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Nebraska Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Nebraska on
Q: wronfully convicted

awarded my appeal after being in work release but never notified so conviction stuck how do i go about this

Julie Fowler
Julie Fowler
answered on May 24, 2023

If you are successful on appeal, the Appellate court can do a number of things. For example, the appellate court can send back to the trial court for further hearing or the appellate court can issue a new final ruling without further hearing. What your options are depend on what specifically... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: If the petitioner contacts the respondent from jail can the respondent be charged for VOP for each phone call made

The conversation on the phone was about their child in common and how to get $15000 to bond the petitioner out of jail which the respondent did

Julie Fowler
Julie Fowler
answered on May 24, 2023

The protection order is against the respondent, not the petitioner. Thus, the petitioner would not be charged even if they initiated contact to the respondent. The respondent could be charged with a violation of protection order for responding. When determining whether to file the violation of... Read more »

2 Answers | Asked in Immigration Law for Nebraska on
Q: How can an undocumented immigrant marry a u.s. citizen and how,they have no paperwork?

I am a born and raised citizen,she is from Mexico,with no D.a.c.a. ,how can we legally get married?

Julie Fowler
Julie Fowler
answered on May 24, 2023

As long as you meet the requirements to get a marriage license, you should be able to get married. Generally, it is not difficult to meet the marriage license requirements. They include things like minimum age requirements to marry. You can find the requirements for a marriage license on the... Read more »

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2 Answers | Asked in Immigration Law for Nebraska on
Q: How can an undocumented immigrant marry a u.s. citizen and how,they have no paperwork?

I am a born and raised citizen,she is from Mexico,with no D.a.c.a. ,how can we legally get married?

James L. Arrasmith
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answered on Jun 1, 2023

An undocumented immigrant can marry a U.S. citizen, but there are some restrictions. The undocumented immigrant must be physically present in the United States when they marry the U.S. citizen. They must also be able to prove that they are legally able to marry, such as by providing a birth... Read more »

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1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Nebraska on
Q: NEB/ my child support case required a referree report, is it true a referee is only required for step parent/non custdia

ive never did a paternity test but i did sign the birth certificate & a AOP i had a child support case which was dismissed because my son is with me more then his mother & ive had insurance since he was born, a referree report was required, i had 14 days to come back to court which i was... Read more »

Julie Fowler
Julie Fowler
answered on May 24, 2023

The Child Support Referee is a type of judge that primarily handles child support cases. One way to think about it is to think that the child support referee is under the supervision of the district court judges. There are so many child support cases and it helps to have a specialized judge to... Read more »

2 Answers | Asked in Family Law, Real Estate Law, Collections and Municipal Law for Nebraska on
Q: How can I protect myself and my property from debtors who are suing my girlfriend, whose name is on the deed also ?

We've been together 20yrs, but never married. We are both on Social Security Disability, and rely on each other in times of need. Her name is on the deed simply because I have no living relatives to leave anything to. (I've paid for the property outright from an inheritance) She's... Read more »

Julie Fowler
Julie Fowler
answered on May 11, 2023

She needs to defend against the action that she was served with and speak with an attorney now. She likely need to file a response with the Court now and take other actions to respond to the lawsuit or she may unintentionally waive some of her rights. If the creditor is persuing the home and you... Read more »

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2 Answers | Asked in Family Law, Real Estate Law, Collections and Municipal Law for Nebraska on
Q: How can I protect myself and my property from debtors who are suing my girlfriend, whose name is on the deed also ?

We've been together 20yrs, but never married. We are both on Social Security Disability, and rely on each other in times of need. Her name is on the deed simply because I have no living relatives to leave anything to. (I've paid for the property outright from an inheritance) She's... Read more »

Peter J. Weinman
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answered on May 12, 2023

Attorney Fowler is correct and offered good advice (and she's licensed in your state). To directly answer your question, though, from my NY perspective, it's too late now to remove her name from the deed. To do so in contemplation of litigation would be a fraudulent conveyance, and any... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Nebraska on
Q: We bought a used camping trailer and were told everything worked in OCT. 2022. When we got it home it sat till middle

of April. Ref. don"t work on electricity, parts gone from it couldn't have worked at their sales. Says 30 warranty over. They won't help us, what can we do now? The parts that are missing no way it could have worked for them.

