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Idaho Questions & Answers
1 Answer | Asked in Animal / Dog Law, Civil Litigation and Personal Injury for Idaho on
Q: What actions can I take if someone steals my dog in Idaho?

I believe my dog was stolen by someone in Idaho, and I've seen this person with my dog. I know where the person resides, and I've tried to confront him, but he became violent. Local law enforcement says it's a civil matter, but I need to know my rights regarding this situation. I... View More

James L. Arrasmith
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answered on Apr 13, 2025

I'm sorry to hear about the distressing situation involving your dog. In Idaho, pets are legally considered property, and taking someone's pet without permission can constitute theft. Despite this, law enforcement may categorize such incidents as civil matters, especially if there's... View More

2 Answers | Asked in Public Benefits, Collections and Real Estate Law for Idaho on
Q: Options for title loan default and SSI protection in Idaho?

I have a title loan in Idaho with a remaining balance of $3,900. I am on SSI income and can no longer afford to pay the loan. I'm also no longer driving the car associated with the loan. The lender has warned that if I default, they will obtain a judgment and attempt to take my SSI income, but... View More

Anthony M. Avery
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answered on Mar 23, 2025

Hire an ID attorney to determine your State Exemption Rights, as well as how to protect SSI benefits. Once that SSI is in a bank account, it might get garnished.

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1 Answer | Asked in Real Estate Law and Libel & Slander for Idaho on
Q: Is it slander of title if a neighbor refuses to recognize a documented easement in Idaho?

In Idaho, I have proof of a driveway easement dating back to 1970 for access to my otherwise landlocked property. Although my deed states "no deeded access," a mortgage was secured on the property in 1988. Recently, I was denied a conventional bank loan due to the lack of deeded access,... View More

James L. Arrasmith
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answered on Apr 13, 2025

In your case, the neighbor's refusal to recognize a documented easement could potentially amount to slander of title, but there are a few important factors to consider. Slander of title typically occurs when someone makes false claims about a property that harm its value or marketability. If... View More

1 Answer | Asked in Animal / Dog Law and Small Claims for Idaho on
Q: Can I take a vet to small claims court for misdiagnosis after my dog died?

I took my dog to a vet on a Tuesday, and she was diagnosed with a stomach infection. She stayed at the clinic until Saturday, but didn't improve. A week later, I took her to a different vet for a second opinion, where an x-ray revealed a rock in her stomach. An emergency surgery was performed,... View More

James L. Arrasmith
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answered on Apr 13, 2025

You may be able to take the first vet to small claims court for misdiagnosis if you can show that their actions directly led to your dog's death. The evidence you have, including the x-ray from the second vet and the medical records, will be important to establish that the initial diagnosis... View More

1 Answer | Asked in Contracts and Intellectual Property for Idaho on
Q: Agreement on invention with NDA, $785,000 search cost, tech health design.

I signed an agreement with a Non-Disclosure Agreement (NDA) concerning my invention, which involves tech health and custom design. The person I signed with is charging $785,000 to conduct a full search to find out if there are any ideas similar to mine. There was no prior agreement or clause about... View More

James L. Arrasmith
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answered on Mar 20, 2025

$785,000 for an invention search is extraordinarily high and raises serious red flags about the intentions of the person you've signed with. Normal patent searches or prior art investigations typically cost between $1,000-$5,000, with complex searches rarely exceeding $20,000, making this... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Can a case be dismissed if the charge date is before the warrant issue date?

I was charged with possession of methamphetamine on January 30th, 2025, but the paperwork indicates the warrant wasn't issued until January 31st, 2025. Additionally, there are several discrepancies in the paperwork related to this crime. Should my case be thrown out due to these issues?

James L. Arrasmith
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answered on Apr 13, 2025

The discrepancies you mention, particularly with the charge date being earlier than the warrant issue date, could potentially be significant, but they don't automatically mean your case will be dismissed. In criminal law, timing issues, such as when a charge is filed versus when a warrant is... View More

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: Will Idaho courts consider my new husband's income in child support modification?

