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Questions Answered by Julie Fowler
1 Answer | Asked in Real Estate Law for Nebraska on
Q: I am going to buy a house in Nebraska. Owner will carry me. Do I have ti pay interest if we agree to 0%

If we agree ti 250 k over 14 yrs. 0% interest. Now some lawyer is saying we have to be charged interest? Is this correct

Julie Fowler
Julie Fowler
answered on Apr 4, 2024

It is almost unheard of for a person to not pay interest on a mortgage. While I'm not aware of any law that requires a person to charge interest, you may run into unintended consequences if you don't. For example, tax repercussions, gift tax repercussions, estate issues, etc. depending... View More

1 Answer | Asked in Family Law for Nebraska on
Q: What can I do to get my child a passport if the mother is refusing to sign the required documentation?
Julie Fowler
Julie Fowler
answered on Apr 4, 2024

It depends on what the custody order says. Who has legal custody? If you have legal custody, you may be able to complete the application without the other parent's participation. Depending on what your court order says, you may also likely be able to file a motion to compel the other party... View More

1 Answer | Asked in Criminal Law and Family Law for Nebraska on
Q: How does one prove sobriety in a courtroom when sweat drug patches are showing positive for drugs that one is not using

Every other weekly test is showing positive results for drugs I am not using. I do not understand the “cut off levels” in the results. My understanding is that this said level is very “low”….could someone please elaborate on these levels and possibly explain how much is supposedly still... View More

Julie Fowler
Julie Fowler
answered on Mar 24, 2024

The manufactures of these products often have details as to how their patch works, in detail, on their website. This includes regarding some of the science behind it. You can also read cases that challenged the use of some of these products. For one example, including cases, see:... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: I was divorced in 2021 & son is 18 & lives on his own. My ex continues to harrass me. Can I block him on my phone?

I know my son is covered under the custody/parenting plan until he turns 19. My ex has my email - does he have to have access to me via phone? Neither of our kids will speak to him (emotional abuse situation). But now he's harassing me about things that have no bearing as to the kids. I... View More

Julie Fowler
Julie Fowler
answered on Mar 20, 2024

Maybe. It depends on what your order states and somewhat on the history of the case. If your order allows it, then you can probably block him on your phone and let him know that you are only communicating via e-mail at this time. If he isn't asking about questions relating to the child,... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: NE. Got a notice of susp. in mail for failure to comply with traffic citation. Can I be ticketed without knowing it?

Is it possible for me to receive a ticket without knowing it? I just received a notice of suspension says in the mail and it says I received a citation on 11/22/23, but this is the first that I've heard of it?! I just went back through and checked all of my mail receipts and I have never... View More

Julie Fowler
Julie Fowler
answered on Mar 14, 2024

You can look up online to see if your license is suspended in Nebraska:

https://www.nebraska.gov/dmv/reinstatements/client.cgi

If your license does show as suspended and you still don't know why, go to the DMV and ask.

If your license isn't truly suspended, it is...
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1 Answer | Asked in Contracts and Family Law for Nebraska on
Q: I am a guardian doing DS-11 and I don't know how to fill parental information

Both parents are dead

Julie Fowler
Julie Fowler
answered on Mar 14, 2024

If you are the legal guardian and need help applying for the child's passport, you can call the number of the State Department's website to see if they can help you with your question regarding the form. You may need to be prepared to be placed on hold for a long time, but you should be... View More

1 Answer | Asked in Civil Litigation for Nebraska on
Q: I purchased a truck from a private owner that we both signed a bill of sale. He still has not sent the title.

He still had a loan on the truck and said he’d pay it off with the money I gave him and send the title in the mail. It’s been 30 days and still nothing I haven’t been able to reach him the past week.

Julie Fowler
Julie Fowler
answered on Feb 19, 2024

If you had a contract regarding purchase of a vehicle and the other party is not fulfilling their part, you may need to bring a breach of contract action against the other party if unable to resolve on your own. If the dollar amount is low enough, you could bring the action in Small Claims Court.... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Nebraska on
Q: Person kills two people runs from scene. Goes in next day wearing same clothes ran in. Why is the person not arrested?

Shouldn't that person be arrested just for leaving?

Julie Fowler
Julie Fowler
answered on Feb 19, 2024

If you believe you have information that may be helpful to law enforcement for an open investigation, you can contact that agency's non-emergency line. A detective will contact you back if they are seeking the information you have to share.

Why law enforcement acted or didn't...
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1 Answer | Asked in Family Law for Nebraska on
Q: What to do about Non custodial parent not complying with parenting plan which is causing child to have behavior problems
Julie Fowler
Julie Fowler
answered on Feb 19, 2024

Filing a show cause/contempt action may be the way to go. This action is used to ask the Court to enforce the Order and to sanction the other party for not following the Court order. Whether this is the way to go or not depends on the specifics of your situation. Depending on what the issue is,... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: If you get a citation in Nebraska for expired license plates, can you run on them up until the court date on the ticket?
Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Having a case pending for a certain crime does not give you immunity if you continue to commit the crime until the court date. In fact, if you obtain a second ticket for driving with expired plates while the first case is pending, the prosecutor is likely to push for a stronger punishment if you... View More

1 Answer | Asked in Contracts and Civil Litigation for Nebraska on
Q: I loaned a friend 5000.00 for 6mos and he is to pay back 6000.00 it's been a yr now and I need my money back I do have a

Written agreement signed by both of us plus he signed his truck title and gave to me for catallol can I repo the truck since he breached our contract or what can I do this will take place in nebraska

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Your options depending on whether you followed the legal formalities to register and properly document your secured collateral/lien on the vehicle. If you did, then you have the remedies available to other secured creditors, which can include repossession. If you did not follow the legal... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: Hypothetically, say you work for a company they didn’t pay you while you work even after but fired you.what can I do?