Julie Fowler
Julie Fowler
answered on May 9, 2023

If you have a purchase agreement or other contract, you would need to review the terms of your agreement. Unless there is a fraud or another bad act, the Court will generally hold both parties to the terms of the written agreement so reviewing the contract is generally one of the first places to... Read more »

1 Answer | Asked in Employment Law for Nebraska on
Q: My previous employer is basically refusing to pay me on a couple of missed deposits

While working for Casey’s, I was working more hours than anyone. Not only was I told I needed to start clocking out and continuing my work but they also owe me a lot of money. While doing my 2022 taxes I had noticed a couple of pay dates that were not deposited into my accounts. I emailed the... Read more »

Julie Fowler
Julie Fowler
answered on May 9, 2023

You have a number of options. Accounting errors due happen and are generally resolved by the employee bringing such to the employer's attention.

However, if an employer is not paying for wages earned, you can make a complaint for such through the Nebraska Department of Labor:...
Read more »

2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: Hello, I finally got to the court date and now they say the complaint was not signed. Everything canceled what do I do.

I have no attorney, I done all they asked. I had a court date now I don't. Because they say the complaint wasn't signed. Not sure what they are talking about. Is there anything I can do to get the proceedings back on track to get this divorce over with. Thank you for your help

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on May 9, 2023

Hello. There is a lot of more specific information required for an attorney to help make sure you followed everything required. I'm assuming that you are talking about an original divorce action where you are the Plaintiff based on your characterization of this question as divorce. Your best... Read more »

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2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: Hello, I finally got to the court date and now they say the complaint was not signed. Everything canceled what do I do.

I have no attorney, I done all they asked. I had a court date now I don't. Because they say the complaint wasn't signed. Not sure what they are talking about. Is there anything I can do to get the proceedings back on track to get this divorce over with. Thank you for your help

Julie Fowler
Julie Fowler
answered on May 9, 2023

There are certain court procedures that you must follow to complete your divorce. If the Court finds that the Complaint is not valid, you may be able to fix the complaint by filing an amended complaint.

If the complaint is not fixable, you may need to file the complaint again as a new...
Read more »

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1 Answer | Asked in Small Claims for Nebraska on
Q: Is 100$ worth going to small claims court over (Omaha, NE)

I had a friend borrow just about 100$ from me through CashApp. I just found out that she has no intention of paying me back. Cashapp couldn't recover the money. Is this worth it? I do have records of the transactions but I do not have records of the conversations. They were on snapchat though... Read more »

Julie Fowler
Julie Fowler
answered on Apr 28, 2023

If it was a gift, the person doesn't have to pay you back. If it was a loan, you can bring an action to ask the Court to force the other party to pay you back pursuant to the terms of your loan agreement, even if it was an oral argument. You can review your evidence to see if you have enough... Read more »

1 Answer | Asked in Consumer Law and Construction Law for Nebraska on
Q: Contractor replaced siding and gutters on my home as agreed. When I returned home, I found my screen porch gone

Contractor explained workers were at the wrong house. It was a mistake. I’ve given four months of opportunity for them to replace the porch as it was and they stayed there done but the porch is not as it was due. I have to pay them.

Julie Fowler
Julie Fowler
answered on Apr 28, 2023

You would likely need to at least pay them for whatever work they did accomplish minus whatever reasonable damages still remain from what they did when they accidentally removed the porch. You would need to speak with an attorney about the specifics of your case to see if that is your best course... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: What is the proper motion to file to ask for immediate return to home in a CPS involved case?

