The term civil as it is applied in our jurisprudence refers to the assertion of private rights or remedies at law in a courtroom or formal legal setting. The most common and popular example of civil litigation in our society is the personal injury case filed with a circuit court. The term litigation is a general legal term meaning the actual engagement of legal proceedings.
Civil litigation extends way beyond the personal injury or probate case. Our state government and local municipalities operate numerous administrative bodies such as the Department of Children and Family Services, the Illinois Department of Financial and Professional Regulation, village boards of fire and police commissioners, actions before local school boards and independent bodies such as municipal police pension boards. Each political body can have its own rules and regulations governing hearings in addition to the Administrative Code of the State of Illinois. Rest assured each board retains an experienced attorney to represent its own interests. Regardless of the forum, traditional notions of American jurisprudence usually prevail but the rules of evidence can vary from the strict to the almost non-existent. More than once the unwary litigant has been caught short and suffered unnecessarily for their lack of knowledge.
That is why, no matter the forum, it is always important to consult an experienced and qualified attorney at law to protect your rights when legal proceedings can strip the unwary of rights, privileges or property. Mr. Spaulding possesses the skill and experience to navigate these treacherous areas of law to assert, protect and defend your rights before the court in a personal injury suit or before an administrative body.
Do not go it alone. Contact Scott W. Spaulding by e-mail or by telephone at (847) 623-6100 today to schedule an initial consultation and put his skill and experience behind you.
Criminal law in our society is the common notion of prosecuting crimes with the potential deprivation of liberty if a defendant is convicted. Quasi-criminal proceedings can include simple traffic offenses (speeding, failure to yield, improper lane usage) and petty offenses only involving a fine. However, traffic offenses can rise to the level of criminal prosecutions such as driving under the influence (DUI), operating a watercraft under the influence (OWI) and reckless driving. A first offense is a class A misdemeanor with potential penalties of a $2,500.00 fine, summary suspension of your riving privileges and jail for up to one year. A DUI with aggravating factors can rise to the level of a felony that by definition can carry a penalty of over one year of confinement and increased fines.
The criminal statues in Illinois are constantly changing and updating a website with changes is a full time job. If you are unfortunate to have been charged with DUI or a misdemeanor crime, you need experienced representation before the court and experienced advocacy with the prosecution because your liberty, driving privileges, or both, are at stake. While technically a liberty, it is a fact that one’s driving privileges are a modern necessity and suspension or revocation of those privileges affects one’s livelihood, family and standing.
If you are unfortunate and charged with a crime, you want an attorney who understands the law and the court system. You need an attorney who knows the methods the prosecution may employ in prosecuting their case against you and who will hold the prosecution to the procedural requirements of the law to insure your hard-won rights are observed. Scott W. Spaulding is that attorney. Contact the office via e-mail for a prompt response or by telephone at (847) 623-6100 to schedule a initial consultation now.
Family law is a general term for the body of law affecting most family matters. These matters include divorce, child support, child custody, paternity, domestic violence, post-decree modifications, visitation and the like. Families contemplating these issues often go through a whole spectrum of feelings and emotions before even deciding to seek legal advice.
As a single father of two young boys, Scott W. Spaulding is very conscious of the emotional turmoil families go through in these issues. It is very important to have the guidance and advice of an attorney at this time to answer your questions and lead you through this often complex area of law. With the goal of protecting your rights and with an eye toward developing a healthy parent-child relationship, you need an attorney with the right experience to examine each legal issue, obstacle and roadblock of an opponent. At a time of heightened emotions, experienced legal representation before a court with the discretion to determine issues of custody, visitation and child support is the best chance to lay the groundwork for a continuing healthy parent-child relationship while protecting your rights.
Scott W. Spaulding is that attorney with experience in representing his client’s interests at a time when effective advocacy can be the most critical. In addition, his practical knowledge of co-parenting on a personal level aids him in assisting clients on a realistic and not theoretical basis. Family matters often involve intractable issues that can affect your rights. Don’t go it alone. Contact Scott W. Spaulding via e-mail for a prompt response or by telephone at (847) 623-6100 to schedule a free initial consultation.
