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Questions Answered by Erik Luthens
1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Iowa on
Q: Re: 3rd party financing thru a dealership. Is it legal to have someone sign an assigned contract if its already denied?

A bank denied credit before we signed. Dealer never told us but had same banks name on contracts as assignee.

Erik Luthens
Erik Luthens
answered on Jan 5, 2020

This question is too fact intensive for an online forum. You need to immediately retain an Iowa attorney to obtain an informed opinion.

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Iowa on
Q: I dont want to say too much at unemployment fact finding interview and ruin the osha retaliation investigation. How do I
Erik Luthens
Erik Luthens
answered on Dec 23, 2019

You should immediately consult with an Iowa attorney who specializes in employment law.

1 Answer | Asked in Contracts and Animal / Dog Law for Iowa on
Q: Can I sue a Barn Manager for neglet and verbal abuse? How much evidence would I need to win my case if I choose to sue?

I had my horse in the care of a local barn. A few weeks after I moved him their the barn manager left him and several others without water. Had I not been there to fill up the water buckets I believe that they all would have coliced as they would have been without water for over 12 hours. She also... View More

Erik Luthens
Erik Luthens
answered on Dec 13, 2019

You believe that your horse “deserves justice” because he’s hungry? If you have at least $10,000 to pay an attorney to work towards justice, you might have a case.

1 Answer | Asked in Banking and Civil Litigation for Iowa on
Q: If a bank is paid off and the loans are moved to another bank and the previous bank signed off can they still foreclose

the bank has an on going lawsuit against them and signed off on the loans to be transferd to another bank and the transfer was completed for months now. Now they filed a deficancy on the farm and sold it without our knowledge and now are evicting us. what can be done to stop this?? They also... View More

Erik Luthens
Erik Luthens
answered on Nov 23, 2019

You need to immediately consult with an Iowa attorney who handles real estate matters and farm foreclosures in particular.

1 Answer | Asked in Civil Litigation for Iowa on
Q: What do I need to file to initiate contempt

This is in response to an illegal eviction

Erik Luthens
Erik Luthens
answered on Nov 21, 2019

You need to consult with an Iowa attorney who handles landlord / tenant matters.

1 Answer | Asked in Workers' Compensation for Iowa on
Q: A previous employer still hasn't paid me, it's been 6 months. What can I do? I was told to seek a worker's comp lawyer.

I started working for a person as a dispatcher. It's been 6 months and she is now saying I was an "independent contractor" which was never discussed. She has yet to pay me what is still owed. She also has done this to another lady as well stating that the other lady is an... View More

Erik Luthens
Erik Luthens
answered on Nov 7, 2019

If you were working in Iowa or for an Iowa based company, you should immediately contact an Iowa attorney who handles workers’ compensation and employment law matters.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Iowa on
Q: I worked for a company 6 months ago. They still havent paid me and are now saying I was "self contracted".

I was hired not knowing I was self contracted. The owner kept saying she would pay me on different dates and when those dates came she made excuses and no payment was recieved. She still hasn't paid me what she owes. There is also another "employee" she has done this to, she owes the... View More

Erik Luthens
Erik Luthens
answered on Nov 7, 2019

It appears that the owner of the company is asserting that you are an independent contractor rather than an employee; there are many factors which determine this. You should immediately contact an Iowa attorney who handles employment / workers’ compensation claims.

1 Answer | Asked in Legal Malpractice for Iowa on
Q: I hired a lawyer to file an appeal for unemployment for me. I was told 1week from when I hired him thathis dictation

Did not go through do to a system update internally that he knew was happening. Now we missed the appeal date and I am stuck not able to legally and rightfully fight my case. The firm is offering me $600 and a oops. But I have now been out of work for 6weeks and am broke. I am certain if appealed I... View More

Erik Luthens
Erik Luthens
answered on Sep 5, 2019

The issues are: (1) whether you would have been successful on appeal had your attorney timely performed his duties; and if so, (2) the amount of unemployment insurance benefits you reasonably would have received. If you sue your former attorney for legal malpractice, you would need to retain an... View More

1 Answer | Asked in Civil Litigation for Iowa on
Q: I am the victim of a crime in which the perpetrator has filed for PCR. Is that filed document public information?

I need to know if I am able to go to the Clerk of Court and print a copy of a civil post conviction relief form filed by the perpetrator of a crime against me.

Erik Luthens
Erik Luthens
answered on Aug 13, 2019

Go online to: https://www.iowacourts.state.ia.us/ESAWebApp/ESALogin.jsp and look up the case.

1 Answer | Asked in Civil Litigation for Iowa on
Q: What forms do I need to initiate a procedural due process case

The City wants to demolish my house and denied me a hearing

Erik Luthens
Erik Luthens
answered on Aug 13, 2019

It is more than just filling out a form. I recommend that you immediately hire an Iowa attorney who specializes in real estate / zoning law.

