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Montana Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Montana on
Q: When a residence is raided by law enforcement they leave behind a property sheet of items they took, at the top it says

Property receipt, I’ve been told that I can go retrieve the items they took from my room. Is this true , as they took $ 2300.00 from me that I had been saving. No charges have filed on any of the individuals there nor the home owner.

Meg Strickler
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answered on Mar 1, 2021

I would advise that you contact a lawyer to attempt to get your items back. Since there was a search warrant executed where you live, it may mean that there is an active investigation and thus it may not be a good idea to speak to law enforcement without representation.

Charges could...
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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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2 Answers | Asked in Immigration Law for Montana on
Q: The mother of my child is American. However she was born in England bt lived here 42yrs How can we get her U.S.citizens?

AS A child her Father ONLY- (dec-citizen), raised her inside the US. THEN She was 12 & forced into foster care. She had graduated HS, ALWAYS WORKED since age 17 or younger and always paid her taxes like ALL Americans SHOULD. She never has been on Assistance or has never asked the government for... View More

Nareshwar Singh Virdi
Nareshwar Singh Virdi
answered on Feb 28, 2021

This is a complicated situation. We need more information to determine if she ever qualified as a citizen as a minor.

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1 Answer | Asked in Real Estate Law for Montana on
Q: How can i buy an abandoned house from a person who is deceased

My aunts bf died 3 years ago and the house has been abandoned since then no one has claimed ownership and 3 years of taxes are owed. It is in montana and i am wanting to know how i could go about buying the house

Anthony M. Avery
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answered on Jan 4, 2021

Hire a competent MT attorney to search the Title, determine Heirship, and draft/record an Affidavit of Heirship. That will be your Source of Title but you will have to pay sufficient money to the Heirs to get their Deed. Or you might check when the Tax Sale will be. A possible successful bid... View More

1 Answer | Asked in Employment Law, Contracts, Copyright and Business Law for Montana on
Q: Regarding the employment of an individual to work on a Youtube channel, what are the conditions of a non-compete clause?

In this case, the agreement prohibits "similar derivative" from being created by the employee.

What are the space, time and content limitations of such clauses? Are there others?

What are legal references to such provisions?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 17, 2020

You need to contact an attorney to understand this better.

The restrictions can be limited to a reasonable time and geographical area.

It also depends on whether there was compensation and the amount of said compensation.

1 Answer | Asked in Divorce and Military Law for Montana on
Q: I need someone to help me with a COPA for the USPS in Billings Montana?
Tim Akpinar
Tim Akpinar
answered on Jan 4, 2021

I'm sorry your question remains open for five weeks. At this point, you could reach out to attorneys using the Find-a-Lawyer tab above to the left, or through your own independent searches. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury and Municipal Law for Montana on
Q: If I was on a pedestrian and bicycle path and the car driver had a yield sign where I was badly injured is it my fault ?

I was on a bicycle and pedestrian path many people use every day! I was still on the path and it had a crosswalk on the path. The driver of the car had a pedestrian yield sign and didn’t yield hitting me and causing severe injuries. Police came with ambulance and fire trucks and I was rushed to... View More

Gregory Scott Greenberg
Gregory Scott Greenberg
answered on Nov 22, 2020

It does not sound like you are at fault here. However, I strongly advise you get an attorney licensed in the state of Montana as soon as possible to assist you further with this issue.

2 Answers | Asked in Bankruptcy for Montana on
Q: In filing chapter 7, with a secure debt of jewelry how do you approach it if the jewelry is no longer available?

I financed a ring 5 years ago, pawned it 3 years ago and lost it to the pawn shop. Now I am filing bankruptcy and do not know how to approach the debt in my forms?

Mr. Chad Van Horn
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Mr. Chad Van Horn
answered on Nov 2, 2020

List the debt on schedule F and put in the description that the jewelry was lost. A debt cannot be secured by assets of the debtor if the debtor no longer has the collateral. It shouldn't be an issue as long as you tell the truth.

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1 Answer | Asked in Immigration Law for Montana on
Q: Please help me get my boyfriend from Nigeria here for the holidays with my family. We have been dating a year and half.

Met online 3 years ago. Been dating over a year now. Never met. I want to get him here for the holidays with my family. 3 month visit.

Adan Vega
Adan Vega
answered on Sep 25, 2020

Your boyfriend will need to apply for a non-immigrant B-1/B-2 visa at the U.S. consulate in Nigeria.

2 Answers | Asked in Bankruptcy for Montana on
Q: I have a judgement against me and garnishment of my wages has begun. Is this now a secured debt?

How do I determine the Value of Collateral if this is a credit card debt, Im being garnished for?

David Luther Woodward
David Luther Woodward
answered on Aug 8, 2020

Depending on the procedure in your state--and it varies by state--if the Plaintiff has secured a judgment lien, then it is secured. Otherwise, probably not.

You should consult a lawyer do give you a reading on the law in your state.

d

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1 Answer | Asked in Bankruptcy for Montana on
Q: How do you determine the value of a professional license you hold?

