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Idaho Questions & Answers
1 Answer | Asked in Landlord - Tenant for Idaho on
Q: I live in Washington state at my parents house they kick me out kept all my belongings do I have compensation
Kevin M Rogers
Kevin M Rogers
answered on Aug 6, 2020

It depends. Were you renting from them? Did you pay them rent and have an actual rental contract? Probably not. Therefore, it's a "mom & dad" thing, huh?

1 Answer | Asked in Bankruptcy for Idaho on
Q: If a trustee files a motion to dismiss your case why is it legal for them to still take away your assets?
Timothy Denison
Timothy Denison
answered on Aug 6, 2020

It is permitted under the US Code in certain circumstances as a sanction or punishment for actions such as fraud or noncompliance.

1 Answer | Asked in Child Custody and Child Support for Idaho on
Q: My parents are both emotionally immature could I get custody of my 15 yr old sister being 22 myself. I have my own place

They've been very abusive, emotionally abusive, and have neglected her to the point where she takes care of herself to the best she can. But I just want to give her more, and teach her skills my parents should've. I have a good job and she was also thinking of getting a job so we'd... View More

Kevin M Rogers
Kevin M Rogers
answered on Aug 3, 2020

You sound like an emotionally mature, young man and an adult by Idaho law. Idaho Title 15, Chapter 13 provides that you may apply to become her permanent guardian, even at your young age. If your parents object, so be it. It sounds like you have plenty of anecdotal evidence of your irresponsible... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: If someone cuts your break lines on your vehicle.What is the penalty in idaho
Kevin M Rogers
Kevin M Rogers
answered on Aug 3, 2020

It's called "Malicious Injury to Property," a violation of Idaho Code Section 18-7001. If the damage is over one-thousand ($1,000) dollars, then it's a felony and punishable by a fine of up to five thousand ($5,000) dollars and/or imprisonment of not more than five (5) years, or both.

1 Answer | Asked in Lemon Law for Idaho on
Q: Bought a used car in March, as is, from a car lot. The transmission separated. What are my options against the dealer?

The car was as is, but since March, supposedly aftwr this car was certified by ASC mechanics, the rack and pinion tore itself apart and the transmission separated. The dealer said oh well, let,me find you a mechanic. If this car was certified it should not have fallen apart this quick. So what are... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 30, 2020

"AS-IS" means exactly what it says. The only way this can be attacked if if the SALESMAN contradicted the "AS-IS" sign in the windshield and represented something akin to a "specific representation," such as mentioned "this car was certified just prior to you... View More

1 Answer | Asked in Contracts for Idaho on
Q: Can you review a contract for me General Liability Release of Claims
Kevin M Rogers
Kevin M Rogers
answered on Jul 30, 2020

I will be happy to review it for you!

1 Answer | Asked in Civil Litigation for Idaho on
Q: If I sign the service notice that came with the petition, is that just an acknowledgement and does not waive my 21 days?

The petition is in Idaho. I live in Tennessee. The petition says I live in Georgia. I intend to answer with objection to the clause that there are no assets to divide and no support to continue to be paid.

Kevin M Rogers
Kevin M Rogers
answered on Jul 28, 2020

Correct. You'll start your 21 days on the day AFTER you sign the acknowledgement of service.

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Can a passengers rights to a “terry Pat” be denied if driver is found with illegal substance on their person’s?

Police pulled over a vehicle with 2 individuals, the driver of the vehicles was detained on driving with out a license. A drug dog ran the car 3 times with no hit. The police told the passenger he was free to go, but then asked if they could search the passenger, passenger states a “terry pat”... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 28, 2020

Kind of a weird answer for the passenger to give the cop I'd say, but I would definitely file a Motion to Suppress anything found on the passenger since the cop went ahead and denied a

"Terry" pat down and went ahead with a full-blown search without probable cause.

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: MY MOTHER DIED WITHOUT A WILL, MY UNCLE HAS BEEN LIVING THERE. HOW DO WE EVICT HIM WITHOUT PROBATE STARTED?
Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2020

The Mother's Heirs-At-Law are now the owners of the Home by operation of law. Those Heirs have standing to file an Eviction Action for Possession. Hire an attorney to determine heirship and sue for possession.

1 Answer | Asked in Animal / Dog Law for Idaho on
Q: My dog fell into a sprinkler shut off valve with no cover

This happened on july 23, 2020 on the street of 10th and miller

Kevin M Rogers
Kevin M Rogers
answered on Jul 28, 2020

What is your question?

