Illinois Legal Questions & Answers
73 plain-English answers to common Illinois law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in Illinois?
Illinois property owners first appeal to the township or county Board of Review within 30 days of the assessment notice publication (35 ILCS 200/16-55). Then to the Property Tax…
- How does the lemon law process work in Illinois?
The Illinois New Vehicle Buyer Protection Act, 815 ILCS 380/1-12, applies within the first 12 months or 12,000 miles. Presumption: 4 repair attempts on the same defect or 30+…
- How much of my wages can be garnished in Illinois?
Illinois is stricter than federal. Under 735 ILCS 5/12-803, wage deduction is capped at the lesser of 15% of gross weekly wages OR the amount by which disposable earnings exceed…
- How do I file a mechanic's lien in Illinois?
Subs serve 90-day notice to owner (60 days for owner-occupied 1-4 unit). Record lien in county recorder within 4 months of last work to preserve against third parties; 2 years to…
- What is the personal injury statute of limitations in Illinois?
Illinois gives 2 years for personal injury under 735 ILCS 5/13-202. Medical malpractice is 2 years from discovery with a 4-year repose (5/13-212). Claims against local governments…
- How does small claims court work in Illinois?
Illinois small claims handles disputes up to $10,000 under Ill. S. Ct. R. 281-289. Filing fees range $89-$351 by county. Attorneys are permitted. Hearings use simplified…
- How do I set aside a default judgment in Illinois?
Move under 735 ILCS 5/2-1301(e) within 30 days of entry, or under 735 ILCS 5/2-1401 between 30 days and 2 years. Section 2-1301 requires substantial justice; section 2-1401…
- Who is liable if a dog bites me in Illinois?
Illinois imposes strict liability under 510 ILCS 5/16 (the Animal Control Act). Owners are liable for injury caused by their dog if the victim was peaceably conducting themselves…
- What can I do if I'm a victim of identity theft in Illinois?
Illinois classifies identity theft as Class 4 felony up to Class X depending on amount under 720 ILCS 5/16-30. Credit freezes are free under federal law. Civil suit under 720 ILCS…
- How does comparative fault work in Illinois?
Illinois follows modified comparative fault with a 51% bar under 735 ILCS 5/2-1116 — plaintiffs more than 50% at fault recover nothing. Joint and several liability for past/future…
- How do I file a public records request in Illinois?
Illinois FOIA (5 ILCS 140/) requires agencies to respond within 5 business days, extendable by 5 days. Copy fees are capped at $0.15 per page after the first 50 free pages…
- What is the statute of limitations for contract claims in Illinois?
Illinois gives 10 years to sue on a written contract under 735 ILCS 5/13-206 and 5 years on an oral contract under 735 ILCS 5/13-205. UCC sale-of-goods claims have a 4-year SOL…
- What money in my bank account is protected from creditors in Illinois?
Illinois provides a $4,000 personal-property wild card under 735 ILCS 5/12-1001(b) usable for cash, plus 85% of net wages protected under § 12-803. Federal benefits get automatic…
- How do I appeal a denied Social Security disability claim in Illinois?
Illinois's Bureau of Disability Determination Services (BDDS), within the Department of Human Services, handles initial SSDI/SSI reviews from Springfield, Chicago, and Peoria…
Criminal (10)
- What are DUI penalties in Illinois?
Illinois Vehicle Code 625 ILCS 5/11-501 sets the BAC limit at .08 (.04 commercial, any amount under 21). A first DUI is a Class A misdemeanor with up to 1 year jail, $2,500 fine…
- How do I expunge a criminal record in Illinois?
Illinois offers expungement (record destruction) and sealing (hidden from public) under 20 ILCS 2630/5.2. SB 1830 (Clean Slate, 2023) provides AUTOMATIC sealing for many low-level…
- How do I get a concealed carry permit in Illinois?
Illinois requires a Concealed Carry License (CCL) under the Firearm Concealed Carry Act (430 ILCS 66/). You must first hold a valid FOID card, complete 16 hours of state-approved…
- What are the search warrant requirements in Illinois?
