We spoke to over 15,000 people this year via phone, email and live chat and heard a lot of great questions. Here are some of the best ones. As always, if you’d like to speak with an experienced Illinois attorney for free, call us at 312-346-5320.
I’m getting divorced. I discovered my wife spent way more over the years than I knew about. Can I get that money back?
Likely no. Money earned during the marriage is a marital asset. Each spouse has the same right to use it during the marriage. What you do have a right to is possibly recovering some of the items. While you can’t recover money spent on trips, dinners, gambling, etc. (with some exceptions), if they bought fancy items that can be resold, that may be one way to get some money back.
I’ve done everything needed to earn a commission on my job. Our handbook says if we quit or get fired before the commission pay day, we don’t get paid. Is that allowed?
No, that is not enforceable. You get paid. The Illinois Wage Payment and Collection Act (“IWPCA”) regulations specifically anticipate that scenario.
My wife was in a car accident and the police report says no injury because she didn’t feel pain at the time. Two days later she woke up with terrible back pain. Is she able to get medical treatment that the insurance company will have to pay for?
Yes. When you get into a car accident, your body will release adrenaline. That can often mask pain and make it so you don’t realize you are injured. It’s very common that within a day or two that pain will start to appear. Our recommendation is that you get to a doctor ASAP (as in today), tell them about the accident and go from there with whatever their advice is.
I was scammed out of $5000 for a stock purchase through someone I met on Facebook. Is there any way to get my money back?
Honestly, probably not, at least not through a lawyer. Odds are that the scammer isn’t even in the US and finding them would be a real challenge. Best bet is to work through your bank which may be a long shot too. This sadly happens to a lot of people.
Can a store ban me? I was accused of stealing but showed them a receipt. They called the cops anyways and said I can’t come back for 90 days.
It may be unfair, but yes a business can restrict people from entering as long as it’s not for an illegal reason. Even though the store made a mistake, what they are doing is unfair, but also legal.
I hired a lawyer and then changed my mind. He said the retainer fee is not refundable. Is that legal?
No and the ARDC just made that crystal clear with new rules in 2023. The attorney has to return any money not earned which in this case sounds like all of it.
We look forward to answering more great questions in 2024!