Legal Question in Civil Litigation in Illinois
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I am the general partner in a casino operation in Texas and had some limited partners file a lawsuit in Illinois,improperly served us in Texas,for a loan they took out in Texas which we did not sign for (claiming it was there casino investment from a year earlier) They filed a lis pendens on our home in Texas,with no case filed against us.We informed their attorney it was illegal and they dropped the lis pendens.We called the Illinois county clerk and told them we were residents of Texas, the loan was not in our name and we simply wanted to have the case dismissed or transferred to Texas.The clerk told us we had to file the answer and appear (which we did), because the judge could award judgement if we didn't and to ask the judge to have it dismissed or switched toTexas I went to court without an attorney, the judge denied transfer because the other attorney lied.Every attorney wants a $5 thousand retainer.We were told we should have originally asked for it to be dismissed(which we did).We have a case against them,we can't afford to go toIllinois, What can we do?
5 Answers from Attorneys
Re: Legal help
An important question in deciding (i) whether to hire an attorney and (ii) whether a retainer amount of $5,000 is reasonable is: how much are you being sued for? If the amount is not very significant, then you have a business decision (not a legal one) to determine whether you want to fight the lawsuit versus the cost of such fighting.
If the case is complicated, it may require some measure of significant time devoted to it by an attorney -- time for which the attorney needs to get paid. In order to guarantee such payment, at least the initial amount, a retainer is requested. As you do not have a personal relationship with a Chicago attorney, it is reasonable that such an attorney would want to ensure at least the initial payment from you.
As in all professional relationships, you want to retain someone who is highly skilled, knowledgeable, devoted to your cause and honest/ethical. As with most things, you get what you pay for.
-- Kenneth J. Ashman; www.AshmanLawOffices.com
This communication is for informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by a execution of a formal retention agreement.
Re: Legal help
You really need to hire an attorney, maybe one that will accept a smaller retainer. The reality is that you face a greater risk of losing your property if you continue to act as your own attorney. I would be happy to talk to you in more detail. Larry Stein (630) 221-1755.
Re: Legal help
It is a little late to tell you what could have been done, however, you need to get an attorney immediately. You have too much at stake. There are attorneys who take less money for a retainer fee. Us included!
Re: Legal help
I see your question has already been answered by three lawyers, and all agree that you need to retain a lawyer. I concur.
Your first mistake was showing up in an Illinois court without a lawyer to seek dismissal or transfer to Texas. Courts don�t dismiss or transfer cases except and unless proper procedural safeguards are met. In America, it�s called due process.
Right now, things are WORSE for you BECAUSE you showed up in court as you did and filed an answer. This is what the Texas lawyer meant when he said it was �spilled milk.� You say you were not properly served, but your appearance to request a transfer to Texas cured this infirmity. A lawyer would likely have filed a �special and limited appearance to contest jurisdiction�. Now, because you showed up in court to obtain a transfer or explain why you are innocent (i.e., the loan was not in your name, etc.), you were deemed to have made a �general appearance� before the court. This general appearance conferred personal jurisdiction of the court over you, jurisdiction you might not have had over you (e.g., �improperly served�; long arm jurisdiction defeated if you had no significant contact with Illinois, and other possible grounds) otherwise. Now it�s too late to do that. It�s �spilled milk.�
You are asking for internet advice about how to solve this problem, and the only responsible advice I can offer is to retain a lawyer to represent you. There are no cheap and easy answers to real lawsuits. By the way, every attorney wants a retainer because this is what they do for a living.
Please permit me to add that (since you have appeared and answered in court and conferred personal jurisdiction over you), once this case is decided in Illinois, you won�t get a chance at some later date to straighten things out. When the judgment in Illinois becomes final, it will be enforceable against you in Texas through the Texas courts. You won�t be granted a re-trial, and won�t be able to present a defense, and won�t be permitted to show the court how terribly unjustified the judgment is. By and large, when the Illinois court case is over, it will be over. All that will be left is taking your money to satisfy the judgment.
Re: Legal help
You will likely need the services of an attorney in the county in Illinois where the suit was filed. You actually needed this lawyer before you filed the answer, but that is spilled milk. Cowboy wisdom, when you find yourself in a hole, quit digging. So quit digging and get an Illinois lawyer now.
http://www.reasonable-doubt.com
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