Illinois search warrants are governed by 725 ILCS 5/108-3 et seq. A sworn affidavit of probable cause must be presented to a circuit court judge. Section 108-8 codifies…
- Can I legally record a phone call or conversation in Illinois?
Illinois is an all-party (two-party) consent state under 720 ILCS 5/14-2 (Eavesdropping statute, rewritten in 2014 after People v. Clark). All parties to a private conversation…
- How does bail work in Illinois?
Illinois ABOLISHED cash bail effective September 18, 2023, under the Pretrial Fairness Act (725 ILCS 5/110), becoming the first U.S. state to eliminate money bail entirely. Courts…
- How does plea bargaining work in Illinois?
Illinois plea bargaining is governed by Ill. S. Ct. R. 402, which permits limited judicial participation through Rule 402 conferences. Guilty, stipulated bench trials, and…
- How do I sue police for misconduct in Illinois?
42 U.S.C. § 1983 is the federal vehicle. Illinois has not abolished QI and has no statewide civil-rights act, though municipalities like Chicago face large § 1983 verdicts…
- When can a private citizen make a citizen's arrest in Illinois?
Under 725 ILCS 5/107-3, any person may arrest another when they have reasonable grounds to believe an offense other than an ordinance violation is being committed. Use of force is…
- What pretrial diversion or drug court programs exist in Illinois?
Illinois offers TASC drug treatment probation under 20 ILCS 301/40-5, the Drug Court Treatment Act (730 ILCS 166/), the Veterans and Servicemembers Court Treatment Act (730 ILCS…
Employment (10)
- What is the minimum wage in Illinois?
Illinois reached its $15.00/hour minimum wage on Jan. 1, 2025, under the Lifting Up Illinois Working Families Act (P.A. 101-0001), 820 ILCS 105/4. The tipped minimum is…
- How do I file a workers compensation claim in Illinois?
Illinois workers' comp is governed by 820 ILCS 305/ and administered by the Illinois Workers' Compensation Commission (IWCC). You must notify your employer of the injury within 45…
- How do I file for unemployment benefits in Illinois?
File online at ides.illinois.gov as soon as you're unemployed. Illinois pays $51-$578/week (plus dependent allowances) for up to 26 weeks. You need at least $1,600 in base-period…
- What is wrongful termination in Illinois?
Illinois recognizes at-will employment but is one of the more employee-friendly states because of the Kelsay/Palmateer line of cases creating a robust public policy tort, the…
- How do I file a workers' compensation claim in Illinois?
Notify your employer within 45 days (820 ILCS 305/6(c)) and file an Application for Adjustment of Claim with the Illinois Workers' Compensation Commission within 3 years…
- Can I sue for wrongful termination in Illinois?
Illinois is at-will but recognizes the Kelsay/Palmateer public-policy tort. The Illinois Human Rights Act (775 ILCS 5/) and the broadly worded Whistleblower Act (740 ILCS 174/)…
- What are my rights against workplace harassment in Illinois?
The Illinois Human Rights Act (775 ILCS 5/) covers all employers (1+) for harassment claims since 2020. The Workplace Transparency Act requires annual sexual-harassment training…
- Can my employer drug test me in Illinois?
Illinois permits employer drug testing but the Cannabis Regulation and Tax Act (410 ILCS 705/) and Right to Privacy in the Workplace Act (820 ILCS 55/) protect off-duty cannabis…
- Are non-compete agreements enforceable in Illinois?
The Illinois Freedom to Work Act (820 ILCS 90) bans non-competes for employees earning $75,000 or less and non-solicits for those earning $45,000 or less, with thresholds rising…
- How do I appeal an unemployment insurance denial in Illinois?
The Illinois Department of Employment Security (IDES) administers UI under 820 ILCS 405/. Appeals must be filed within 30 days of the determination. Maximum weekly benefit is $578…
Family (9)
- How do I file for divorce in Illinois?
