order of the judge was carried out as ordered , then how can a peer judge over-rule, interfere, direct the ruling of peer 'sitting judge?". That is conundrum I have with this matter. M. Ivory
  5. RetiredinVA. The answer to your question: "What is the nature of your claim?" --- Under the Illinois Condominium Act (The Act), and the "Declarations of Incorporation", and the "Covenants" and the "By-Laws", -- the Board of Directors can only be held liable for a claim against them under "Gross Mismanagement"; "Gross Negliegence"'; or "Misappropriation of Funds". All of these subjects have been named as part of the claim against them. Has Plaintiff, who is deeded/owner/member/shareholder in the Association completed "service of complaint" to the "Board of Directors, all elected Officers, of named Corporation" as named under the Illinois Corporation data base.? Wherein, each Board member and Plaintiff, are named as Parties to the "Complaint" within the "Complaint Pleading". Are not the Board of Directors a "formally distinct entity" of its parent Association" as to "separate entitities requirements? Has the Board of Directors (3) been duly served 2x (both times accepted)? Must I serve each separate Board Member by name by Sheriff Service for 3 separate services? Thank you RetiredinVA for all your help. M. Ivory, Illinois
  6. I am in a Civil Action in Circuit Court, small claims. I have served the Defendants 2 times. Each time service was accepted. First service was by U.S. Postal, return receipt requested signature. The envelope was signed for by the Management Company for a Corporation. The defendants did not appear at trial/hearing. The sitting judge wrote out a "Sheriff's Service" and that was also served by "Sheriff" and accepted/completed. The sitting judge at 2nd hearing/trial said service was not done. The Attorney who appeared for Defendants denied that either the first service or the Sheriff's Service had been received. The sitting judge (who was not the same judge) said that service must be made on all three Defendants separately. The Board of Directors are three people of a Corporation. They employ a vendor/Management Company. All correspondence to the Board of Directors and the Association Company is directed to be sent to the Management Company in their rules and regulations. Question: Is a three person (officially elected) Board a "formal entity" of a "parent company"? Can service of a complaint be served to "The Board of Directors of (titled Company) as an single "titled entity"? Each Board Member (total of 3) were named as "Party to the Complaint" in the "Complaint Pleading". Question: Was service to defendants completed or does Plaintiff have to serve each separate Board member on 3 separate mailings? Thank you for your very kind response? M. Ivory, Blue Island, IL
  7. Question: When 2 services have been done on Defendants. One by return receipt signature and second by Sheriff's Service which was court ordered. Both services were completed. Are Boards of Directors of a Corporation filed upon separately each. Why does the court insists that each Board Director be served separately instead of as an "Entity" and the names of the Board of Directors be listed in the Complaint as Parties to the Complaint. The Court refuses to accept the Service on Def's. as legal, even though I have listed each in the complaint and served the "Board of Directors of named Corporation" at their Management Company. Each time served the initial Complaint has been accepted. The Board of Directors did not appear for Hearing/Trial and the Court refuses to give me a "default judgment' because "service was not upon each Board of Director separately". Do I have to refile the complaint on each 3 defs. of the Board. Or can I move on to Appellate Court wherein the judge says I cannot because "Proper Service has not been performed"??? Thank you for your kind response. This is a Civil Action. Monetary damages only.
  8. The answer is accepted. I will file both cases separately in Appellate Court in Illinois. Then I will consolidate the cases under the Appellate Rules. Thank you. M. Ivory, Cook County, Illinois
  9. Counselor! I am on my way to Appellate Court. I have 2 cases in Circuit/District court. Same defendants separate actions. Question: Can I combine the 2 separate cases when I file in Appellate Court. Thank you for your kind response. M. Ivory
  10. Counselors: I would like to 'serve a civil complaint against a corporation'. It is a national, multi-state corporation in the United States. The agents of this national corporation have many agencies within each U.S state. That is: If it is the Corporation of Allstate Insurance Group, and one of their agencies/agent who insures my home is the agency/agent I wish to file a civil suit, under an Illinois State Statute, then do I make 'service process' to the agency/agent who issued the home insurance? Or, do I file make 'service process' against the 'Corporate Headquarters' and name the 'local Illinois agency/agent? Or, do I 'service process' to both the Corporate Headquarters separately and an additional 'service process' on the same 'complaint pleading' to the 'local Illinois agency/agent?, i.e. (2 separate 'service processes'). Thank you so very much for your help. M. Ivory, Blue Island, IL. 60406
  11. When a Plaintiff's initial complaint is dismissed and defendants are held for "naught", and then the judge allows the Plaintiff to "Amend Complaint", are the prior initial filings of complaint which are now 'dismissed' or 'denied' as to 'not properly served'.... is the initial complaints 'stricken' from the court records? and therefore cannot be accessed upon an appeal? thank you for your kind response. Does the word "strike" mean the whole record is no longer available for a "request for preparation of records" on appeal?
  12. A grandmother died "willing" her house in Nassau, New York to three relatives: 2 elderly daughters and 1 middle-aged grandson. The grandson wishes to "opt out" of the "will" and not be given anything. (1) Can the grandson "give away" his "one-third" inheritance to the 2 other inheritors "BEFORE" the estate is probated? (2) Does the "house/estate" have to be probated if there is a will? (3) Can the grandson write up an "opt-out (give-away)" paper "giving his one-third equally" to the 2 remaining inheritors; and have it notarized; and would that be sufficient to satisfy the law?
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