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Idaho on
Q: Is it legal to not allow a biological mother to see her children if there is no court orders?

I feel I have been wrongfully alienated from my sons. They are now adopted by thier paternal grandparents, to which I know that my sons will have to seek me when they come of age. With that being said I feel they took advantage of me, had me sign my rights over unwillingly, and had alienated me... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 28, 2020

Once the adoption took place, water passed under the bridge and there's no going back. Your desires to see them notwithstanding, you should not bother the paternal grandparents and NEVER make an attempt to see your sons. If they're curious when they come of age, they will seek you out,... View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Passenger is free to go, but then the officer comes back and requests a search of the subject. See more info for specifc

If a passenger is told he is free to go given the key to the vehicle as the driver is under arrest, after a traffic stop, then the officer comes back and asks before the subject leaves if he can search the subject. The subject gives consent to do a “terry pat” (Pat in outside of clothing for... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 28, 2020

Hello, make sure you correct me if I summarize the facts wrong. So, the passenger is told by police that he is free to leave because the driver is being detained? The passenger then doesn't leave? Why not? Did the officer run up to the window and say, "hey, I want to search you or... View More

1 Answer | Asked in Family Law for Idaho on
Q: Can someone get out of a marriage if one of the witnesses signed the marriage certificate with her maiden name?
Kevin M Rogers
Kevin M Rogers
answered on Jul 23, 2020

There must be two witnesses but I couldn't find a single, reported appeal to refer to. So I will just tell you that depending on how long you have been married you might be able to seek an annulment? But since annulment isn't guaranteed, but a divorce is, why not simply divorce him?

1 Answer | Asked in Real Estate Law for Idaho on
Q: can the real estate statue of limitations be extended
Kevin M Rogers
Kevin M Rogers
answered on Aug 20, 2020

nope.

1 Answer | Asked in Real Estate Law for Idaho on
Q: can the real estate statue of limitations in idaho be extended?
Kevin M Rogers
Kevin M Rogers
answered on Jul 21, 2020

Real estate contracts are by nature, writings. As such they are governed by a 5 yr. Statute of Limitations. These cannot be extended and are absolute bars after the date that you signed a contract.

1 Answer | Asked in Bankruptcy for Idaho on
Q: Are older real estate property tax debts without a Leon discharged in chapter 7 in Idaho?
Kevin M Rogers
Kevin M Rogers
answered on Jul 20, 2020

Whether the property has a loan or not is not the question. The Bankruptcy Court will NOT determine if a tax debt for property is "dischargeable" or not. Your bankruptcy attorney will do that and advise you. Section 502(c) says:

(C) the amount or legality of any amount arising...
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1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: My ex has cut off all contact between my son and I. Is that legal?
Kevin M Rogers
Kevin M Rogers
answered on Jul 21, 2020

Of course it is "legal," but shouldn't be. There SHOULD be a law prohibiting both parents from slandering or saying anything about the other parent to the children. This is called "alienation of affection," and it does more harm to children than any other kind of abuse... View More

2 Answers | Asked in Criminal Law for Idaho on
Q: What kind of legal resources available for son

22yr old charged with lewd conduct with minor but I have 16yr old said victim claiming it was her who is at fault she admits to getting Xanax doing with defendant and says she seduced him and wants to and has tried to be accountable for this said act has said she will testify to it in court on his... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 18, 2020

You left out thE most important fact: how young is the female?

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1 Answer | Asked in Consumer Law for Idaho on
Q: Purchased a new car from dealer. Was sold as new with 4 miles. Manufacturer says it was a demo and warranty time is cut

Vehicle was advertised and sold as brand new with 3yr warranty. Manufacturer said it only has 2 years left as it was a demo model. This was not disclosed on the contract or verbally

Kevin M Rogers
Kevin M Rogers
answered on Jul 18, 2020

These are "contract-specific" questions. If the car was advertised as "new," be sure to write down any other, specific terms (promises) they made to you. Where did you learn that the vehicle came with a 3-year warranty? If this was verbally communicated to you, it will be much... View More

2 Answers | Asked in Animal / Dog Law for Idaho on
Q: I got a dog and a guy say it his dog I been take care of him for 6 months .can the guy just come and take him
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 16, 2020

If you bought the dog then no, the dog is yours. If he left the dog with you to take care of for a period of time, then yes, the dog is his and he can ask for it back any time. More information is needed to answer this question.

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