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Montana Questions & Answers
1 Answer | Asked in Car Accidents for Montana on
Q: A new car burns up with 800 miles & my children are traumatized, can you do something to the manufacture?

My car started on fire and burnt to the ground. My daughter was locked in and did get out. My 5 year old is traumitzed by this. I lost a car and the factory warranty is taking for ever. also I do have coverage for car rental, they expect me to pay out of pocket and be reimb. bi-weekly or monthly. I... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 22, 2017

Contact a member of the Montana Trial Lawyers Assn. Generally, courts don't favor emotional issues. On a personal level suggest you look into a form of therapy called EMDR for your kids. They may be old enough now or in a year or so. Google : Psychology Today EMDR ___________________(name... View More

1 Answer | Asked in Workers' Compensation for Montana on
Q: i cut my finger at my old job and was taken to Urgent Care to be seen on may 16, 2015.

i received a call at work yesterday, march 9, 2017 from collections saying i had a debt in my name from this visit. when i got my injury report from the doctor, it says in the first line of text that this was to be a workmans comp situation. my former boss was aware of this being a comp claim,... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 12, 2017

Tell the urgent care billing then the collections that you had comp. You should have the workers comp claim number.

1 Answer | Asked in Education Law and Constitutional Law for Montana on
Q: I'm work in a school district and i'm looking for the montana school laws on due process. I'm completely new to this.

I had an incident happen at school and i was to know if Due process was followed?

Brian Lehman
Brian Lehman
answered on Jan 30, 2017

You would need to provide more information on what happened. Due process and its requirement can play out in a number of ways depending on what happened and who was involved.

1 Answer | Asked in Contracts, Libel & Slander, Personal Injury and Landlord - Tenant for Montana on
Q: Can I collect damages with a Tort suit filed on resident false allegations to evict me from HUD/Sec. 8 Montana Housing?

I am a twenty-eight (28) year disabled resident being bullied by management harassment, intimidation and abusive threats.

Peter N. Munsing
Peter N. Munsing
answered on Sep 24, 2016

You might, but as they have little money or they wouldn't be section 8 you won't get it from them. Suggest you look at if there is a grievance procedure--contact your local legal services/legal aid office.

1 Answer | Asked in Employment Law, Personal Injury and Landlord - Tenant for Montana on
Q: I've been evicted. How do I request more time to move all the non-profit belongings and animals?

I was staying for free, so I don't owe any money, in fact she owes me back pay of $35,300.00. There was never a tenant landlord relationship, and someone else now owns the property, and has given me the time "sooner than later" to move off. I am disabled and 64 years old woth no... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 20, 2016

First you need to contact a member of the Montana Trial Lawyers Association who handles employment issues NOW!

Not sure what non profit belongings and animals are. If they belong to a not for profit organization, tell the organization to move them. If not, it's on you--new owner...
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1 Answer | Asked in Medical Malpractice for Montana on
Q: Hi my name is Steven. I'm looking for some advice on Medical Malpractice

My father had an infiltrated vein and died 6 hrs later. He was getting prepared for dialysis when the nurse infiltrated his vein. He was at the hospital preparing for a kidney transplant, which was denied. They kept him in the hospital for 6 days. He also got an infection which caused a fever... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 25, 2016

Sounds like suboptimal care but given his compromised condition it wold be difficult to show that the errors were outside the boundaries of the normal standard of care. I suggest you contact a member of the Montana Assn for Justice--they give free consults.

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.

1 Answer | Asked in Criminal Law and Personal Injury for Montana on
Q: Can you assault someone if they haze you?.
Adam Studnicki
Adam Studnicki
answered on Feb 12, 2016

Not a good idea.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive...
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1 Answer | Asked in Estate Planning for Montana on
Q: Who is the authorized person for a Coverdell ESA?

My son's grandmother setup a Coverdell ESA for my son. My understanding was that anyone can setup Coverdell ESA but a parent or legal guardian is the responsible person till child turns 18 or 21 (depending on the state laws). But, when I tried to take a distribution from the account, I was... View More

Mark Anderson
Mark Anderson
answered on Mar 8, 2016

It probably depends upon how the account was set up. You should try writing the company and providing the information.

1 Answer | Asked in Family Law for Montana on
Q: We got a legal divorce six years ago that was simply a financial move, but we stayed together.

Now we are actually divorcing. The only thing we share is the house. He doesn't want to sell it and I don't want him to have it, even if he pays me 1/2 the value. We own it as tenants in common. We were unable to settle with a mediator. Will the court force him to sell or will they make... View More

Mark Anderson
Mark Anderson
answered on Mar 8, 2016

You are better off to work it out in mediation. The court might order a sale if the property cannot be divided. At least in mediation, you know what you will get.

1 Answer | Asked in Criminal Law for Montana on
Q: Does a person have to attend sentencing after being convicted of a del murder crime
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 6, 2015

Yes, the defendant who has been convicted must be present for sentencing.

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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1 Answer | Asked in Land Use & Zoning for Montana on
Q: Can a change to commercial zoning laws be retroactive & close a business that is already operating legally? state of MT
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 20, 2015

No. The owner of the business has the right to continue the non-conforming use, but that use cannot be expanded or changed.

1 Answer | Asked in Employment Law for Montana on
Q: I want to know if its illegal for an employer to make me work on my wedding day?

I am getting married in a little over two weeks, I put in the request about a month ago. We are going to the courthouse and have a big wedding later on, but either way I don't want to work on my wedding day I want to spend that with the guy I am marrying. However just yesterday, I got told by... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

I do not think that you can say that it is illegal to make you work on your wedding day. It probably is not illegal.

1 Answer | Asked in Family Law for Montana on
Q: Do I have less rights to my children if I gave them their father - boyfriend - his last name?

He promised me we would be married when our son was born and that has not happened. I am pregnant currently with another child and he is the father, and he is threatening to leave and take the children with him. what are my rights? what should I do? I have MS and he is using that against me saying... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 14, 2015

Whether or not they have his surname has very little, if anything to do with what parental rights you have. The fact that you have MS may have some bearing, but not very much, probably.

1 Answer | Asked in Family Law for Montana on
Q: If the parenting plan has been vacated, then the custodial parent wants to reinstate the original plan, can he?

The children's father was originally awarded primary custody, the for about a year we've been doing 50/50, now he wants to go back to the original plan. Can he do this?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 13, 2015

You have to follow the court order. Get an attorney on your side swiftly.

1 Answer | Asked in Civil Rights for Montana on
Q: How do I sue for discrimination
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 2, 2015

Get an attorney. Do you think you can do a thing as complex as civil litigation for discrimination by yourself? If so, your are wrong in my opinion. The case would most likely get dismissed for failure to state a cause of action. There are certain pleading requirements for lawsuits. You could do an... View More

1 Answer | Asked in Criminal Law for Montana on
Q: Vermont resident, looking to buy a gun in Montana privately, from a Montana resident.

Wondering if this is legal.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 2, 2015

Research is time and time is money to a criminal defense attorney. This question requires research. Go see a private criminal defense attorney about it.

1 Answer | Asked in Employment Law for Montana on
Q: What is the employees liability when then company that the employee works for is listed in a civil suit?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 8, 2015

There are not enough facts given here for any sort of answer. Go see a local attorney about this.

1 Answer | Asked in DUI / DWI for Montana on
Q: Can I be charged with a DUI when I wasn't in around or never got in my vehicle when I started drinking
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 18, 2015

You need to hire a private criminal defense attorney in my opinion.You did not provide enough facts for any other answer than this.

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