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Montana Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation for Montana on
Q: if i am within the law and pulled over that constitutes an illegal stop?

i was pulled over for driving without a windshield, which even in the officers own words is legal if i am wearing eye protection, which i was. i firmly believe this is an illegal stop. please correct me if i am wrong because the out come was a no insurance ticket and my truck impounded because he... View More

0 Answers | Asked in Civil Litigation for Montana on
Q: How long do I have to respond to a Montana Civ.Proc. Rule 12(b)(6) Motion to Dismiss filed after my complaint was filed?

Jurisdiction: Montana 8th District Court. The Motion to Dismiss for failure to state a claim was filed by the Defendant after I filed my original complaint (Pro Se) and before the Defendant filed an Answer. Rule 12(b)(6) was not cited in my complaint. Under Rule 12(d), would the Motion to Dismiss... View More

1 Answer | Asked in Civil Litigation for Montana on
Q: Can I sue a caregiving agency if a worker vandalizes my apartment?
T. Augustus Claus
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answered on Aug 7, 2023

If a worker from a caregiving agency vandalizes your apartment, you may have the grounds to pursue legal action against both the individual worker and potentially the agency as well.

1 Answer | Asked in Civil Litigation, Products Liability and Insurance Bad Faith for Montana on
Q: While traveling from California to Montana in January I acquired AAA Towing services $5000+ plus was stolen. Now what?

I left Cali Friday 01/22/21. On The 23rd east of Truckee Nevada I had blown a tire. Wile stuck on side of the road for 6 - 8 hours looking for ways to get it fixed that day the 23rd. AAA had assured me more than once that it would be taken care of that day and even gave me a phone they could get my... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 6, 2021

File a theft complaint with the police if you haven't already. File a claim with your insurance company. Contact Tripple A.

Contact a member of the Nevada Trial Lawyers Assn who handles insurance to see if you have any claim--I'm not seeing it.

You have a claim agasint...
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0 Answers | Asked in Employment Law, Civil Litigation, Communications Law and Internet Law for Montana on
Q: Hosting email for a company with potential of litigation hold, without any formal request for hold.

I have been hosting e-mail for a small company for a couple years. About a year ago I placed the accounts on hold for the potential of a litigation suite. There is conflict of interest as a direct family member was an employee. There is no formal writ of service provided however I believe there... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Montana on
Q: If someone broke into my storage unit and took my belongings can I file a Civil Suite?

This person was going around Butte Montana breaking into storage units. His girl friend pawned some of my jewelry. He is now in jail for doing some of the same. Can I file a civil suite on both people?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 15, 2016

Yes, you can. Problem is collecting, as people in jail often do not have money to pay judgments from the court.

2 Answers | Asked in Civil Litigation for Montana on
Q: I am residing in montana. A police officer tried to serve me a subpoena over facebook...

I am residing in montana. A police officer tried to serve me a subpoena over facebook i did not see the message i just saw a preview of the message saying that there was a subpoena. I have since deactivated my facebook. My question is this; is it legal to serve a subpoena over facebook? Also what... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2015

I'm guessing that the officer was being lazy, and trying to get you to waive service of process. I strongly doubt that he filed a return of service alleging that he had actually served you on Facebook.

No, I don't think you can successfully get a valid service of process quashed...
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