Form about property you own

David Luther Woodward
David Luther Woodward
answered on Aug 4, 2020

If your license is as a physician, a lawyer, an accountant, or the like, I give them no value because there is not market: it cannot be sold or purchased (lawfully, that is). So if there is no market, there is no value.

1 Answer | Asked in Health Care Law, Consumer Law, Criminal Law and Personal Injury for Montana on
Q: I’m getting trespass from grocery stores because I have health issues that keep me from wearing a mask. I’m in Missoula

They say that there’s certain stores I can order curbside from but I haven’t figured it out yet and I’m getting hungry and was hoping I’d be able to go into a grocery store to get some food.

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2020

A Montana attorney could answer best, but your post remains open for two weeks. Don't risk trespass charges - check with a doctor if your condition is a medical excusal AND additionally if those establishments will accept it. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Employment Law, Workers' Compensation and Business Law for Montana on
Q: I am owed wages from my previous employer, instead of paying, they've threatened to kill me, can i sue?

I was getting paid by company check, then started being paid in cash. I asked about it and was threatened with physical harm and when i reported the threats my hours were cut and haven't been paid for my last 5 weeks of work. Each time, I'd call I'd be given excuses and then i... View More

Kyle Anderson
Kyle Anderson
answered on Jun 18, 2020

Hi, the Fair Labor Standards Act requires you to be paid at least the minimum wage for all hours worked. If you worked any overtime, you would also be entitled to that as well. I would reach out to an employment law attorney in your state to discuss options.

1 Answer | Asked in Immigration Law for Montana on
Q: The National Visa Center keeps asking for the same civil documents.

The National Visa Center keeps asking for the same civil documents (copy of marriage certificate or police record), I submitted all the docs and they were approved, with the I-130 which is also approved. What’s going on at the NVC?”

Drew Elesh
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Drew Elesh
answered on May 26, 2020

we have fixed this for several clients this year.

We can represent you for the final stages of setting up the

profile and complete the remaining forms including the Dept of State

forms and prepare the client for interview. There is also a new public charge

form added since Feb.

1 Answer | Asked in Immigration Law for Montana on
Q: can a person with a tourist visa to the usa come here, get married, and stay here after she marries a us citizen?

thai citizen with a B1 tourist visa

has a 10 year old daughter

would plan on getting married to me, a us citizen

can she stay after marriage to me and apply for a greencard?

Adan Vega
Adan Vega
answered on Mar 9, 2020

Your plans to have your fiancée enter the U.S. with a B-1/B-2 visa in order to marry a U.S. citizen and adjust status with USCIS is an inappropriate use of the non- immigrant visitor visa. An attempt to file a request to adjust status with USCIS can be denied based on a misrepresentation at the... View More

Q: I don't understand specific language in an NDA I'm being asked to sign. Can you help? (See More Information section)

A company wants me to sign an NDA before I submit a product idea to them (I'm a Product Developer). I'm not clear on what this means and it concerns me a bit: "Each party hereby expressly acknowledges and agrees that any failure to comply with the provisions of this AGREEMENT will... View More

Tania Maria Williams
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answered on Feb 12, 2020

I am not licensed in Montana but that looks like an injunctive relief provision. Whenever a breach of contract causes what we call “irreparable harm,” a party may try to get an injunction or other equitable relief. Many people put that provision into an NDA to be able to more easily get an... View More

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1 Answer | Asked in Tax Law for Montana on
Q: Concerning 28 USC 3001 et seq, after what amount of time is a quitclaim between one family member to another with no

Concerning 28 USC 3001 et seq, after what amount of time is a quitclaim between one family member to another with no cost attached to it not able to be legally reversed or have a 3rd party lien placed against the property by the IRS?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 3, 2020

28 USC 3001(b) reverts to 26 USC 6503(a)(1) which contains a 10 year collection period that can be paused upon specific occurrences.

26 USC 6901 also has rules for extension of assessment under specific situations and allows collection of third party transfers form transferrees and...
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1 Answer | Asked in Tax Law for Montana on
Q: What law(s) in particular can you cite concerning reversal of a quitclaim from one family member to another?

I already know that if you do a quitclaim from one family member to another, without charging them money for it, while there is currently no lien on the house Just to file bankruptcy that the quitclaim is going to end up getting reversed by a judge. However, I have been told by a lawyer outside of... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 3, 2020

28 USC 3001 et seq

1 Answer | Asked in Tax Law for Montana on
Q: Hello. This is a question concerning what power the U.S. government has over other people’s property.

Can the I.R.S. legally find a way to reverse a quitclaim on the title to a person’s house if it was quitclaimed over from a mother to her child, who are still living together in the same house, before neither a lien nor a levy could end up being put on the property?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 1, 2020

Yes, there's state and federal laws that reverse fraudulent teanfers or create third party liens where property was transferred for less than fair market value or in an attempt to defraud creditors.

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