I recently remarried, and my child will need behavioral help at an inpatient facility. I want to modify the Idaho child support order. There is an existing court order, but changes haven't been made since around 2016. My child hasn't seen the other biological parent since they were 15... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Idaho, your new spouse’s income typically isn’t directly considered when modifying a child support order. Courts primarily focus on the income of the biological parents when evaluating support obligations. However, your household's overall financial situation, including shared expenses,... View More

1 Answer | Asked in Criminal Law, Banking and White Collar Crime for Idaho on
Q: Will I get in legal trouble for sending money to an inmate in Idaho via CashApp?

I sent an inmate $30.00 via CashApp as a thank you, not realizing this was illegal. I also sent them an image of the transaction through email. The image got denied for “Directing or conducting any business operations, except as necessary to close out a business.” I have no record, and I’m... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand your concern about sending money to an inmate in Idaho. Each correctional facility has specific rules about how inmates can receive funds, and using unauthorized methods like CashApp might violate these regulations. The rejection of your email attachment suggests the facility has... View More

1 Answer | Asked in Real Estate Law and Contracts for Idaho on
Q: Can I remove unresponsive parents from deed/note after repaying?

I purchased a home with my parents in 2018, splitting the down payment equally. Since the purchase, I've been solely responsible for all mortgage payments, HOA fees, and utility bills. Despite trying to repay my parents for their portion of the down payment, they have been unresponsive. They... View More

Anthony M. Avery
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answered on Feb 19, 2025

No... You are paying off someone else's note. Owners could take possession from you. Try to buy it from them subject to the secured note and mortgage. But you will need the lender to okay you becoming the liable party. A refinance and purchase might be in order.

1 Answer | Asked in Family Law and Civil Rights for Idaho on
Q: CPS violated my rights. Due process. Unreasonable search and seizure. Right to Fair trial. Right to privacy.

CPS is unexpected visit after the child on my birth and justified to a spiteful friend with accusations. A single conversation led to the 9:00 p.m. raid they took my baby. CPS acted outside the bounds of law. The case built on accusations and character assaults. No reunification process.

James L. Arrasmith
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answered on Feb 8, 2025

Facing a situation where CPS has taken your child based on accusations can be overwhelming and deeply distressing. You have constitutional rights, including due process, protection from unreasonable searches and seizures, and the right to a fair trial. If CPS entered your home without a warrant,... View More

1 Answer | Asked in Family Law and Tax Law for Idaho on
Q: If it's my sons fathers year to claim him on taxes but he has fled the state and paid none can I claim our son

My sons father and I have a child support court order, we must switch off years to claim our son on taxes and this first year is his year. Yet he has not had a job and has specifically used this as a reason I will never be paid the support. Our son lives with me full time and rarely even has... View More

James L. Arrasmith
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answered on Jan 28, 2025

If your son's father is not meeting his financial obligations and your son lives with you full time, you may have grounds to claim your child on your taxes despite the alternating agreement. The IRS prioritizes residency and financial support when determining who can claim a child as a... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: If they haven't been convicted yet why is that charge on the case already?

Charges that been to trial yet, but icourt lists what he was originally charged with plus habitual yet the law reads if convicted it adds a sentencing minimum, but it's listed as a felony. So how can it be another charge if not convicted. It's like make sure the jury won't let him... View More

James L. Arrasmith
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answered on Dec 21, 2024

When a case is filed, all potential charges, including any enhancements like habitual offender status, are listed upfront. This is standard procedure to inform both the defense and the prosecution of the full scope of allegations. It ensures transparency in the legal process and allows the defense... View More

2 Answers | Asked in Immigration Law for Idaho on
Q: I am Canadian and in US. How can I marry my American boyfriend of 2 years ASAP? My visa just changed from a J2 to an F1.

I am a Canadian citizen, and despite not having left the States in a couple of years, (and having resided in the US for the better part of 10 years before that) I needed to briefly cross the Canadian border the other day in order to change my J2 visa to an F1 visa. The reason for that is because I... View More

Joshua Joseph Despain
Joshua Joseph Despain
answered on Dec 19, 2024

Thanks for your question. The good news is that you have a fairly straightforward path to adjusting status to permanent residency. As long as you are married to a U.S. citizen, entered the country lawfully with status, and have no serious criminal history, then you should be qualified and approved.... View More

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1 Answer | Asked in Personal Injury and Health Care Law for Idaho on
Q: Do I have any chance with a case? Feb 14th 23' I was dropped on my R artificial knee. Broke my femur & both ankles.

