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Nebraska Civil Litigation Questions & Answers
1 Answer | Asked in Family Law, Child Support, Civil Litigation and Health Care Law for Nebraska on
Q: My ex sent me bills for our daughter and I paid them. She did not include discounts. Can I file fraud charges?

I was billed $3600 and told that financial assistance wasn’t available and that the total was including insurance discounts. After reaching out to the hospital it was determined the total was roughly $400 and she didn’t even make a single payment. Now she’s taking me to court for contempt... View More

Julie Fowler
Julie Fowler
answered on Jul 25, 2023

If you feel a crime has been committed, you could try filing a police report but it would be up to law enforcement/prosecutor whether the circumstances meet the criteria for the State to be willing to file criminal charges. Sometimes if they feel the matter may not meet the criteria and could be... View More

1 Answer | Asked in Civil Litigation for Nebraska on
Q: If I forget my keys in my car and it is stolen can I get a ticket for leaving them ?

answer via email if you can please

Julie Fowler
Julie Fowler
answered on Jul 1, 2023

It generally isn't illegal to leave your keys in the car by accident. However, it could be under certain facts. For example, certain forms of insurance fraud. There also may be a civil liabilty component if you are seeking compensation for your stolen vehicle. You should consult with an... View More

1 Answer | Asked in Constitutional Law and Civil Litigation for Nebraska on
Q: Can a munipality legally engage in a civil lawsuit against a church ?

The city attorney for the city of north platte has pursued a lawsuit against a church to the point of obtaining a court order to demolish the church owned building due to surface damage to the church done by vandals removing siding and poking holes in the material under the siding. The church... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is possible for a municipality to engage in a civil lawsuit against a church, just as it is possible for any entity to engage in a civil lawsuit against another entity. However, whether the municipality's actions are legal and appropriate would depend on the specific facts and circumstances... View More

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Nebraska on
Q: Want to know if I will be fined for a lapse of insurance or home owners insurance in the state of Nebraska.

I am changing companies and have been told that I have to have continuous coverage on my auto and home insurance. Is this correct for the state of Nebraska?

Julie Fowler
Julie Fowler
answered on Jan 10, 2023

You have to have "proof of financial responsibility" for your vehicles, which for most people, means that they have to have vehicle liability insurance (auto insurance) on the vehicle at least at the statutory minimums at all times. There are some exceptions that you can read about on... View More

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Nebraska on
Q: I won a small claims case for the return of my dog…I don’t want money…what now

What can I do now to get my dog back?? The judge said after the deadline he would have to pay me…

Julie Fowler
Julie Fowler
answered on Dec 29, 2022

Small claims actions are generally for money judgments. If you want other relief, such as return of property (like a dog) instead of money, then you may need to file a different cause of action outside of small claims court. However, if you are took the case to trial and the judge awarded you... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Nebraska on
Q: local grocery store for 8 years would not give me my rewards perks. My groceries are paid. Store refuses. Embarrassed m

I have my receipt and copy of debit from my bank account. They made me very uncomfortable like I was a thief the manager kept saying I'm not giving you any rewards until you pay for these groceries which are already paid for I never felt so embarrassed. I just happened to be a licensed and... View More

Tim Akpinar
Tim Akpinar
answered on May 15, 2022

A Nebraska attorney could advise best, but your post remains open for three weeks. In terms of the incident you describe and your chosen categories of Personal Injury and Civil Litigation, it's possible you're thinking along the lines of an emotional distress-distress related caused of... View More

1 Answer | Asked in Civil Litigation for Nebraska on
Q: My son traded vehicles with another guy and he will not give us the title. Is there anything we can do?

We provided him a title that he said his dog chewed up so the ownership of my son's car was never transferred to him but he had since sold the car

Julie Fowler
Julie Fowler
answered on Mar 17, 2022

The Nebraska DMV has information regarding obtaining a duplicate title if the original title was destroyed by an animal. Once the title holder has a new title, you should be able to complete the title transfer pursuant to the terms of the purchase agreement. If the other party isn't... View More

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Nebraska on
Q: Paternity question- resembling NE case state ex rel. Miah S. V. Ian K.

