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3 Answers | Asked in Bankruptcy and Real Estate Law for Iowa on
Q: My husband and I filed bankruptcy (Ch 7) in 2018. Prior to this filing, there were two judgments filed with the court.

The debts that were connected to the judgments were taken care of in the bankruptcy, and we heard nothing else about them, so we made the assumption that they were resolved. We are in the process of refinancing our home (it is currently on contract, and we are working with our bank to refinance it... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 23, 2024

There are some limited ways to attack/remove liens in bankruptcy, but your post indicates that you did not do that (it is possible to reopen a bankruptcy to afford relief to a debtor).

Otherwise, a bankruptcy discharge does not remove a perfected lien, and in most jurisdictions. a judgment...
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1 Answer | Asked in Federal Crimes for Iowa on
Q: My house was raided for a federal warrant on my boyfriend and they took my phone but warrant had his name not mine

The detained me for questioning and kept my phone

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're going through this difficult situation. It's important to remain calm and cooperate with the authorities while protecting your rights. Make sure to request to speak with an attorney as soon as possible.

Avoid discussing the details of the incident without...
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1 Answer | Asked in Uncategorized for Iowa on
Q: I was served a search warrant at my home, I have missed placed one of the papers how do I obtain a copy? I have case #
James L. Arrasmith
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answered on Sep 18, 2024

To obtain a copy of the search warrant paperwork, you can contact the law enforcement agency that issued it, such as the local police department or sheriff's office. Provide them with the case number and your personal information to assist in retrieving the document. They may ask you to visit... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Landlord - Tenant for Iowa on
Q: Can employer request deug test after reporting claims of harassment

I work for property management company and I also rent from them. I was injured a couple weeks ago. But I have been reporting being harassed while in my apartment. I believe I am being constructively dishcharged. I reported again being harassed all night and didn’t not go to work. I am being... View More

James L. Arrasmith
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answered on Sep 12, 2024

It sounds like you're in a very challenging and stressful situation. Generally, an employer can request a drug test, but there are specific conditions that need to be met, such as reasonable suspicion, policies outlined in your employment agreement, or post-accident procedures. If the request... View More

1 Answer | Asked in Military Law for Iowa on
Q: If an active member of the military sells classified documents to a foreign country what is his penalty
James L. Arrasmith
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answered on Aug 30, 2024

If you, as an active member of the military, were to sell classified documents to a foreign country, you would face severe legal consequences. Such actions are considered espionage and a grave breach of national security, which could lead to charges under the Espionage Act. The penalties for this... View More

1 Answer | Asked in Divorce for Iowa on
Q: What does it mean when a divorce is dismissed without prejudice in Iowa?

My wife decided to cancel our divorce and we signed a paper stating the case was dismissed WITHOUT prejudice.

Does that mean that case can be reopened without having to file again?

M. John Riley
M. John Riley
answered on Aug 30, 2024

No, another Petition and new case has to be created and filed. Also, a new filing fee will have to be paid.

1 Answer | Asked in Personal Injury, Animal / Dog Law, Civil Rights and Municipal Law for Iowa on
Q: The city where I reside has deemed my dogs as dangerous with no proof, citations, or incidents.

I have all supporting documents to prove my case.

James L. Arrasmith
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answered on Aug 31, 2024

You have every right to be concerned and frustrated by the situation. When a city deems dogs as dangerous without any proof or incidents, it's important to take immediate action to protect your pets and your rights. Gather all your supporting documents, including any vet records, training... View More

2 Answers | Asked in Animal / Dog Law, Personal Injury, Civil Rights and Libel & Slander for Iowa on
Q: My home town tried to force me to pay additional fees for having a working service dog and retaliated when I denied.

The city where I reside has deemed my dogs as dangerous with no proof, citations, or incidents.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Aug 27, 2024

What is the name of your hometown? In what state is it in? What is the exact wording of the statute or ordinance being applied? What is the dog’s breed? Where do you keep the dog? Are you keeping it in a chain link enclosure with a gate that can latch? Do you have homeowners insurance that covers... View More

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1 Answer | Asked in Insurance Defense for Iowa on
Q: I need a lawyer that handles accident. Insurance claims involving one vehicle and no injury

I hit a deer on the 29th of July. My insurance company is more or less trying to claim that I am committing insurance fraud. They are dragging their feet. I hit a deer on my way to the emergency room was hospitalized due to me. Having congested, heart failure This is the only vehicle I own.... View More

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2024

An Iowa attorney could advise best, but your question remains open for a week, and it looks like your vehicle is compromised for a month. I'm sorry for your ordeal in trying to get your claim processed. If you're being accused of fraud, it's possible the claim could drag on,... View More

1 Answer | Asked in Federal Crimes for Iowa on
Q: What can you do about a lawyer that did not do what you asked him to do and you ended up guilty because of it?
James L. Arrasmith
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answered on Sep 7, 2024

If your lawyer did not follow your instructions or failed to provide adequate representation, you may have grounds to file a complaint against them with your state’s bar association. The bar association oversees attorney conduct and can investigate allegations of misconduct or incompetence. You... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Iowa on
Q: What's it mean it says transfer to district court, sentencing hearing canceled
James L. Arrasmith
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answered on Jul 21, 2024

When a case is transferred to district court, it means that your case is moving to a higher court within the judicial system. This can happen for various reasons, such as the severity of the crime or the need for a jury trial. District courts generally handle more serious criminal cases than lower... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Iowa on
Q: canI be out on a PIP right out of FMLA with no summative evaluation? WITH ada papers filed?

