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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102504
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If I request a voluntary dismissal of my case due to

Customer Question

If I request a voluntary dismissal of my case due to financial & Emotional hardship, and the judge approves it, can the opposing attorneys ask for the payment of their costs?
Should I inform the Judge that I plan to still file a complaint with the Illinois Dept. of Financial & Professional Regulation?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

1) Generally speaking,the Court does have discretion to award fees if it feels that they are equitable (fairly imposed). Under 750 ILCS 5/508: "The court from time to time, after due notice and hearing, and after considering the financial resources of the parties, may order any party to pay a reasonable amount for his own or the other party's costs and attorney's fees." See HERE. So it is at the discretion of the Judge. Much will be contingent upon whether or not the claim had merit to begin with or if it was frivolous.

2) There is no mandate to inform the parties/Court if one wants to file such an administrative complaint.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!