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Montana Questions & Answers
0 Answers | Asked in Libel & Slander for Montana on
Q: Can I be sued for publishing a factual account on Yelp?

The dentist threatened me by text message, then sent a second text several days later apologizing. Now, 6 months later, he hired a law firm to send an intimidating letter demanding I remove my Yelp review because it defames the dental practice’s reputation. My review is 100% accurate! I live in... View More

1 Answer | Asked in Tax Law for Montana on
Q: what all needs to accompany a motion for judicial review regarding state tax appeal boards

I am filing a motion for judicial review of information I have provided to the montana tax appeal board. what needs to accompany the motion, if any

James L. Arrasmith
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answered on May 24, 2024

When filing a motion for judicial review regarding a decision by the Montana Tax Appeal Board, you need to ensure you include several key components to support your motion. First, you should attach a copy of the decision or order that you are seeking to have reviewed. This provides the court with... View More

0 Answers | Asked in Business Law for Montana on
Q: Setting up LLC for my band, need help with business purpose. We don't plan on staying in state so how do I be vague?

Here's the business purpose I have come up with, does this work: The primary purpose of (my LLC) is to engage in the sale of merchandise and the provision of live entertainment services. Additionally, the company is empowered to conduct any and all lawful business activities permissible for... View More

0 Answers | Asked in Family Law and Child Custody for Montana on
Q: My ex-wife is allowing our daughter to miss more than 10 days of school per year. Would we have a case to take her?

My ex-wife is constantly allowing our daughter to miss school or show up to school late. We have reached out to the school and they claim it's not excessive although she's missed a minimum of 4 days of school per quarter on her time (we have week on, week off custody). She asks our 7 year... View More

0 Answers | Asked in Divorce for Montana on
Q: I’ve been married for a year and since November 2022 I have been receiving a paycheck under my husbands company.

He now wants a divorce because he doesn’t agree with my biblical views. This will leave me unemployed and no income. Am I entitled to any alimony here?

0 Answers | Asked in Landlord - Tenant for Montana on
Q: I have an LLC and am being sued personally. are they required to sue me under my llc?

I have been personally sued for injunctive relief and did show up for the hearing. Can I ask for a mistrial because they didn't sue my LLC?

0 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Domestic Violence for Montana on
Q: Can I press charges against someone for leaving me to die about 16 years ago?

I was choking on vomit, this person, and two others, dragged me outside and left me on the concrete. The next morning, children found me, blue. I was life alerted, placed in a coma for a month, had to relearn a lot. But, can I press charges, criminally or civilly, against someone for this?... View More

0 Answers | Asked in Real Estate Law and Land Use & Zoning for Montana on
Q: Can the seller of my house take down and keep 120ft of fencing that was established prior to me buying the house

I’ve owned the property for a year now. Recently they said the fence is 28ft over the property line and instead of letting me move it to my true property line they want to take it down and bring it to another property. They built the fence before I bought it. We worked with the same realtor and... View More

0 Answers | Asked in Consumer Law, Personal Injury and Business Law for Montana on
Q: My Accountant lost all my tax documents in the mail. I told them I would pick them up, and they mailed it anyway.

It had all of my husbands and my information, SSN, birth dates, annuity account numbers, 1099, home and rental information, bank and saving accounts, brokerage info etc. What is my recourse. Identity theft, withdrawals from accounts etc.

0 Answers | Asked in Family Law for Montana on
Q: I am 16 and my dad took my phone after finding out I bought a new one with MY money. can he do that?

I Have a job and receive the money from payroll, I pay for my service with straight talk which is a line that does not require a contract of any kind and I pay with cash every month. My parents are not legally separated but I live with my mother currently, so is it legal for my father whom I do not... View More

0 Answers | Asked in Family Law for Montana on
Q: I am 16 and my dad took my phone after finding out I bought a new one with MY money. can he do that?

