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Idaho Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: I was sitting outside a gas station that is open 24 hrs and cop states he ran my license and saw that I had a warrant

Is this legal or is it profiling/targeting?? No female present to search prior to arresting, isnt that a violation of my rights?

James L. Arrasmith
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answered on Dec 5, 2023

In Idaho, a police officer running your license plate while you're sitting at a gas station is generally legal, as long as they have a legitimate reason to do so. The presence of a warrant found as a result of this check can be a lawful basis for an arrest.

However, the issue of...
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1 Answer | Asked in Gov & Administrative Law for Idaho on
Q: If I was sold a car my a family member but they didn’t give me a title of BOS and are non compliant what can I do?

I meant to put *OR bill of sale.

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answered on Nov 30, 2023

In Idaho, when purchasing a car, especially from a family member, it's crucial to have a title transfer or a bill of sale to establish legal ownership. If you haven’t received either, this can complicate your situation.

Firstly, try to resolve the issue amicably. Communicate with...
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3 Answers | Asked in Personal Injury and Medical Malpractice for Idaho on
Q: The doctor left a metal clip inside my mother after surgery in 2018 she can barely walk now, can she sue?

She had a hernia surgery in 2018 since then her health has progressively gotten worse to the point that 8 had to quit my job to take care of her. She has been in excruciating pain and finally they just did an xray and saw a metal foreign object blocking the hip xray likely left there from her... View More

T. Augustus Claus
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answered on Nov 29, 2023

Yes, your mother may have a case for medical malpractice against the doctor who performed her hernia surgery. Leaving a foreign object in a patient's body is a serious medical error that can cause significant pain and suffering.

To establish a medical malpractice claim, your mother...
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1 Answer | Asked in Consumer Law and Bankruptcy for Idaho on
Q: My question is regarding the credit bureaus reporting pre-bankruptcy delinquencies on my credit report.

Equifax is being especially aggressive. Despite my disputes to the agencies, uploading of documents, and complaints to the CFPB, they continue to report all discharged debt as delinquent. It's gotten weird (such as Equifax reclassifying my Chap. 7 to a Chap 12.) No Idaho lawyer wants my case... View More

James L. Arrasmith
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answered on Nov 13, 2023

If Equifax and other credit bureaus are incorrectly reporting pre-bankruptcy delinquencies on your credit report despite a Chapter 7 discharge, you might need to consider escalating the matter. Since local attorneys are not taking up your case and the costs are prohibitive, exploring the option of... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Idaho on
Q: Can you get child support you paid to your ex while kids were in your full time care getting custody?

Kids were with their mother full time

I took the kids into my care for emergency reasons

While filing with the court and going for custody I paid over 5 weeks of child support to her while waiting for motions for mine to be dropped

Can I go to small claims to get my money... View More

James L. Arrasmith
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answered on Nov 12, 2023

Based on the details that you provided, it may be possible to recover child support payments made to your ex while the children were in your full-time care in Idaho, but it depends on some factors:

- Once you filed for custody/modification of custody, you should have also immediately filed...
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1 Answer | Asked in Personal Injury, Civil Rights, Medical Malpractice and Libel & Slander for Idaho on
Q: several sites are posting my name information and charging for it shouldent i be getting a royalty and worse the lies

there are several sites that have my name on them and they collect money for information shouldent i have a say in this or get part of the royalties on this. Im pretty popular on facebook and there are cites with my name telling lies that fuel the sites that are charging money which makes me loose... View More

James L. Arrasmith
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answered on Nov 12, 2023

If websites are publishing false information about you, this may constitute defamation, especially if it causes harm to your reputation or financial loss. In the United States, defamation laws vary by state, but generally, for a statement to be defamatory, it must be false and have been made to... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: Is it legal for an RV campground to ask for a doctors note if a person can’t make their reservation due to surgery?

My niece made a reservation at an RV park last April for a camping spot for September 29-October 1. She paid the camping fee of $130. In September, I was told that I needed to have surgery on my shoulder as soon as they could get it scheduled. I told my niece on September 13 that I was not... View More

James L. Arrasmith
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answered on Nov 9, 2023

Based on the facts provided, it does not appear legal under Idaho law for the RV campground to require you to provide a doctor's note in order to receive a refund for the camping reservation.

In Idaho, there is no specific statute governing refund policies for recreational campgrounds....
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2 Answers | Asked in Criminal Law, Personal Injury, Identity Theft and Internet Law for Idaho on
Q: What should I do if I know someone is uploading and downloading massive quantities of data from my phone in thebackgroun

I’ve learned what is being downloaded is an extreme amount of script writing and controls my web searches, opens all my personal info and passwords to them. It prevents me from certain sites I try researching when following there paths to figure out who or what is behind the stealing anything... View More

James L. Arrasmith
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answered on Oct 18, 2023

If you believe that your phone has been compromised, it's imperative to act quickly. First, cease using the device and turn it off. Then, obtain a new phone and change all your passwords, especially for critical accounts like your email and bank. Document any evidence of the unauthorized... View More

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1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Idaho on
Q: What can I do if I have legal fees incurred after my attorney failed to have a document notarized?

