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Questions Answered by Julie Fowler
1 Answer | Asked in Small Claims for Nebraska on
Q: I paid bail for an individual and their case is done now and they spent the refund money. Can I get that money back?
Julie Fowler
Julie Fowler
answered on Jun 12, 2024

If a friend borrowed money from you (to make bail or otherwise) and did not pay it back as promised, you can potentially bring an action against them to force them to follow the terms of your agreement.

If the dollar amount is lower, you can potentially bring the action in Small Claims...
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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Ex hasn't seen kids in 10 years and moves out of state can i change visitation. I have full physical and legal custody.

My ex has asked to give up rights and tells everyone that the kids are not his. They don't even know who he is. I am worried if he ever does come around that it will cause a lot of harm to the kids because he is basically a stranger. He currently has a protection order on him from his recent... View More

Julie Fowler
Julie Fowler
answered on Jun 12, 2024

If there has been a material change in circumstances, you can file a modification action to ask the Court to change the parenting time provisions. If the other parent has been an absent parent for many years, this could include requesting a change to require supervised parenting time or some type... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Nebraska on
Q: I finally filed for divorce from my husband who was very emotionally, verbal, and towards the last year of marriage.

I was the primary caregiver to our girls, only getting a part-job because I was tired of money being thrown in my face and cutting off my access to cards when we fought about his drinking. the judge sided with my ex claiming that I didn't change my work schedule (im in health care) and he had... View More

Julie Fowler
Julie Fowler
answered on May 23, 2024

Is your divorce action still pending? If only a temporary order was entered, you have a lot more options than if the final divorce decree was already entered. From the wording of your question, it sounds like you may already be divorced at this time. You only have 10 days after the divorce decree... View More

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Nebraska on
Q: Can the county attorney office ignore me and destroy my weapons that were in a friend's safe that was raided? I want my
Julie Fowler
Julie Fowler
answered on May 23, 2024

It depends on why the County Attorney is denying the request. See Nebraska Revised Statute Section 29-820 for some examples of when the firearms are required to be destroyed under Nebraska law once no longer needed as a part of evidence in a criminal case. If such is the case, you don't have... View More

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1 Answer | Asked in Small Claims for Nebraska on
Q: I have loaned someone 900 dollars and told her she didn't need to pay it back 3 months later.

It came out of a joint account, my husband wants the money back, can he take her to small claims court if she doesn't pay it?

Julie Fowler
Julie Fowler
answered on May 9, 2024

Legally, a loan must be repaid. Legally, you can be required to pay back a gift. If there is a question as to what it was, a judge can decide whether it was a loan or a gift and whether it needs to be paid back or not.

1 Answer | Asked in Gov & Administrative Law for Nebraska on
Q: If I bought a filing cabinet at an estate,and found a bill of sale and title,is it legally mine?

It's to a tractor and the filing cabinet was sold to me (as is)

Julie Fowler
Julie Fowler
answered on May 9, 2024

Sometimes important documents get misplaced. Generally losing your title to a vehicle doesn't mean the person that finds the title now gets your vehicle. The person listed on the title of the vehicle is very likely still the legal title holder.

1 Answer | Asked in Child Support, Divorce and Family Law for Nebraska on
Q: If you are divorced and court ordered to pay child support but the ex-spouse and child still live in home,do u hav 2 pay
Julie Fowler
Julie Fowler
answered on May 9, 2024

The other parent and child moving into the home is not an automatic ground to terminate the child support order. However, assuming this is a material change since the Decree was entered, you may have good grounds to ask the Court to terminate the child support due to the direct support being... View More

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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