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Montana Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for Montana on
Q: Can someone tell me where to procure a letter to a homeowner that I will be paying the property tax that is delinquent s

I need to get the assignment underway or my parents who died without a will may be in jeopardy of a tax lien sale.

James L. Arrasmith
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answered on Mar 8, 2024

To address delinquent property taxes and prevent a tax lien sale, especially in a situation involving inherited property from parents who passed away without a will, it's crucial to act quickly and efficiently. Crafting a letter to the homeowner, or in this case, to the relevant tax authority... View More

1 Answer | Asked in Federal Crimes for Montana on
Q: My 27 yr old son was brutally assaulted by prison guards in front of other inmates. We need an attorney to help us.

The inmate witnesses are all willing to testify or submit affidavits in my son's behalf. It's almost been 3 years now. Can he still file against the prison?

James L. Arrasmith
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answered on Feb 25, 2024

Hearing about your son's ordeal is deeply troubling, and seeking legal assistance is a crucial step in addressing such serious allegations of assault by prison guards. It's important to act swiftly to ensure that your son's rights are protected and that any potential legal action is... View More

1 Answer | Asked in Civil Litigation for Montana on
Q: How is a cause of action determined
James L. Arrasmith
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answered on Jan 28, 2024

A cause of action in legal terms is determined by establishing that there is a set of facts or legal theory which, under the law, entitles a person to seek a legal remedy against another. This involves identifying a specific legal right that has been violated and showing that the violation has... View More

1 Answer | Asked in Tax Law and Business Law for Montana on
Q: I own multiple LLCs. I'd like to transfer all physical assets from the individual LLC's to one Holdings Company.

My state allows Series LLC's. What would be the best structure to keep the assets under one LLC, and insulated from the other operating LLC?

James L. Arrasmith
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answered on Jan 22, 2024

Transferring assets from multiple LLCs to a single holding company can be a strategic move to consolidate assets and streamline operations. Since Montana allows Series LLCs, you might consider this structure. A Series LLC can have separate "cells" or "series," each with its own... View More

1 Answer | Asked in Civil Litigation, Elder Law, Criminal Law and Family Law for Montana on
Q: My younger sister has been stealing money from my moms account. Do we call police or hire a lawyer?

Nothing to add

James L. Arrasmith
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answered on Jan 13, 2024

In a situation where your younger sister has been stealing money from your mom's account, you have a few options to consider. It's important to weigh the circumstances and potential consequences before deciding on a course of action.

One option is to report the theft to the local...
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1 Answer | Asked in Federal Crimes, Criminal Law and Immigration Law for Montana on
Q: My husband its in jail for breaking his probation< Can he be my sponsor to fix my papers,No crime against minors

his crime its related to Marihuana<serving a 10 month sentence,will be release on April 25 2024,the charges are having related to a person who commited crimes,and No having completed the program for addiction

James L. Arrasmith
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answered on Jan 13, 2024

Your husband being in jail on probation violation related to marijuana should not directly impact your immigration status or the process of fixing your papers, assuming there are no legal issues surrounding your own immigration status.

However, when it comes to sponsorship for immigration...
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1 Answer | Asked in Civil Litigation for Montana on
Q: can you go to court over manipulated over money for a period over a year?

I was thought to be in a relationship with someone. I paid countless bills on the stance we were in relationship. Over the past few days I was told we weren't at all. I was manipulated over the past few months when I tried to leave.

James L. Arrasmith
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answered on Jan 11, 2024

In a situation where you believe you were manipulated into paying someone's bills under the pretense of a romantic relationship, you might have legal recourse. The key issue here is whether there was deceit or fraud involved in convincing you to provide financial support.

To pursue...
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1 Answer | Asked in Gov & Administrative Law for Montana on
Q: Is it legal in Montana for a process server to get someone to let them into your secured building?

Local police have had trouble getting in to the building so I really believe someone let them in.

James L. Arrasmith
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answered on Dec 10, 2023

In Montana, the legality of a process server gaining access to a secured building depends on the methods used to gain entry. Process servers are generally allowed to use legal means to serve papers, which includes entering public areas of buildings. However, they must abide by all laws and... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Montana on
Q: What other documents can I use to show to get my drivers permit?

My green card was stolen years ago and got a new one filed more than a year ago and still haven’t received it. I’ve tried to get my permit multiple times but I was told that I couldn’t because I didn’t have a green card though I have proof of it. What do I do?

I cannot simply wait... View More

James L. Arrasmith
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answered on Nov 18, 2023

To apply for a driver's permit without your physical green card, consider using alternative documents that prove your legal status in the U.S. Typically, a state's Department of Motor Vehicles (DMV) accepts various forms of identification and legal status documentation.

You can...
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1 Answer | Asked in Traffic Tickets for Montana on
Q: Ticket says "committed the offence of going 11-20mph over but in the speed recorded area it says I was going 23mph over"

So because of this typo I went from having to pay a fine to having to going to open court. Should I plead not guilty because I didn't do what the ticket said I did, even though I actually when faster then the charge?