Illinois requires 90-day residency. The state has only one ground: irreconcilable differences. File a Petition for Dissolution of Marriage, serve your spouse, and after a 6-month…
- How is child custody decided in Illinois?
Illinois replaced 'custody' with the 'allocation of parental responsibilities' under 750 ILCS 5/602.5 and 5/602.7 (effective 2016). Decision-making and parenting time are…
- How does alimony work in Illinois?
Illinois calls it 'maintenance' and uses a statutory formula under 750 ILCS 5/504(b-1) for combined incomes under $500,000. The formula is 33⅓% of payor's net income minus 25% of…
- How is child support calculated in Illinois?
Illinois switched from a Percentage of Income model to an Income Shares model effective July 1, 2017 under 750 ILCS 5/505. Both parents' net incomes are combined, the basic…
- How do I get a marriage license in Illinois?
Apply in person at the county clerk's office in the Illinois county where the ceremony will take place. Fees range $30-$100 (Cook County $60). Illinois has no waiting period in…
- How do I establish paternity in Illinois?
Illinois follows the Illinois Parentage Act of 2015, 750 ILCS 46. Parents may sign a Voluntary Acknowledgment of Parentage (VAP, form HFS 3416B) under § 46/301; it becomes final…
- How does the adoption process work in Illinois?
Illinois adoptions are governed by the Adoption Act, 750 ILCS 50/0.01 et seq. A final and irrevocable consent under § 9 may be signed no earlier than 72 hours after birth; it is…
- Are prenuptial agreements enforceable in Illinois?
Illinois adopted the UPAA as the Illinois Uniform Premarital Agreement Act, 750 ILCS 10/1 et seq. Prenups must be in writing and signed; the challenger must prove involuntariness…
- How do I get a restraining order in Illinois?
Illinois offers four civil protective orders: Order of Protection under the Illinois Domestic Violence Act (750 ILCS 60/), Civil No Contact Order (740 ILCS 22/, sexual assault)…
Housing (8)
- What are tenant rights in Illinois?
Illinois has no statewide deposit cap or rent control, but the Chicago RLTO and Cook County RTLO provide robust protections including interest on deposits, 5-day notice for…
- What is the eviction process in Illinois?
Illinois requires a 5-day notice for nonpayment, 10-day notice for lease violations, and 30/60-day no-cause notices under 735 ILCS 5/9. Landlord files an eviction action in…
- What must a home seller disclose in Illinois?
Illinois Residential Real Property Disclosure Act (765 ILCS 77) requires a 23-item Residential Real Property Disclosure Report for sales of 1-4 unit dwellings. The form covers…
- How do I dispute a security deposit return in Illinois?
Illinois's Security Deposit Return Act (765 ILCS 710) requires landlords of buildings with 5+ units to return the deposit within 45 days of move-out (30 days for itemized…
- How do I dispute an HOA assessment or fine in Illinois?
Illinois governs condos under the Condominium Property Act (765 ILCS 605) and master associations/common-interest communities under the Common Interest Community Association Act…
- What is the eviction process in Illinois?
Illinois uses the Eviction Act, 735 ILCS 5/9-101 et seq. Nonpayment requires a 5-day notice; lease breach a 10-day notice; no-cause a 30-day (month-to-month) or 60-day (year+)…
- What can I do if my landlord won't fix uninhabitable conditions in Illinois?
Illinois recognizes the implied warranty of habitability (*Jack Spring v. Little*, 280 N.E.2d 208 (1972)). Chicago's RLTO § 5-12-110 allows repair-and-deduct up to $500 or half a…
- How do I resolve an easement or boundary dispute in Illinois?
Illinois adverse possession requires 20 years (735 ILCS 5/13-101) or 7 years with color of title and tax payment (735 ILCS 5/13-109). Quiet title under 735 ILCS 5/13-101 et seq…
Estate (8)
- How do I make a valid will in Illinois?
Illinois requires the testator to be 18+ and of sound mind (755 ILCS 5/4-1). The will must be in writing, signed by the testator, and attested by 2 credible witnesses in the…
- How do I create a power of attorney in Illinois?
