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Montana Questions & Answers
0 Answers | Asked in Civil Litigation, Collections and Identity Theft for Montana on
Q: Do debt collection law firms have to check to facts if informed the debt is identity theft?

Do debt collection law firms have an obligation to review the facts such as credit reports and identity theft reports from CFPB, FTC, IC3 and police before they continue legal proceedings? In this case a credit card was opened in my name for 20k, my PII is in data breach(es) and I knew nothing... View More

0 Answers | Asked in Contracts and Construction Law for Montana on
Q: In Montana, I paid a contractor for concrete. He didn't pay concrete company. Is it legal for company to file a lien?

I have a written receipt for $9,000 that included concrete and labor. The contractor did not pay the concrete company who now wants to put a lien on my house. Is the concrete company allowed to do this?

0 Answers | Asked in Criminal Law for Montana on
Q: Can probation revoke a deferred sentence for a new felony charge before the person has actually been found guilty?

A friend of mine has been on probation for 3 years now and has had no real issues. His probation officer for those 3 years recently went on maternity leave. Since she has been gone he has been arrested on the suspicion of possession a controlled substance (meth) 2nd offense, class C felony. After... View More

0 Answers | Asked in Divorce for Montana on
Q: I believe my spouse stole the financial disclosures papers so I was never able to respond to them now I have a default

Judgment against me, what are my options?

2 Answers | Asked in Uncategorized for Montana on
Q: If my son is in a seizer, and hits a police officer,can he be charged for assult?
Jordan Douglas Vann
Jordan Douglas Vann
answered on Nov 18, 2024

Seizures are not considered a voluntary action usually. To be found guilty of assault, someone must commit a voluntary offense. With that being said, it would be in your best interest to hire an attorney locally to help you through these issues.

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2 Answers | Asked in Personal Injury for Montana on
Q: I have more then 1 suit in this case should I get 2 or 1 firm 4 mis diagnosis, malpractice, fabrication of emr record?
Stephen Murray
Stephen Murray
answered on Oct 18, 2024

In a case where you have multiple claims, like misdiagnosis, malpractice, and fabrication of electronic medical records (EMR), it’s usually better to work with one firm that can handle all the aspects of the case. The reason is that all these issues are likely intertwined and related to the same... View More

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1 Answer | Asked in Car Accidents for Montana on
Q: I had worked in car hauling company for 6 months. Need advice how to proceed with the bill from Montana State.

Car hauling

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2024

A Montana attorney could advise best, but your question remains open for three weeks. The first place to start would be to figure out what the bill is for. Once you determine that - back taxes, state license fees, claim from DOT for property damage, fine for non-compliance, etc., that would enable... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Montana on
Q: I need help with privacy violations that were made via unauthorized background checks. What do I do? Who do I contact?

I have recently decided to take back my privacy rights. When doing so I discovered a lot of people, whose names, claimed relatives performing background checks when not authorized to do so without my consent. I would like to know the legal steps to pursue this in the most legal ways possible to... View More

James L. Arrasmith
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answered on Oct 9, 2024

Start by gathering all your evidence, including screenshots and any records of unauthorized background checks. Document each instance where your privacy was breached and note the names and organizations involved.

Next, contact the entities that performed these checks. Request a detailed...
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1 Answer | Asked in Employment Law and Civil Rights for Montana on
Q: What is Montana definition of forced labor? I have ILO definition and my employer checks both boxes for their definition

We are required to remain at our station ,under threat of termination, beyond our agreed shifts if our relief does not show up for shift. I've made employer aware I am unwilling to stay past my scheduled shift.

I have left at my scheduled time twice in 3 months. I am forced to remain... View More

James L. Arrasmith
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answered on Aug 31, 2024

Under Montana law, forced labor can fall under the broader category of labor trafficking, which occurs when someone is made to work against their will through the use of force, fraud, or coercion. Your situation seems to match the ILO definition of forced labor, as you are being compelled to work... View More

1 Answer | Asked in Car Accidents for Montana on
Q: Can you get a careless driving ticket do to an accident on private property

Backing incident not sure if I ever hit the other vehicle no evidence of damage to my vehicle.police didn't see damage to my vehicle either.