Scott W. Spaulding has been fighting in foreclosure court for four years. Having a background in civil law has helped his clients remain in their homes while fighting their case. Whether its fighting a bad loan, helping a client to get back on their feet or resolve the case to the best of his ability, helping the client remain in the home is the best place to fight the case.
Foreclosures have dominated the news for the last 5 years in TV, magazines, internet and newspapers. No one is a stranger to the constant news of a slowing economy. Many have been victims of the economy in terms of lowered income, lost jobs, reduced benefits layoffs and the like. While the banking industry push the absurd notion that it is the public that has refused to pay its bills it is the sale of risky loans and downright fraud in those loans that has stalled the housing industry.
If you have not been able to keep up with your loan foreclosure is not the only option. There are alternatives to losing your home including modifications, deed in lieu or “cash for keys” programs. What most people need is breathing room.
In 2013 Lake County saw over 3,500 foreclosures filed in the Circuit Court. To combat the huge influx of cases Lake County the 19th Judicial Circuit has instituted a mediation program requiring the banks to have a responsible representative present to negotiate with the home owner.
If you are served with a summons and complaint for foreclosure there are a number of things you must consider if you want to fight for your home:
1. Do not ignore legal notices. Failing to address the issue head on can cause you to lose out on possible defenses to foreclosure on your home.
2. Begin to put together all the documents regarding your loan that you are able to find. This will help counsel draft legal documents in the defense of you case. If you possess any documentation of prior loans for the same residence, this too can be helpful.
3. Read each legal document carefully and seek counsel whenever possible. Failing to file the right documents in court can result in the bank obtaining a judgment against you and legally forcing from your home months later.
4. Consult an attorney to determine what is best for you. Do you wish to stay in the home and modify? Is the value of the home so low that to stay would mean paying for a home worth much less than you owe? Is bankruptcy an option, a fresh start? Would negotiating for the surrender of the home result in a savings to you or the avoidance of a money judgment against you for the difference between the sale price of the home and what you owe?
5. Many cases where the homeowner has simply given up have resulted in homes being taken where the bank does not have the necessary paperwork. This is a loss of any potential bargaining power for the homeowner.
It is important to keep in mind that in many instances while a homeowner is negotiating with the bank, that is, giving the bank the same documents over and over and over. . . . the attorneys representing the bank are moving forward with the foreclosure action and seeking a judgment against you. This is the first step in removing you from your home. An experienced attorney can put up all of the defenses a homeowner is entitled to in keeping you in your home while you decide what is best for you and your family.
A Foreclosure matter is governed by state law, specifically the Illinois Mortgage Foreclosure Law of 1986. The law sets out specific steps:
1. Service of Process: The actual service of a summons and complaint on the homeowner This can be a defense where a bank has served a homeowner improperly:
2. Filing an Appearance and Response: Homeowners would be required to file an appearance in the clerk’s office and response to the complaint normally within 30 days. If a homeowner fails to do so the bank can bring a motion in court (a written request to the court to take an action) to enter a default. This would prevent a homeowner from putting up any defenses to the case.
3. If a homeowner fails to appear in court and/or respond to the bank’s complaint the bank will move for judgment against the homeowner seeking to obtain the home and enter a money judgment against the homeowner any unpaid balance.
4. After obtaining a judgment the bank cannot put the home up for sale for 90 days after which the bank will put the house on the market (auction).
5. After the sale, the bank will appear in court and ask the court to confirm the sale. From that point the homeowner has 30 days upon which to exit the home.
A homeowner who ignores the legal notices can find themselves moving through these steps rapidly and losing their home equally as fast. It is important to consult an attorney who can advise you on these steps, slowing the process and bringing it to the best conclusion possible.
If you are served with a summons and complaint because the economy let you down, do not ignore those legal notices and consult an attorney. Scott Spaulding can advise you and help you stay in your home!