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Iowa Civil Litigation Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Constitutional Law for Iowa on
Q: I have no control over my online accts /privacy. 10yrs attempted to get help from local,state & fed govt.$ is being made

Decades+ Complaints to FCC ,Iowa A.G. 2 cases opened, ic3..gov complaints. URL attachs2every device, email, carrier.began2009reported then.No help.25 device/email/number& carrier changes, Apple restricted sign out of Apple ID. ACP PAID Internet service TIL4/24 my Wi-Fi was restricted,ONLY... View More

James L. Arrasmith
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answered on May 29, 2024

Dealing with ongoing issues of privacy and control over your online accounts can be incredibly frustrating, especially after seeking help from various authorities for so long. It's clear that your efforts to secure assistance from the FCC, Iowa Attorney General, and other entities have not... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Libel & Slander for Iowa on
Q: unlawful entry by an officer who then later made false statement to CPS worker

2 officers came to daughters house..male on porch at door, female out on sidewalk pacing..he stated had a call in complaint, I wasn't being detained or under arrest, just wanted to ask question...I stepped out on porch shut door...answered male officer truthfully and honestly, female officer... View More

James L. Arrasmith
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answered on Mar 15, 2024

It's important to address this situation by gathering all available evidence, including the video your daughter recorded and any documentation from CPS. Document your interactions with the officers and CPS, noting dates, times, and details of the conversations. This information will be vital... View More

1 Answer | Asked in Banking, Civil Litigation and Civil Rights for Iowa on
Q: Am I entitled to money on a joint account that was closed and taken out without my knowledge?

I had an account as a minor with one parent that had money coming in from social security from the death of my other parent. This account was closed after my 18th birthday with no money. Am I able to get any of the money back that my one parent took out of it?

James L. Arrasmith
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answered on Dec 27, 2023

In Iowa, if you had a joint account with a parent that was closed and emptied without your knowledge, particularly after turning 18, your entitlement to the funds depends on several factors. Joint accounts typically grant equal rights to all account holders, meaning either party can withdraw funds... View More

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Small Claims for Iowa on
Q: Can I sue in small claims court(or larger)for breach of contract against my daughters’ former dance studio? $10k wasted

Teen daughters danced at a studio. Annually fill/sign a standardized code of conduct form agreeing to policy of treatment of others. My kids (and others) were bullied by suburb mean girls. Owner informed. Kids were blamed by owner instead of helping. We told our kids to be overly nice (too nice to... View More

Erik Luthens
Erik Luthens
answered on Mar 16, 2023

I absolutely understand your frustration- both of my daughters danced on competitive teams for several years (my wife was also the varsity dance coach at Urbandale High School for several years). However, this is not a matter to be litigated in court (small claims or otherwise). If I were you, I... View More

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1 Answer | Asked in Civil Litigation for Iowa on
Q: My small claims matter was just dismissed stating, this is not a small claims jurisdictional issue,this matter must be

handled in family court. But the judge gave me an appeal bond. Of 300. I'm suing a woman who new all along a child was not mines and admitted it 9 years later, the child was not mines, I'm suing her for child support paid by me 1,300 dollars. Can I pay the appeal bond and proceed or go to... View More

Erik Luthens
Erik Luthens
answered on Jan 10, 2023

You need to immediately retain an attorney who handles family law matters.

1 Answer | Asked in Civil Litigation for Iowa on
Q: My nephew is involved in a lawsuit, found out they are being followed and videos recorded and pictures taken is it legal
Tim Akpinar
Tim Akpinar
answered on Dec 6, 2022

An Iowa attorney could advise best, but your question remains open for two weeks. It could depend on the type of lawsuit and the relevance of the videotaping. If it involves an injury case, it is permissible for investigators from insurance carriers to observe claimants in public places without... View More

1 Answer | Asked in Civil Litigation for Iowa on
Q: Do I have the right to ask for my case file from my lawyer after the case has closed?
Tim Akpinar
Tim Akpinar
answered on Oct 15, 2022

An Iowa attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, the general rule nationwide is that you're entitled to your file. States could differ among one another with issues such as attorney work product... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Iowa on
Q: Do I have to sell my home if co-owner wants to sell.

I was awarded the property in my devorce. Former friend Co signed for a loan for $63,550 5 years ago. To pay off the existing $35,000 and repairs to the home .

he want to sell it with him getting. 1/2 after I refused marrage to him.

Its all I have . Iam on disability.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 28, 2021

Yes. In this situation either owner can force the other owner to sell the property. It is called an action for partition.

1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Q: I have a question about an apartment lease

I signed an apartment lease where it was stated I could pay rent by check or money order. About a month after signing the lease, the leasing office said they would no longer accept checks or money orders but that I must get online and allow the leasing office access to my banking account to draw... View More

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2020

This is something that an Iowa landlord-tenant attorney would know best; your question may have gotten overlooked for three weeks in these other categories. You could repost under Landlord-Tenant or reach out to a L-T attorney. If you reach out to an attorney, they would likely ask to see a copy of... View More

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Iowa on
Q: A friend of mine was storing furniture for me and passed away. His family refuses to give it to me. I have recipts and

Serial numbers and a signed itemized list. I contacted police department and was told all I can do is take them to court. Not sure how to handle this? Help!!

Erik Luthens
Erik Luthens
answered on Apr 28, 2020

Your stored furniture has “serial numbers?” Interesting. You should immediately file a claim in the estate of your deceased friend (assuming an estate has been opened). I suggest that you immediately contact an Iowa attorney who handles civil litigation to discuss your options.

1 Answer | Asked in Civil Litigation for Iowa on
Q: A family member gave me $2,000 9 years ago to pay bills. Never brought it up until now after we had a falling out

Now she is demanding I pay her or she will take me to small claims. There was no contract as I didnt ever plan to pay her back. Does she have a case?

Erik Luthens
Erik Luthens
answered on Apr 18, 2020

The issue appears to be whether you received the $2,000 as a gift or whether there was some type of an agreement for the $2,000 to be a loan. Do the right thing.

1 Answer | Asked in Civil Litigation for Iowa on
Q: I need to file a general answer to the court for a debt collection. I can't find the form
Erik Luthens
Erik Luthens
answered on Feb 4, 2020

Go to https://www.iowacourts.gov/for-the-public/court-forms/

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 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 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 Civil Litigation for Iowa on
Q: I purchased a b'fast sandwich from a c-store and the person that prepared it lost part of a decayed tooth, I bit into it
Tim Akpinar
Tim Akpinar
answered on Oct 18, 2019

An Iowa attorney could address your post the best, but it remains open for three weeks. Although there wasn't a question here, if you were wondering about your legal rights, contact an Iowa personal injury attorney. Many offer free initial consults for such cases if they are interested in... View More

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 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 and Contracts for Iowa on
Q: I live in Iowa and i am on a month to month lease. I have been here over 2 years now and always paid my rent in full

From my pocket. It's been late a hand full of times but I've always paid late fee. Recently myself and significant other ran into some hard times. We are both jobless, he is receiving his last check from unemployment, and we are unable to pay the rent this month. We went to general... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 25, 2019

Find a way to pay the $300 immediately. By allowing you to pay partial payments your landlord will have a difficult time explaining why he stopped doing it--right after agreeing to do the general assistance thing. It sounds like the landlord (or perhaps the owner?) does not want the hassle of... View More

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