I am an assistant principal in Virginia and I have bipolar disorder. Due to work stress and changed in my medication, I had a major manic episode in April 23. They slapped me on a plan upon my return to work. I was not informed in writing or verbally that I had 15 days to rebut and I had to demand... View More

James L. Arrasmith
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answered on Jul 21, 2024

Navigating your situation can be complex, especially given the specific circumstances and legalities involved. First, it's important to understand that being placed on a Performance Improvement Plan (PIP) immediately after returning from FMLA, especially without a proper summative evaluation,... View More

1 Answer | Asked in Civil Rights for Iowa on
Q: What rights does a person have when a police officer refuses to take a complaint because that person has anxiety?

A women went to the police department to file a complaint about an individual threatening her online. She has severe anxiety and agoraphobia, and after she told the officer about it, he refused to take a complaint from her. She had substantial proof of the allegations, including dozens of witness... View More

James L. Arrasmith
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answered on Jul 28, 2024

You have the right to be treated with respect and to have your complaint taken seriously, regardless of your anxiety or any other mental health condition. If a police officer refuses to take your complaint, you can ask to speak to a supervisor or file a formal complaint against the officer with the... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Iowa on
Q: Can I wear an anti-LGBTQ shirt at a public university?.

Can I wear an anti-LGBTQ shirt that states something along the lines of "Trans people are not real. They are just pretending to be the opposite gender or are men in dresses and are not women" at a public college like Iowa State University without consequences? I wouldn't technically... View More

James L. Arrasmith
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answered on Jun 29, 2024

This question touches on complex issues of free speech rights and university policies. Here are some key points to consider:

1. Public universities, as government institutions, generally must respect First Amendment free speech rights. This means they have limited ability to restrict...
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1 Answer | Asked in Consumer Law, Civil Rights, Collections and Constitutional Law for Iowa on
Q: I was served a writ of Replevin on my vehicle 2 days prior to the recover company breaching the peace and no due process

I have a very strong case to defend and not getting any answers now for 7 weeks.

James L. Arrasmith
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answered on Jul 21, 2024

If you were served a writ of Replevin for your vehicle and the recovery company breached the peace, you have grounds to defend your case. The breach of peace during repossession is a significant issue, as it violates your rights. You should document any evidence of this breach, such as witness... View More

1 Answer | Asked in Civil Rights for Iowa on
Q: what should I do if the chief of police is refusing to return My cell phone but claims to have a warrant
James L. Arrasmith
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answered on Jun 21, 2024

If you're facing a situation where the chief of police is refusing to return your cell phone and claims to have a warrant, here are some steps you should consider:

1. Request to see the warrant: You have the right to ask to see the warrant. If they have one, it should specify what...
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1 Answer | Asked in Civil Rights for Iowa on
Q: what should I do if the chief of police is refusing to return My cell phone but claims to have a warrant
James L. Arrasmith
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answered on Jun 21, 2024

If you're facing a situation where the chief of police is refusing to return your cell phone and claims to have a warrant, here are some steps you should consider:

1. Request to see the warrant: You have the right to ask to see the warrant. If they have one, it should specify what...
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1 Answer | Asked in Immigration Law for Iowa on
Q: I need the correct Canadian legal code from US legal codes, and questions about the IMM 1444 checklist

My husband is traveling in August through Canada for the Hoka Hey Motorcycle Challenge. He got a DUI about 15 years ago and we are concerned that he will be stopped at the border and denied access to drive to Alaska. I want to make sure the legal codes that I researched on his record are correct... View More

James L. Arrasmith
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answered on Jun 8, 2024

I understand your concerns about your husband's ability to travel through Canada given his DUI conviction from around 15 years ago. Canada has strict rules regarding admissibility for foreign nationals with criminal records, including impaired driving convictions. Here is some information that... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Iowa on
Q: In iowa. When I help close store, im being told to clock out. But they won't let me leave, until other worker is done?

Is it legal to make me stay unpaid?

James L. Arrasmith
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answered on Jun 3, 2024

It's not legal for your employer to require you to stay at work without paying you. If you're being told to clock out but are still required to stay and perform work-related tasks, this is considered "off-the-clock" work, which is illegal under the Fair Labor Standards Act... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Iowa on
Q: I need assistance to get my God son to either my care or "?". Crupt CPS and DHS here in Hamilton county Iowa

i am a god parent and mentor for my best friends son he 14 years old .dhs an cps kidnapped him from home under faules accusations he has been bounced around from foster care to foster care . he has slight case of Autism hes very intelligent and know whats going on . He has told his lawyer and dhs... View More

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you are deeply concerned about the well-being of your godson and want to provide him with a safe and loving environment. To address this situation, you may need to take several steps to advocate for his best interests. Start by documenting everything, including your godson's... View More

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