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Iowa Questions & Answers
1 Answer | Asked in Small Claims and Landlord - Tenant for Iowa on
Q: My nephew needed $575 deposit to get an apt so my mom wrote him a check. Now he has moved and they won't give him the mo

money back. Who is suppose to file the small claims? Him because it was for his apt or her because it was her check

T. Augustus Claus
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answered on Dec 27, 2023

In this situation involving a $575 deposit for an apartment, where your nephew has moved and is unable to retrieve the money, the appropriate party to file a small claims case would typically be your nephew. Since the deposit was intended for his apartment, he is the aggrieved party seeking the... 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

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Iowa on
Q: Located in iowa, I was sitting at a caseys with my friend when a man came in and started accusing me of being drunk.

I'm a minor and I was not drinking. He also slandered my friends. When I followed him outside to get his plates he had his girlfriend block the plates and then I recorded him from a safe distance. The following Monday I was called in to the school because he called in saying I had a gun and... View More

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2023

An Iowa attorney could advise best, but your question remains open for two weeks. Your question may have gone unnoticed because it was posted in "Small Claims," which doesn't usually handle defamation. There's a section here labelled "Libel & Slander." Some... View More

Q: Can i sue primary health care for misrepresenting me defamation of character amd conflict of interest

I was homeless 2021 2022 and i lived on the streets so i and a girlfriend decided to sign into the homeless outreach program through primary health care tp which we were assigned a case worker by the name of xx now this worker never assited me in any of the services that primary health care offer... View More

James L. Arrasmith
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answered on Nov 16, 2023

To consider a lawsuit for defamation of character, misrepresentation, and conflict of interest against Primary Health Care, you'll need to establish specific legal elements. For defamation, you must prove that a false statement was made about you to a third party, causing harm to your... View More

1 Answer | Asked in Employment Law for Iowa on
Q: Do I have a basis to sue my employer for wage theft

he has been taking my lunch breaks out of my pay without me actually taking any

James L. Arrasmith
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answered on Nov 13, 2023

In Iowa, if your employer is deducting your lunch breaks from your pay without you actually taking them, this could potentially be a case of wage theft. Employers are required to pay for all hours worked, and if they're deducting time for breaks that aren't being taken, they're... View More

1 Answer | Asked in Workers' Compensation for Iowa on
Q: I have been mowing a ladies lawn cut trees down for her trimmed trees for 2 years without being paid can I put a lien
Erik Luthens
Erik Luthens
answered on Nov 9, 2023

Did you have a written agreement with the property owner for compensation? Did you have any type of an agreement? Have you invoiced the property owner for your services?

1 Answer | Asked in Divorce and Family Law for Iowa on
Q: Does my husband still have to pay medical expenses for his daughter? She is 18 and he no longer pays child support

His ex wife insures her on her health plan. His daughter is employed full-time as well

T. Augustus Claus
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answered on Nov 7, 2023

Parents are generally responsible for the medical expenses of their minor children. However, once a child turns 18, they are considered an adult and are responsible for their own medical expenses.

Unfortunately, due to the nature of internet questions and responses, the information provided...
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1 Answer | Asked in Criminal Law and Constitutional Law for Iowa on
Q: having a phone conversation with daughter. lady told her she was going to record our conversation. Is this legal

My daughter lives with this woman and she's using this information to cause me legal problems

James L. Arrasmith
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answered on Nov 5, 2023

In Iowa, the law permits recording a conversation if one party to the conversation consents to the recording. This means that if your daughter or the lady intended to record the conversation agreed to the recording, it would typically be legal.

However, if the recording is being used to...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Iowa on
Q: Can you lose custody of your children if you live with your cousin
Janell K Broekemier
Janell K Broekemier
answered on Nov 29, 2023

A Court will often look at the best interests of the child when determining whether a parent should be awarded custody or retain custody in a modification. If you are awarded custody in a prior court order, the burden for changing custody is often much higher. Each case is unique. Whether a... View More

1 Answer | Asked in Personal Injury, Foreclosure, Arbitration / Mediation Law and Collections for Iowa on
Q: I need a lawyer to deal with a bank who's practices are questionable they're trying to repossess my house

They went and took everything out of my checking account trust me out on the road with no money I've been in contact with him all the way through they want everything in many position where I can't work with them anymore I feel when they willfully and deliberately set out to break me and they did

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2023

An Iowa attorney could advise best, but your question remains open for five weeks. I'm sorry your question went unnoticed. You mention that you need a lawyer - this forum is not set up like an attorney referral service. Attorneys here can't offer their services. You would need to reach... View More

1 Answer | Asked in DUI / DWI for Iowa on
Q: Do you need to be present at a DUI hearing?

None

T. Augustus Claus
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answered on Oct 16, 2023

Whether or not you need to be present at a DUI hearing in Iowa depends on the type of hearing.