Feb. 2023 I came to help out my housebound mother and to celebrate my Pop's birthday. Pos was a residence at Lakeside in Polson. I got severely sick and was taken to St Luke's in Ronan. Admitted for severe dehydration and RSV. I needed to go potty and had voiced that since I had been... View More

Tim Akpinar
Tim Akpinar
answered on Nov 25, 2024

An Idaho attorney could advise best, but your question remains open for a week. I'm sorry about your ordeal. From your post, it looks like this happened in February 2023. I do not practice in Idaho but based a quick check of online information available to the general public, it looks like the... View More

1 Answer | Asked in Uncategorized for Idaho on
Q: If you are under the age of 18, lets say 15 then do parents have the right to destroy anything you own or was a gift?

I received a ps4 for my 13th birthday and I’m now 18. Can they still damage or destroy it without any consequences?

James L. Arrasmith
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answered on Oct 18, 2024

When you were 15, your parents had the authority to manage your belongings, including gifts like a PS4. They could make decisions about your property while you were still a minor.

Now that you are 18, you are legally an adult, and your parents no longer have the same rights over your...
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1 Answer | Asked in Business Law for Idaho on
Q: I’m am leaving my job and they are asking me to pay for my training at a pro rated amount. I never signed a contract
Tim Akpinar
Tim Akpinar
answered on Nov 4, 2024

An Idaho attorney could advise best, but your question remains open for three weeks. You could repost and add "Employment Law" as a heading. Attorneys in that category would be knowledgeable in these settings. Good luck

2 Answers | Asked in Bankruptcy and Divorce for Idaho on
Q: What are my options here? cosigned on ex's car. She just filed for Bankruptcy. What do I do?

I cosigned with my ex-wife on a vehicle she kept in the divorce. She never refinanced. She filed for bankruptcy last month. I can't afford to take on the loan. What do I do?

Timothy Denison
Timothy Denison
answered on Oct 15, 2024

If she was awarded the care in the divorce, she likely got the debt too. You may be able to get relief in your divorce action.

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1 Answer | Asked in Uncategorized for Idaho on
Q: When an officer gets a warrant to search a device to obtain evidence ,can he keep the property from which it was seized.

The phone was in a vehicle where the passenger was arrested. The driver/owner of the vehicle was released to leave the scene,The officer the reached into the vehicle and took possession the suspects phone in order to get a warrant the search the phone at a later date.The warrant was for the phone... View More

James L. Arrasmith
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answered on Oct 10, 2024

If your phone was seized during an arrest and the case was later dismissed without prejudice, you generally have the right to have your property returned. The warrant was specifically for searching your phone and obtaining digital evidence, not for permanently keeping your device. Once the... View More

1 Answer | Asked in Estate Planning and Family Law for Idaho on
Q: A Trust is registered in more than one county in different years. Which one is legal?

One trust is a revocable living trust that became irrevocable in 1997 (QTIP) and 1999. The partitioned portion of the trust for minor beneficiaries was not filed until 2015 as was done so in a different county but within the same state. The 2015 filing states the Trust has not been filed before.... View More

Anthony M. Avery
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answered on Sep 25, 2024

You will need an ID attorney search the titles in both Counties, and read whatever Trust Instruments available. Who is the Trustee? No lawyer can give you competent answers without a proper investigation.

1 Answer | Asked in Intellectual Property, Land Use & Zoning and Real Estate Law for Idaho on
Q: My dad built a house on someone's else's property he passed, do I have any rights to it,
James L. Arrasmith
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answered on Sep 27, 2024

When your dad built a house on someone else’s property, it complicates matters legally. The key issue here is that the land belongs to someone else, and ownership of a house generally follows ownership of the land it’s built on. Unless there is a specific agreement or legal documentation that... View More

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