The kids are in an unsafe home & rather than admitting they did something wrong, CPS is digging their heel in & doubling down by ignoring obvious safety issues and hiding or just not showing the judge reports made against this home by neutral parties. What is the proper motion to file to... Read more »

Julie Fowler
Julie Fowler
answered on Apr 28, 2023

There isn't a specific motion for this. What you file depends on the specific facts of the case, what specific evidence you have, and where you are at in the process. Sometimes the better course of action is to first share your evidence with CPS and the guardian ad litem to investigate... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Nebraska on
Q: I sold my truck. The buyer has not transferred the title. Am I liable if he has an accident? What is my protection?

The buyer is my (idiot) son. I believe he is driving without insurance also. I know he has not transferred the title and registered in his name since I got the notification for an unpaid parking violation.

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2023

A Nebraska attorney could advise best, but your question remains open for four weeks. Your best protection is prompt registration and insuring of vehicle in the new owner's name (it may have already been done at this point). The problem is that in an accident lawsuit in most jurisdictions, the... Read more »

1 Answer | Asked in Estate Planning and Probate for Nebraska on
Q: Do we have to go through probate to receive the funds in one annuity account of unknown $ amount?

My sister passed away last year. She had named her two children as beneficiaries on all of her accounts except this one. Her total estate was slightly over $100,000, so we can't use the Small Estate Affidavit or Transfer of Personal Property Without Probate forms. Is there a simpler way to... Read more »

Anthony M. Avery
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answered on Apr 20, 2023

Who is the beneficiary? That person needs to make a claim against the insurance co. for the annuity death benefit. Legal Suit is very difficult as to which jurisdiction to sue in, which is probably not the State you are in. Read the Annuity Contract and hire a NE attorney to start making a... Read more »

2 Answers | Asked in Bankruptcy for Nebraska on
Q: Chapter 7 bankruptcy in inherited

I became disabled. I need to file chapter 7 bankruptcy. I am about to receive inherited money in new few months. The problem is i owed more than I will receive. don’t know what to do. can someone help

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 19, 2023

As you may know, there is a provision in the Bankruptcy Code that would include assets you receive by inheritance within six months of your inheritance. In other words, kiss your inheritance goodbye.

You don't include any real facts, like, amouts of debt or probable amount of...
Read more »

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2 Answers | Asked in Bankruptcy for Nebraska on
Q: Chapter 7 bankruptcy in inherited

I became disabled. I need to file chapter 7 bankruptcy. I am about to receive inherited money in new few months. The problem is i owed more than I will receive. don’t know what to do. can someone help

Julie Fowler
Julie Fowler
answered on Apr 28, 2023

I don't disagree with the other attorney. However, when you speak with a bankruptcy attorney, you may want to make sure they also handle estate planning matters. If not, you may also need to speak with an estate planning attorney as well. If it sounds like any inheritance you receive may... Read more »

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1 Answer | Asked in Personal Injury for Nebraska on
Q: In December I slipped on ice on my current apartments main pathway to the mailbox. The area was not taken care of

I'm a disabled veteran and need help. I was informed after I fell about the possibility of ice being forecasted. I went to get my mail at the mailboxes and I slipped on the ice on the front steps. I landed directly on the corner of the step to the small of my back. I have video evidence from... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 18, 2023

A Nebraska attorney could advise best, but your question remains open for a week. I'm sorry about your accident and injuries. Thank you for your service. It sounds like you've already reached out to law firms. I can't say anything about the reason for the difficulty in finding... Read more »

2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: My wife has taken our children out of state (from NE to AZ). Is there anything I can legally do to stop her?
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Apr 17, 2023

Yes. If you file for dissolution and an ex parte motion for temporary custody, your spouse is very likely to be ordered to return the children to Nebraska as all 50 states have enacted some version of the UCCJEA. If you do nothing and six months passes, then the new state would likely be considered... Read more »

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