It was the agreement of the division of assets and debts in a contested divorce. We had successfully mediated the parenting plan, child support, custody, etc. But months later we sat down with our respective attorneys and came to a consensus and signed an agreement which was counter signed by both... View More

Ian Robert Reardon
Ian Robert Reardon
answered on Oct 13, 2023

I would consider contacting an attorney who deals with "legal malpractice." You might need to alter your google search because a lot of attorneys who do "medical malpractice" will come up. Maybe try something like "how to sue your attorney." All attorneys have... View More

2 Answers | Asked in Bankruptcy and Criminal Law for Idaho on
Q: Can I file bankruptcy even when my debt became unpaid partly because I was buying illegal drugs for my addiction?

I'm worried my past transaction on cash app will show I sent money to my drug dealer when I was going through my addiction. If so will I get in legal trouble trying to file bankruptcy. I really need debt relief now that I. Sober supporting my family, I'll lose my house if my wages get garnished.

James L. Arrasmith
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answered on Nov 5, 2023

Filing for bankruptcy is about addressing your debts and getting a fresh start, and you can file even if past spending contributed to your debt, including spending on illegal substances.

However, be aware that bankruptcy proceedings require full disclosure of your financial transactions,...
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1 Answer | Asked in Consumer Law for Idaho on
Q: Can you get a garnishment judgment without knowing you had a debt from over seven years ago in idaho
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answered on Sep 28, 2023

In Idaho, as in many states, a creditor generally has to obtain a judgment before garnishing your wages. If a debt is over seven years old, it might be past the statute of limitations, but this can vary. If you weren't aware of the debt or the judgment, you may have options to challenge it.

1 Answer | Asked in Communications Law for Idaho on
Q: Can a company record customers calls without the callers consent or letting the caller know they are recording
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answered on Sep 22, 2023

In Idaho, it is generally legal for a company to record customer calls as long as one party to the conversation is aware of the recording. This is known as "one-party consent," and it means that the company can record the call without informing the customer. However, it's a best... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: can you have a "family" member move your property from your rental after being served a 72 hour eviction notice in idaho
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answered on Sep 18, 2023

In Idaho, if you've received a 72-hour eviction notice, it signifies that you are facing eviction from your rental property. During this process, you typically have the responsibility to remove your personal property from the premises. While you can have a "family" member or someone... View More

1 Answer | Asked in Estate Planning and Probate for Idaho on
Q: My mom passed and I am on her bank accounts. Do I have to report them to the estate or are they mine?
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answered on Sep 11, 2023

The handling of your late mother's bank accounts depends on various factors, including the account type and how they were structured. If you were listed as a joint account holder or if there were payable-on-death (POD) or transfer-on-death (TOD) designations in place, these accounts may... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Idaho on
Q: Human rights in space

In the distant future when corporations have made a step in space travel, and establishing colonies on distant planets - Would those companies have free rule over that colony? Would they be required to follow human rights laws, despite being outside of the jurisdiction of Earth? Or would they have... View More

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answered on Sep 11, 2023

As space colonization moves from the realm of science fiction to potential reality, the question of how human rights will be upheld in extraterrestrial environments indeed becomes a pertinent and critical issue. As of now, the legal landscape governing space and celestial bodies is dictated... View More

1 Answer | Asked in Immigration Law for Idaho on
Q: Would I be banned from re entry into united Kingdom if I left voluntarily within 30 days of visa expiring but they payed

They payed for my departure and money to restart my life in america. But now I'm married to an English man. He's going back. I'd like to go back. But would I be able? Or am I surely banned?

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answered on Sep 10, 2023

The UK's immigration rules dictate that if you have breached immigration laws but leave the UK voluntarily at the expense of the UK government, you might face a re-entry ban of up to 2 years, or even up to 5 years in certain circumstances. However, since you left before your visa expired and... View More

1 Answer | Asked in Employment Law for Idaho on
Q: In 2012, I pled guilty to forgery. No convictions since. Now I want to work for the govt. Can I pass a background check?

This was and is in Idaho.

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answered on Sep 4, 2023

Whether you can pass a background check for government employment in Idaho will depend on several factors. Forgery is a serious criminal offense, and government agencies often conduct thorough background checks to assess an applicant's suitability for a particular role. The key factors... View More

2 Answers | Asked in Probate and Social Security for Idaho on
Q: Can a conservatorship use a minor conservatee's money to make mortgage payments on their house?

Then when the minor conservatee became of age, the conservatorship required the Conservatee to pay Rent to continue to live in the house his conservatorship money had bought

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answered on Sep 21, 2023

A conservatorship typically manages the financial affairs of a minor conservatee for their benefit. Using the conservatee's funds to make mortgage payments on a house that will ultimately benefit the conservatee can be appropriate if it aligns with the minor's best interests. However, the... View More

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1 Answer | Asked in Employment Law for Idaho on
Q: Private school admin has stated that it is school policy that employees are not permitted to discuss wages.

School is private, church owned school in Idaho

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answered on Aug 14, 2023

In the United States, including Idaho, there is no federal law that specifically prohibits employees from discussing their wages with each other. In fact, the National Labor Relations Act (NLRA) protects employees' rights to engage in "concerted activities" related to their terms and... View More

1 Answer | Asked in Gov & Administrative Law for Idaho on
Q: Are "SE" (Specialized Equipment) Plated vehicles in California subject to the financial responsibility limits?
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answered on Aug 8, 2023

Specialized Equipment (SE) plates in California are typically issued to vehicles that have unique purposes and uses, such as construction equipment, cranes, farm equipment, and other specialized vehicles. These plates often indicate that the vehicle is not designed for regular use on public roads.... View More

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