1 Answer | Asked in Medical Malpractice for Iowa on
Q: Can I ask for an attorney if I go to the Emergency Room?

no

Erik Luthens
Erik Luthens
answered on Aug 12, 2019

You can ask for anything that you wish; however, receiving medical treatment in an emergency room does not entitle you to an attorney (as with the situation in which one is charged with a crime and is being held in police custody).

1 Answer | Asked in Personal Injury, Products Liability and Civil Litigation for Iowa on
Q: My fathers civil case trial in Iowa settled in Iowa, now can attorney get the percentage from texas no cap or iowas

In texas they have no amount or percentage capped they can get more than 33% by using texas law in Iowa we get 33% of settlement. texas also charges for court cost experts who testified traveling cost there own plain flew hear. We won was allowed to be reversed we appealed it was sent back to... View More

Erik Luthens
Erik Luthens
answered on Jul 16, 2019

It is unclear as to what you are asking. You need to schedule an appointment (do not randomly call on the telephone) with your attorney and have him or her fully explain what is happening in your case.

1 Answer | Asked in Health Care Law, Medical Malpractice and Public Benefits for Iowa on
Q: What kind of lawyer do I need if an inpatient mental health facility violated their policies?

I placed my teenage daughter in an inpatient mental health facility that had strict guidelines regarding who could contact her and how. She was not allowed to have contact with anyone that I, personally did not put on her list, which was password protected by a password I chose. She could not... View More

Erik Luthens
Erik Luthens
answered on Jun 26, 2019

Did you have a written agreement between the health care facility and you? If so, are the conditions / terms which you assert were violated specifically delineated in the agreement? How have you and / or your daughter been damaged by the health care facility’s breach of the agreement?

2 Answers | Asked in Medical Malpractice for Iowa on
Q: i have been injured by a doctor doing a procedure on me.leg are weak,off balance,limp and fear because of what he did .

was woke up briefly from being sedated ,with him giving me a forceful chop on the procedure site.need some advice on what to do.

Erik Luthens
Erik Luthens
answered on May 29, 2019

You should immediately schedule a consultation with the doctor in question to determine specifically as to what he / she did and whether you need any further medical treatment due to the "forceful chop."

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2 Answers | Asked in Workers' Compensation for Iowa on
Q: My husband was injured at work and is on workers cop. He has not been able to drive. Who should have to pay for a taxi?

I have been driving him everywhere but have to be out of town all weekend for work.

Erik Luthens
Erik Luthens
answered on Mar 26, 2019

The workers' compensation insurance carrier must pay for your husband's reasonable transportation expense of going to and returning from all medical appointments that are authorized by your husband's employer's workers' compensation insurance carrier. If you (or anybody... View More

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2 Answers | Asked in Civil Litigation for Iowa on
Q: Do we have a right to travel on road ways . Hasn't the supreme Court ruled on this is a number of cases??

Since my travel are not commercial related and it's for me to pursue life liberty and right to happiness I don't need a Iowa DOT license ?

Erik Luthens
Erik Luthens
answered on Jan 29, 2019

Yes.

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1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Q: I can prove perjury effected outcome of small claims in Iowa. Can I sue them again in small claims?
Erik Luthens
Erik Luthens
answered on Dec 9, 2018

If the appeal time has not yet run, you should raise that issue on appeal. If the appeal time has passed, you can try to file another action based on the fraud perjury) the other party committed.

2 Answers | Asked in Medical Malpractice for Iowa on
Q: Can I see a Dr for telling me there's nothing wrong with .e and sending me on my way when there was something wrong?

I was referred to this specialist with Mri results and he insisted he read the results and found d nothing wrong yet referring Dr sent him proof of the damage. He did nothing for me and sent me home

Erik Luthens
Erik Luthens
answered on Nov 6, 2018

After you were sent home by the specialist, did you receive any further medical treatment from your primary care doctor and/or any doctor?

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3 Answers | Asked in Car Accidents and Personal Injury for Iowa on
Q: I was in a motorcycle accident Nov 7 2016 I didn't have insurance. The other driver ran a red light and hit me no ins

He was charged for running the light. I was in Iowa City for CPL weeks cracked and broken pelvis had 8 1/2 hr surgery in a wheelchair for a year. I'm still unable to work and require additional surgery. Is their anything I can do since neither of us had insurance?

Erik Luthens
Erik Luthens
answered on Oct 7, 2018

Was the other driver a;so the owner of the vehicle that struck you? Does the other driver own attachable assets? I suggest that you contact an Iowa attorney who handles personal injury claims as soon as possible to discuss your options.

Erik Luthens

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