I Have a job and receive the money from payroll, I pay for my service with straight talk which is a line that does not require a contract of any kind and I pay with cash every month. My parents are not legally separated but I live with my mother currently, so is it legal for my father whom I do not... View More

0 Answers | Asked in Family Law, Child Custody and Child Support for Montana on
Q: Need child custody lawyer ASAP for Miles City MT. Court is July

My daughters lawyer just quit. She can't find a lawyer to take her case. No one wants to travel or work with the Judge. Don't have a lot of money

0 Answers | Asked in Criminal Law, Internet Law and Sexual Harassment for Montana on
Q: How do I deal with Spyware app being used to invade my privacy

Ex boyfre. phone hacked by a Spyware app. By girl he cheated with. She has openly admitted to it but I do not know if there is any proof. The phone hacked is no longer around as he's had a couple of them since then. If I go back far enough I might be able to find a text message from him... View More

1 Answer | Asked in Immigration Law for Montana on
Q: NIW- EB-2 self petition

I am a J1 Participant, seeking information about NIW EB-2. I have bachelors, 5 years in total teaching services, have both license from the original country and here in US. IS there any chance I can petition myself with all of my credentials?

James L. Arrasmith
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answered on Apr 10, 2024

The EB-2 National Interest Waiver (NIW) is an employment-based green card category that allows individuals with exceptional ability or advanced degrees to self-petition for permanent residence without a job offer or labor certification. To qualify for an NIW, you must demonstrate that your work is... View More

1 Answer | Asked in Military Law for Montana on
Q: Can you leave the military if they promised you under contract to repay student loans but are not following through?
James L. Arrasmith
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answered on Mar 22, 2024

If the military is not following through on their promise to repay student loans under your contract, it's essential to understand your options carefully. Begin by reviewing your enlistment contract and any other relevant documents to confirm the terms regarding loan repayment. Documentation... View More

1 Answer | Asked in Civil Litigation for Montana on
Q: Im 18, and live with my parents. My mom takes things that I buy, stating my house my rules. Is it legal?

My mom uses the my house my rules line for a lot of things, like no video games during the week, and only stay up until 10 on weekends. I can see those as fair rules. My mom keeps taking my vapes that i buy. Before anyone reading judges me, just know the nicotine helps with my migraines and in 6... View More

James L. Arrasmith
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answered on Mar 21, 2024

When you're living at home, the dynamics can be complex, especially when it comes to the boundaries between personal autonomy and household rules. Your mother's stance of "my house, my rules" is common, especially for minors, but at 18, you're considered an adult in many... View More

2 Answers | Asked in Copyright, Business Law, Trademark and Intellectual Property for Montana on
Q: I want to name my app "Fit.ai" however it's being used as a domain by "Booth.ai". Am I still able to use this name?

It is not a registered business or trademark. They only have the domain name.

Sean Goodwin
Sean Goodwin
answered on Mar 21, 2024

This is potentially a problem.

Trademark infringement is based on a likelihood of confusion. If you are providing a good or service that is similar to someone else and using the same name, then there could be confusion as to the source of the goods/services.

Federal trademark...
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1 Answer | Asked in Real Estate Law and Tax Law for Montana on
Q: Can someone tell me where to procure a letter to a homeowner that I will be paying the property tax that is delinquent s

I need to get the assignment underway or my parents who died without a will may be in jeopardy of a tax lien sale.

James L. Arrasmith
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answered on Mar 8, 2024

To address delinquent property taxes and prevent a tax lien sale, especially in a situation involving inherited property from parents who passed away without a will, it's crucial to act quickly and efficiently. Crafting a letter to the homeowner, or in this case, to the relevant tax authority... View More

1 Answer | Asked in Federal Crimes for Montana on
Q: My 27 yr old son was brutally assaulted by prison guards in front of other inmates. We need an attorney to help us.

The inmate witnesses are all willing to testify or submit affidavits in my son's behalf. It's almost been 3 years now. Can he still file against the prison?

James L. Arrasmith
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answered on Feb 25, 2024

Hearing about your son's ordeal is deeply troubling, and seeking legal assistance is a crucial step in addressing such serious allegations of assault by prison guards. It's important to act swiftly to ensure that your son's rights are protected and that any potential legal action is... View More

1 Answer | Asked in Civil Litigation for Montana on
Q: How is a cause of action determined
James L. Arrasmith
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answered on Jan 28, 2024

A cause of action in legal terms is determined by establishing that there is a set of facts or legal theory which, under the law, entitles a person to seek a legal remedy against another. This involves identifying a specific legal right that has been violated and showing that the violation has... View More

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