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Questions Answered by Julie Fowler
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

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: If there is no legal custody set up for my child. can I be called in for kidnapping if I decide to keep my child.

I picked up my child for Christmas break and when I did, I smelled marajuana in the house that she was living in. After doing an at home drug test and it coming up positive, I have decided to have my child live with me. My child's mother is insistant that I need to return her however custody... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

It depends. It is rare for there to be grounds for a kidnapping charge to be filed against a parent of a child. If you are not legally established as the father, then there may be grounds for kidnapping. If you haven't seen your child in years, then there may be grounds. If there is an... View More

2 Answers | Asked in Family Law for Nebraska on
Q: Is my marriage legal and how do I apply for a new marriage license with someone else? Is my married name legal?

After my husband passed away I found out he was still legally married to someone else

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

If your husband (or presumed husband) is deceased at this time, then it doesn't matter whether you were legally married previously or not for purposes of marriage/re-marriage. You can move forward with getting a marriage license with your fiance since your prior (presumed) spouse is deceased.... View More

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2 Answers | Asked in Civil Litigation and Civil Rights for Nebraska on
Q: Are places allowed to ban you from coming back IF the pharmacy you go to is in the building? Is there a work around?

The context is that I went to a store for a money order. Staff are horrible with noticing people at customer service. Typically when it's like that, I will look around the store and think of if I need anything. Which, staff were glaring at me. After getting the money order, I get some stuff... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

So long as the reason is not discriminatory, a private place of business can ban you from entering their premises. You can speak with management to see if they will un-ban you or if there is another work around. There are also options like delivery and mail order pharmacy depending on the... View More

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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My family moved out of our rental at the end of October 2023. At move-out inspection, landlord indicated damage present.

He thought 1 wall was not correctly patched and should be replaced and upstairs and basement living carpets were stained and must be replaced. He indicated we would settle it between us. Husband told him to just keep the deposit. We waited 35 days from then before following up. We have not yet... View More

Julie Fowler
Julie Fowler
answered on Dec 22, 2023

The Nebraska Legal Aid Landlord Tenant Handbook is a often a good place to start and includes some samples and forms. It is a little bit dated but most of the information is still good and it is often a good place to start for information.... View More

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