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2024

A Montana attorney could advise best, but your question remains open for four weeks. Your question probably went unnoticed under the "Car Accidents" category. Some questions here go unanswered, but if your matter is still pending, you could try reposting and adding "Traffic... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Native American Law for Montana on
Q: can fbi agents execute and supervise tribal warrants on tribal land without federal warrants is it a violation.

tribal law and order code criminal procedure states reservation police officers must execute and make arrest of warrants.

James L. Arrasmith
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answered on Jul 18, 2024

FBI agents generally need federal warrants to execute or supervise arrests on tribal land. Tribal warrants should be executed by reservation police officers, as stated in the tribal law and order code.

If FBI agents act without a federal warrant, it might be a violation of tribal...
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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Montana on
Q: I need assistance with a guardianship matter regarding one of my daughter's.

An order to modify the Guardianship is requested because several factors have brought light to new details surrounding the matter, and these new details have arisen many concerns. Recent discovery has revealed the Guardianship currently held by MRS. CDH, over my daughter, CLW, was appointed through... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like you are facing a challenging situation with your daughter's guardianship. To address these issues, you need to gather all the evidence of the fraudulent activities committed by Mrs. CDH. This includes any forged documents, false statements, and proof of your true residence and... View More

1 Answer | Asked in Native American Law and Workers' Compensation for Montana on
Q: do you do help with cases on indian reservations?

I was injured March 21st in my office and I rolled my right foot breaking 2 bones. I turned everything into the Tribe's insurance which is called Tribal First out of San Diego and was just denied last week due to the work didn't have anything to do with the break. We had a sub-committee... View More

James L. Arrasmith
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answered on Jul 18, 2024

I'm sorry to hear about your injury and the challenges you're facing with the Tribe's insurance. Given the circumstances of your injury, it sounds like it occurred during your workday and in response to a work-related task, even though the exact meeting time had not yet arrived.... View More

1 Answer | Asked in Government Contracts and Native American Law for Montana on
Q: What is the difference between state power of attorney and tribal adult protection act?

I would like to take power of attorney over my Navajo elderly parents but they live on the navajo reservation. I live in Montana. Is getting a power of attorney through the state as good as tribal guardianship?

James L. Arrasmith
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answered on Jul 18, 2024

When considering power of attorney for your Navajo elderly parents, it's important to understand the distinctions between state power of attorney and tribal adult protection acts. A state power of attorney is a legal document that allows you to make decisions on behalf of your parents, but its... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation, Civil Rights and Libel & Slander for Montana on
Q: During a hearing regarding disturbing the peace and throwing rocks, what is the procedure for self representation?

My husband was accused of throwing rocks at the neighbor's house. He did not do this. The neighbor started a civil suit against me and my husband last year and has been harassing us with sheriff calls and disputes through the town council. He has disparaged us through emails at his work,... View More

James L. Arrasmith
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answered on Jun 26, 2024

To represent himself at the hearing, your husband should follow these general steps:

1. Notify the court:

- File a written notice with the court stating that he will be representing himself (pro se).

- This can usually be done by submitting a simple statement to the court...
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1 Answer | Asked in Personal Injury for Montana on
Q: Ineed surgery for a work related injury but cannot get it because i am anemic.

I worked for coca cola as a merchandiser for a little over a year. Tore my labrum and bicep at work and need corrective arthroscopic surgery. I am unable to get this surgery done because I am anemic and the surgeon refuses to do the surgery without clearance from my regular physician. What can i... View More

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2024

A Montana attorney could advise best, but your question remains open for two weeks. This may be something more about medical issues than legal issues if there is a sound basis for your primary care physician to not clear you for surgery. At this point, reach out to workers' comp attorneys to... 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

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

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