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Iowa Questions & Answers
1 Answer | Asked in Criminal Law for Iowa on
Q: What if a person that works at a nursing home is taking penicillin home to give to family without prescription
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Mar 12, 2023

That would be stealing from the nursing home and, depending on if they were a licensed professional, could be diversion of the drug from a patient. Then it would get into from where in the nursing home the drug were removed. Was it in the hall cart or from the emergency department supply?... View More

1 Answer | Asked in Bankruptcy for Iowa on
Q: Can a trustee in a chapter 7 bankruptcy take a structured settlement from a wrongful death? I live off of those payments
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 8, 2023

A quick check indicates that Iowa does NOT recognize the federal bankruptcy exemptions, so you'd be subject to the Iowa state statutes for any exempt property.

I strongly recommend that you speak with an experienced Iowa attorney to determine the nature and extent of exempt property...
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1 Answer | Asked in Bankruptcy for Iowa on
Q: Filed chapter 7 bankruptcy vehicle never repossessed left on my property almost 5 years now can I claim as abandoned pro

Filed chapter 7 bankruptcy vehicle never repossessed left on my property almost 5 years now can I claim as abandoned property?

Timothy Denison
Timothy Denison
answered on Mar 19, 2023

You can try. Laws regarding abandoned property vary from state to state.

1 Answer | Asked in Criminal Law, Civil Rights, Internet Law and Juvenile Law for Iowa on
Q: I'm on probation an I got my first violation for taking NyQuil my test came back positive for alcohol what will they do

What will what happen to me

John Michael Frick
John Michael Frick
answered on Feb 28, 2023

The Nyquil defense rarely works. This article explains why: https://michigancriminaldefenseattorneys.org/nyquil-as-an-alcohol-test-defense/

The quantity of Nyquil taken for a cold is just too small by itself to cause an alcohol test to come back positive.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Iowa on
Q: A driver ran a red light and hit my daughter. Citation given to other driver. Can insurance try Comparative fault?

Daughter had green light. Slammed on her breaks as she saw him entering into the intersection. Insurance is trying comparative fault since she 'saw him' even though she tried to stop but couldn't entirely before he hit her. Witness said he was speeding but he wasn't cited for... View More

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2023

An Iowa attorney could advise best, but your question remains open for two weeks. I hope everyone involved is okay. They could try, but their witness already concedes that he went through a red light. Good luck

2 Answers | Asked in Bankruptcy for Iowa on
Q: How do I go about filing bankruptcy and how's it paid for
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 27, 2023

Quickest way is for you to google Official Bankruptcy Forms, and you should end up on the site for the official Iowa bankruptcy court. And alternative is to go to bankruptcydata, com, and click on "free resources", which will take you to a list of every official bankruptcy court site.... View More

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1 Answer | Asked in Bankruptcy and Collections for Iowa on
Q: Faltered on auto loan, not my vehicle, company filed lien on me,options?

Girlfriends vehicle what options do I have regarding responsibility or bankruptcy

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 27, 2023

Much of the best answer depends upon whether/what docs you signed regarding the auto loan.

That the auto loan lender "filed a lien" against you strongly suggests that you signed some form of personal guaranty of payment on that loan. If so, and the loan is in default, the lender...
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1 Answer | Asked in Consumer Law and Collections for Iowa on
Q: Can a Collection agency charge interest in Iowa on a medical debt that has no interest in the billing contract?

They have served me papers including interest and fees.

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 24, 2023

Maybe. Prejudgment interest can accrue at a statutory rate on the amount owed. An Attorney would have to review the complaint.

2 Answers | Asked in Workers' Compensation for Iowa on
Q: I have filed a work comp. Claim 10 months ago. Was told any work missed due to injury is on my own attendance. True?
Erik Luthens
Erik Luthens
answered on Feb 17, 2023

If you miss work time due to a compensable work related injury, your employer (or its worker’s’ compensation insurance carrier) should be timely paying you temporary, partial disability (TPD) benefits.

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1 Answer | Asked in Workers' Compensation and Employment Law for Iowa on
Q: I have a torn Bicep labrum for 10 months now & being told I have to use my own points if I miss work due to pain from it

Points = my attendance for my works compensation accident.