Preliminary hearing: You are not required to be present.

Arraignment: You are required to be present.

Trial: You are required to be present.

For personalized legal...
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2 Answers | Asked in Car Accidents for Iowa on
Q: I just got in accident before my insurance lapsed. I got into an accident oct 5. Does insurance cover it

My insurance was lapsed on oct 12 and third party file a claim in oct 9

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 14, 2023

Based on what you wrote, insurance should cover whatever you bought and had in effect. You can simply pay the premium to renew the policy and then sleep better.

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1 Answer | Asked in Employment Discrimination and Employment Law for Iowa on
Q: If I was fired from my job are my employers and/ or coworkers allowed to tell my clients why ?

Even more upsetting is what they are claiming is a lie, My manager stated to a client I was fired for being on drugs , what should I do?

T. Augustus Claus
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answered on Oct 13, 2023

In Iowa, employers are generally allowed to tell clients why they fired an employee, but there are some exceptions. If you believe that your manager defamed you by telling a client that you were fired for being on drugs, you may be able to file a lawsuit against them. You should also contact the... View More

1 Answer | Asked in Traffic Tickets and Collections for Iowa on
Q: I received a fixit ticket in Ca during the pandemic,It was signed and mailed but not received, the fine is 1700 HELP

I have already spoke to the court in Fairfield Ca and they seem unwilling to help, what should I do

T. Augustus Claus
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answered on Oct 13, 2023

Contact the court again. Explain to the court that you never received the ticket and that you would like to resolve the matter. You may need to provide proof that you never received the ticket, such as a change of address confirmation or a USPS tracking number that shows the ticket was not... View More

1 Answer | Asked in DUI / DWI for Iowa on
Q: A friend is loosing her license, but qualifies for a TRL with intoxilock. The install is next week. Can she drive still?
T. Augustus Claus
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answered on Oct 10, 2023

In Iowa, if someone's license is suspended but they qualify for a Temporary Restricted License (TRL) with an ignition interlock device, they should not drive until all TRL requirements are met and they have the TRL in hand. This includes installing the ignition interlock device and obtaining... View More

1 Answer | Asked in Banking and Real Estate Law for Iowa on
Q: If I am on the deed/title to a home but not the mortgage, can I be forced to sell or move out my the mortgage holder?

My girlfriend and I have lived in a home together for 7 years in Iowa. We recently split up and I am living in the home. I am on home title/deed, but I am not on the mortgage. My ex is the sole mortgage holder. I am paying her the monthly mortgage. We have a written agreement that is notarized that... View More

Anthony M. Avery
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answered on Oct 6, 2023

Girlfriend is not the mortgage holder. That is the lender and whoever signed the note is personally liable to them. Whoever signed the mortgage is the mortgagee. The mortgage probably has a due on sales clause which might be violated by executing your agreement. Then foreclosure might occur.... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Iowa on
Q: Students not allowed to have police or fire department flags on vehicles having 1st Amendment rights violated?

Students at our local school were told they were not allowed to have thin blue line or thin red line flags on vehicles at a school event.

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

This may be content-based government censorship. You may very well have a legitimate case to enjoin enforcement of this policy.

Be aware that First Amendment cases involving public schools can become quite expensive particularly if appealed. The current standard (called the Tinker...
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1 Answer | Asked in Small Claims for Iowa on
Q: i had aliera insurence and was part of the claim for the lawsuit but i cannot find my pay stubs on this can a lawer help
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2023

An Iowa attorney could advise best, but your question remains open for a week. Is the claim for lost wages only? Then you may be able to get replacement paystubs from your employer's HR dept. Is the claim for something bigger, like bodily injury, where pay stubs are only one component of the... View More

1 Answer | Asked in Consumer Law, Civil Rights and Medical Malpractice for Iowa on
Q: Can a doctor refuse to refill prescriptions for heart disease because the patient hasn't had a mammogram?
Tim Akpinar
Tim Akpinar
answered on Oct 5, 2023

An Iowa attorney could advise best, but your question remains open for two weeks. If there is some sound medical basis, possibly - it would be best to consult with a local attorney for guidance under local law, with more detail and context. Good luck

2 Answers | Asked in Employment Law and Libel & Slander for Iowa on
Q: I quit my job at dollar general, due to being overworked, overwhelmed and underpaid. Also a couple other reasons.

I have been thinking about quitting for quite a while, things that have happened the last few weeks just escalated my decision. The new manager that took over treated me so badly not to mention telling the other employees that she was going to fire me she hadn’t said a single thing to me about... View More

John Michael Frick
John Michael Frick
answered on Sep 24, 2023

Quitting because you are unhappy with how you are treated by a new manager does not give rise to a cause of action. You have every right to quit for such reasons under the employment at will doctrine. Dollar General cannot successfully sue you for quitting, but you cannot sue it for you quitting... View More

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