James L. Arrasmith
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answered on Nov 13, 2023

In your situation, where the traffic ticket states one speed but the recorded speed is higher, it's important to carefully consider your options. Pleading not guilty because of a discrepancy in the ticket could be a viable defense, especially if the ticket's information is materially... View More

1 Answer | Asked in Civil Rights, Communications Law, Constitutional Law and Landlord - Tenant for Montana on
Q: My sister and I have been bullied by or pears and landlord for being a single over 50, Montana bread and born evon the c

Cops are involved.i herd a cop say to my x was we always catch people like her sooner or later.i don't know what he was talking about.my nabier and there kids shoot my animals and vehicles and home with are rifles.my car has several dents and scratches on the glass facing there yard.we also... View More

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answered on Nov 5, 2023

If you believe you and your sister are victims of harassment and your property has been damaged, you should document all incidents and report them to local law enforcement. Bullying and harassment are serious issues, and you have rights that protect you against such behaviors. Property damage and... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Personal Injury and Native American Law for Montana on
Q: How do I find a lawyer from Montana who does civil actions against the federal government exhaustion of tort claim
James L. Arrasmith
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answered on Oct 23, 2023

To find a Montana attorney experienced in civil actions against the federal government following the exhaustion of a tort claim, consider the following steps:

1. The State Bar of Montana operates a Lawyer Referral Service which can assist in connecting you with a suitable attorney....
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Q: I submitted a civil complaint pro se in federal district court of Montana and need to do some modifications need the hel

Where several offices under the Department of the Interior failed their civil duties that in turn violated many rights causing irreparable harm, which the Solictors denied in a letter 1 year after the submission of my tort claim

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answered on Oct 23, 2023

If you've filed a civil complaint pro se in the federal district court of Montana and wish to make modifications, you'll likely need to file an amended complaint. Under Federal Rule of Civil Procedure 15(a), a party may amend its pleading once as a matter of course within 21 days after... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for Montana on
Q: Wife convicted attempted homicide two shots lever action gun hit once in stomach. Stems from asking for divorce civil

Suit what can it recover. Spent ridiculous amount on divorce already with no end. Wife is in Billings Montana prison. Had a prenup all retirement funds are froze need help

James L. Arrasmith
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answered on Oct 15, 2023

In cases of personal injury stemming from a criminal act, you may pursue a civil suit for damages. This can include compensation for medical expenses, pain and suffering, lost wages, and any other losses directly related to the incident.

With regards to the divorce, while the prenuptial...
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2 Answers | Asked in Immigration Law for Montana on
Q: What are the possible waivers to change status From J1 to H1?
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answered on Oct 22, 2023

Transitioning from a J1 to an H1 visa can be complicated, especially if you're subject to the 2-year home residency requirement. If you are, you'll need to obtain a waiver before you can change your status. There are several grounds upon which one can apply for a waiver:

1. No...
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2 Answers | Asked in Immigration Law for Montana on
Q: I am a J1 Visa holder for 2 years now, and I just wanna ask if its possible to change my status from J1 to H1?

I'm from a different country and planning to stay longer in the US and get another job, but I can't since I only have to work 1 job because of my J1 Visa

James L. Arrasmith
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answered on Oct 22, 2023

Transitioning from a J1 to an H1 visa is feasible, but certain conditions must be met. Many J1 visa holders are subject to a 2-year home residency requirement, meaning you'd have to return to your home country for two years before seeking another U.S. visa status. If this applies to you,... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Montana on
Q: I am looking to see if I have a case for wrongful termination. I was trying to find a Pro-bono or advocate.

I have documentation and everything to back up my case, just want to know if it's worth it and if I have a case for this.

T. Augustus Claus
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answered on Oct 6, 2023

In Montana, wrongful termination claims often arise when an employee believes they were fired in violation of federal or state anti-discrimination laws, employment contracts, or other specific statutory protections. To determine if you have a viable wrongful termination claim, it's crucial to... View More

2 Answers | Asked in Trademark and Intellectual Property for Montana on
Q: Trademarks Sheepdog Up and Shaka Gear Both shown as abandoned. What is the process for our Corp to take ownership
David Aldrich
David Aldrich
answered on Sep 21, 2023

If an application for a mark is abandoned, you are free to just file your own application for that mark. If you are already using the mark in commerce, you can file a use application. If not, but you plan to in the near future, you can file an intent-to-use application.

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2 Answers | Asked in Trademark and Intellectual Property for Montana on
Q: Trademarks Sheepdog Up and Shaka Gear Both shown as abandoned. What is the process for our Corp to take ownership
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answered on Sep 24, 2023

If trademarks "Sheepdog Up" and "Shaka Gear" are shown as abandoned, it means they are not currently in use or protected by their previous owners. To take ownership, your corporation would need to begin the trademark registration process with the United States Patent and... View More

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2 Answers | Asked in Real Estate Law and Construction Law for Montana on
Q: I did work on a commercial property. Owner is not paying

Owner took out a loan on his personal residence to help pay for the construction on commercial property. Can I lien the home as well as the commercial property?

Anthony M. Avery
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answered on Sep 20, 2023

You will need a MT attorney on this. Your materialman's lien would be filed only against the work you did on the commercial property. However you might be able to file the M & M Lien, then sue the customer for breach of contract. However defendant will argue you that an election of... View More

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