Illinois did NOT adopt the UPOAA. POAs are governed by the Illinois Power of Attorney Act, 755 ILCS 45/1-1 et seq. POA must be signed by the principal, witnessed by one adult, and…
- How does probate work in Illinois?
Illinois probate typically runs 6-12 months under the Illinois Probate Act (755 ILCS 5/). Illinois has not adopted the UPC. Small-estate affidavit is available for personal…
- Can I disinherit my spouse or child in Illinois?
Illinois grants a surviving spouse a renunciation share of one-third of the estate if there are descendants, or one-half if none, under 755 ILCS 5/2-8. Illinois is a…
- How do I petition for guardianship or conservatorship in Illinois?
Illinois uses 'guardian of the person' and 'guardian of the estate' for both minors and disabled adults under the Probate Act of 1975, 755 ILCS 5/11a-1 et seq. Plenary or limited…
- How do I create an advance healthcare directive in Illinois?
Illinois recognizes Living Will (755 ILCS 35), Power of Attorney for Health Care (755 ILCS 45 Art. IV), Mental Health Treatment Preference Declaration, POLST, and DNR. Living will…
- How do I file a quitclaim deed in Illinois?
Illinois quitclaims require grantor signature notarized (765 ILCS 5/20); no witnesses needed. Record with the county Recorder. Illinois state transfer tax is $0.50/$500 plus…
- What is the homestead exemption in Illinois and how do I claim it?
Illinois' creditor homestead is $15,000 per debtor ($30,000 joint) under 735 ILCS 5/12-901. General Homestead Exemption reduces equalized assessed value by $6,000-$10,000 (35 ILCS…
Traffic (6)
- How do I fight a parking ticket in Illinois?
Illinois cities use administrative adjudication under 65 ILCS 5/1-2.1. Chicago tickets are handled by the Department of Administrative Hearings via an online portal…
- How Long Do You Have to Register a Car in Illinois?
Illinois requires registration within 30 days of moving to the state or purchasing a vehicle under 625 ILCS 5/3-401. Out-of-state vehicles need a VIN inspection performed by…
- How do I get my driver's license reinstated in Illinois?
Illinois reinstatement after revocation requires a formal or informal hearing with the Secretary of State, a $250 reinstatement fee plus $500 for DUI revocations (625 ILCS…
- How do I fight a speeding ticket in Illinois?
Illinois drivers can pay, request court supervision (no conviction on record), or fight at trial under 625 ILCS 5/11-601. Court supervision avoids a Secretary of State conviction…
- What are the open container laws in Illinois?
Illinois 625 ILCS 5/11-502 prohibits transportation or possession of alcohol in the passenger area of any motor vehicle on a highway, except in original sealed containers. Fine…
- What happens if I get a DUI in Illinois?
625 ILCS 5/11-501 makes it a Class A misdemeanor to drive with a BAC of 0.08%+ (0.04% commercial, 0.00% under-21). First DUI carries up to 364 days jail, $2,500 max fine, 1-year…
Civil Procedure (4)
- What is the small claims limit in Illinois?
Illinois small claims court hears cases up to $10,000 under Illinois Supreme Court Rule 281. Filing fees vary by county ($50-$300). Lawyers may appear. Cases are filed in the…
- What is the statute of limitations in Illinois?
Illinois civil limitations: personal injury 2 years (735 ILCS 5/13-202), written contract 10 years (5/13-206), oral contract 5 years (5/13-205), property damage 5 years…
- Can I get out of jury duty in Illinois?
Illinois requires US citizens, 18+, county residents under 705 ILCS 305/2. Hardship excusals (medical, caregiver, financial) require written request. Cook County pays $17.20/day…
- How do I legally change my name in Illinois?
File a Petition for Change of Name in the circuit court of your county (735 ILCS 5/21-101), pay roughly $254 in filing fees, publish notice in a newspaper once a week for three…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
Other states
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.