After they fired me, I called them and asked if they were going to pay me and they just told me not to call back and that I was on the case I was just basically confused. I’m still confused to this day I still haven’t been paid. I called my local courthouse. There is nothing on my name, so... View More

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Depending on your specific facts, you may have a cause of action under the Nebraska Wage Payment and Collection Act. Under this set of statutes (Neb. Rev. Stat. Section 48-1228 to 48-126), the employer can be ordered to pay fines and attorney fees if you are successful under this Act if forcing... View More

2 Answers | Asked in Civil Litigation and Contracts for Nebraska on
Q: I have money and my girlfriend doesn't. She wants a new car.

She wants a new BMW. I can pay cash for it. What is the best possible way to protect my assets in case our relationship fails or she's crashes the car and kills someone? Should I title it in her name and just put a lien on it or can I leave it in my name. I plan on giving her a "personal... View More

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

There are a number of options. One commonly used method is to offer a vehicle loan and have the vehicle as the secured collateral for the loan. You need to file the same requirements as to registering your loan and the paperwork as do other secured lenders. You would be subject to the same... View More

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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Who is responsible for this utility bill?

had utilities in my name for a rental property my daughter was living in for 2 years. Her lease ended last may and she has since moved. When she moved i called utility companys and had things switched out of my name. My issue is that the city bill (water, sewer, garbage etc) had apparently not been... View More

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

You would need to speak with an attorney about your specific situation and if there is an exception in your specific situation. In general, if the utilities continue to be in your name, you are responsible for the utilities, even if another family member is the person actually using the utilities.... View More

2 Answers | Asked in Child Support, Tax Law and Family Law for Nebraska on
Q: if my spouse has back child support but does not have income for 2023 do i have to file injured spoues on joint return
Julie Fowler
Julie Fowler
answered on Feb 14, 2024

You would need to speak with your tax professional for advice specific to your situation. In general, any refund from a joint tax return is generally subject to tax intercept for back child support owed by either spouse. However, if you file the injured spouse form you can generally prevent the... View More

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1 Answer | Asked in Contracts and Real Estate Law for Nebraska on
Q: 3 years ago my father in law bought my husband and I a house we agreed to pay it back over 3 years

Fast forward 3 years we paid it off with him and he is refusing to give us the deed and hold up his side of the deal. He is trying to change our deal and kick us out. What can we do?

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Under contract law, most of the time the Court can enforce a contract even if the terms are not written down (oral contract). There are exceptions to this. Sometimes when the Court finds that there is an enforceable oral contract it is still up to the Court to determine what exactly the terms are... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Getting divorced in Nebraska. she has terminal cancer. She's still on my health insurance. Proceed with divorce?

Do I spend money to file? I assume if I we don't proceed I'd be responsible for unpaid medical.

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Yes, you are potentially responsible for your spouse's medical debt in Nebraska, especially if you are the guarantor of the party's health insurance. In Nebraska, a divorce is a process that includes a 60 day mandatory waiting period before you can finalize the divorce, even if both... View More

1 Answer | Asked in Car Accidents for Nebraska on
Q: Hit a car accidently. Didnt have paper went home came back no car was there.

I called the police and the non emergency number of the local pd. They said since it was on private property can’t do anything but to leave info with worker at building parking lot. I told them I don’t want a hit and run charge they said this should be fine. Am I safe from any charges?

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

You should follow up with the person that you hit, even if on private property. Assuming you have since had contact with who you hit, generally, calling in the accident and reporting yourself to law enforcement at the scene prevents the prosecutor from filing hit and run charges. If hit and run... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Nebraska. we have a tenant that had a guest move with out our permission. she doesn't want to leave. is she trespassing

she is not on the lease and the lease specifically states "no guest".

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

Potentially yes. This may also be a breach by the tenant that is on the lease. Sometimes it makes sense to move forward with the eviction process against the tenant (and thus anyone else on the premises there unlawfully) if the tenant has breached the lease by allowing those not on the lease to... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Nebraska on
Q: me and my girls where arguing and I tried to leave the house but she wouldn't let me and I tried forcing my way out door

door and I threw my phone and it accidentally called 911 and the cops showed up and she pushed me down but I accidentally pushed her off of me by the throat cuz she knocked me down butI got scared and ran so they had a warrant for my arrest and I was put in jail for 7 days and someone paid the bond... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

You should contact a criminal defense attorney. If there is also a custody dispute, then you may also need to file a custody action or a custody modification action. It doesn't sound like this last exchange was very positive for you or the children. Going forward, you may need to have your... View More

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