Erik Luthens
Erik Luthens
answered on Feb 16, 2023

If your torn bicep is due to a work related injury, you need to immediately pursue a worker’s’ compensation claim. If the injury isn’t work related, you should inquire as to whether you are eligible for FMLA time.

1 Answer | Asked in Contracts for Iowa on
Q: Can I sue my storage facility for making me Carry there (opt in) insurance coverage which cover's up to $7,500 for theft

I have receipts for all my items that was stolen,there insurance company has been provided with the Police report,my receipts for stolen items and pictures of My stolen tools also.But there insurance adjuster is using every excuse in the world to not pay out my ligit insurance claim.

John Michael Frick
John Michael Frick
answered on Feb 7, 2023

Ordinarily, a self-storage facility is not legally responsible for the theft of items from an individual renter’s storage unit.

Individual renters purchase insurance to cover theft or damage to their own stored property.

You store it. You lock it. You keep the key. And you keep...
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1 Answer | Asked in Personal Injury for Iowa on
Q: Supreme court dismissed personal injury case from auto accident. Anything else to be done to win this yet? Perm injuries
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Jan 24, 2023

What’s the case name? There’s no way to answer your question without first reading the Supreme Court’s opinion.

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 Contracts and Real Estate Law for Iowa on
Q: Daughter's ex's name is on property & loan, but daughter has been paying 100% on it for over 5 years.

Hello, My daughter has a house that she bought with an ex-boyfriend (never married). When they split up, they signed a contract saying she had 100% posession to the house for 5 years (until Mar 2023 - when the grant for 1st time home buyer ends). After that, she has 1st chance on refinancing/buying... View More

Erik Luthens
Erik Luthens
answered on Jan 10, 2023

Your daughter needs to retain a real estate attorney as soon as possible.

1 Answer | Asked in Car Accidents for Iowa on
Q: If you hit a garbage can in a parking lot and the owner is outside and he dosent stop you and theres nodamagetothetrash
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Jan 4, 2023

What is your question? What you wrote is not a statement or a question. Rewrite it please.

1 Answer | Asked in Car Accidents for Iowa on
Q: my truck has no insurance and its not plated, it popped out of gear and damaged a house i wasnt around when it happened

i was inside my apartment at the time and notice my truck wasnt parked where i usually park it.

Tim Akpinar
Tim Akpinar
answered on Jan 2, 2023

An Iowa attorney could advise best, but your question remains open for two weeks. In general nationwide, such situations could be covered by the damaged neighbor's homeowner policy if they choose to file a claim. If that happens, the homeowner's carrier has the right to recover their... View More

1 Answer | Asked in Workers' Compensation for Iowa on
Q: Are my lawyers entitled to part of the settlement pertaining to late workers comp payment penalties and future medical?
Erik Luthens
Erik Luthens
answered on Dec 16, 2022

Your lawyers are entitled to receive a portion of anything that they, through their efforts, obtained for you pursuant to the attorney fee agreement.

1 Answer | Asked in Copyright for Iowa on
Q: Opening a quilting business, and I want to sell basic patterns, how would I check if it is too similar to a ©️ pattern

I intend to start a retail quilting/diy store; if I base a design off of an idea that I’ve seen (Pinterest, family quilts, magazines, in-store etc) if I made something that was similar, but I didn’t follow their directions, (or theoretically, if I did) could I be infringing on copyrights of... View More

Steve Charles Vondran
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Steve Charles Vondran pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2022

It is important to understand copyright laws when it comes to selling quilting patterns. While certain elements of copyrightable subject matter may be used without infringing upon existing copyright protection, the substantial similarity of a design can create copyright infringement issues. If a... View More

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 Business Formation and Business Law for Iowa on
Q: If I have comercial small business/building insurance do I need an additional business insurance at same address???

I’m paying almost 5k a year on my newly possessed comercial building and it has a small mechanic shop in the garage. It’s an old gasoline station no pumps, no gas tanks just my new residence. My insurance agent made an additional charge of 1.5k for the small business shop in the back and it’s... View More

Tim Akpinar
Tim Akpinar
answered on Nov 30, 2022

An Iowa attorney could advise best, but your question remains open for two weeks. However, it would be difficult to answer your question about whether you need additional insurance. This is something to go over with your insurance carrier or broker, who would review your needs in more detail.... View More

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