In my case , instead of State , the plaintiff ( bio dad) has brought a paternity suite in his own capacity using NE statute 43-1411. The children were born during marriage of my wife and myself. We do not have any divorce decree entered. 43-1411 allows state/alleged father/mother to file paternity... View More

Julie Fowler
Julie Fowler
answered on Sep 22, 2021

When a child is born during the marriage, there is a marital presumption that the child born during the marriage is a child of the marriage. If the parties remain married, they could object to a third party trying to establish paternity and argue that the marital presumption prevents the third... View More

1 Answer | Asked in Civil Litigation for Nebraska on
Q: How do I prove something was a gift in small claims court?
Julie Fowler
Julie Fowler
answered on Feb 17, 2021

It depends on your facts. Small claims court doesn't allow attorneys and the formal rule of evidence don't apply. Whatever documentation you have to support your statement could be useful to provide as evidence to the Court. If there isn't anything in writing or otherwise tangible... View More

1 Answer | Asked in Civil Litigation for Nebraska on
Q: Girlfriend at time is now taking me to small claims court for purchase of truck she told me I could get. What to do??

Purchased in June 2020 now we not together wants me to return truck in February 2021?

Now she suing me any advice?

Julie Fowler
Julie Fowler
answered on Feb 17, 2021

It depends on more facts that what you state here.

1 Answer | Asked in Criminal Law, Gov & Administrative Law, Civil Litigation and Civil Rights for Nebraska on
Q: Do i have rights to leave a treatment program and choose one that is best for me if i was not court orders

Im on probation and my out patient counsoler recommended me for intensive Outpatient Treatment because I missed a few classes I also missed one of those so she then in turn contacted my probate probation officer and told her that I need intensive outpatient treatment she's and made me go to a... View More

Julie Fowler
Julie Fowler
answered on Sep 27, 2020

If there is another treatment program that is a better fit and the person has been accepted into that program, then it is possible to transition a person from one program to the other. The person would want to coordinate with the probation officer to make sure they are also aware of the transfer... View More

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Nebraska on
Q: wife cheated in Nebraska can I sue under religious reason since the bond of matrimony is a religious one

I feel my religious freedom was taken away by this guy that I feel marriage is a promise made to each other as God being a witness and blessing the marriage

Julie Fowler
Julie Fowler
answered on Apr 16, 2020

Nebraska is a no fault divorce state. You would have to speak with your religious leaders to see if there is a religious sanction within your religion for breaking the vows. This would not be something enforced through the Court.

2 Answers | Asked in Family Law and Civil Litigation for Nebraska on
Q: I’m in Nebraska my wife cheated can I sue the third party
Julie Fowler
Julie Fowler
answered on Apr 15, 2020

There was an old cause of action for damages against a person that your spouse cheated on you with. Although other states may still have some form of this action available, Nebraska has abolished this cause of action.

Cheating is a common cause of divorce. Except in cases where one...
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1 Answer | Asked in Civil Litigation and Collections for Nebraska on
Q: I owe $7000 for damage in an auto accident. Told the collection agency I can pay $100 per month. All I can afford.

As long as I am giving them something, they gave to accept it. Is this correct?

James Polack
James Polack
answered on Jan 9, 2020

Under Nebraska law the insurer or their collection agency can sue you for the $7,000. If they get a judgment they can typically garnish 25 percent of your wages if you are not head of household, 15 percent if you are head of household, and they can garnish 100 percent of your bank account unless... View More

1 Answer | Asked in Criminal Law, Business Law, Civil Litigation and Civil Rights for Nebraska on
Q: I am a white man from Omaha, who was recently threatened to be killed with a machete or corn knife by a black man.

He lunged at me and started to swing the machete in a menacing manner while saying “I’m going to kill you.” If I understand the NEBRASKA laws correctly this is the crime of a terroristic threat and additionally, very likely a hate crime. What procedure should I follow in regards to this incident?

Julie Fowler
Julie Fowler
answered on Jan 6, 2020

Terrorist threats is a crime. You can call the non-emergency law enforcement phone number and request to make a report. It would then be up to the county attorney whether to file criminal charges based on that report or not.

If you are in fear that this person may come after you, can may...
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1 Answer | Asked in Civil Litigation for Nebraska on
Q: is title 42 enacted in the law
Julie Fowler
Julie Fowler
answered on Dec 9, 2019

There is a title 42 of the US Code that is part of federal law. There are likely also states and local laws under the title of "Title 42".

1 Answer | Asked in Civil Litigation for Nebraska on
Q: Can I write a demand letter on behalf of a company that has hired me?

Hypothetically, lets say I was hired by an online, virtual-goods company. I have experience in writing demand letters, typically cease-desists, or a request letter. The company that has hired me experiences what are called "Chargebacks", meaning they sell virtual goods (like a rank on a... View More

Julie Fowler
Julie Fowler
answered on Aug 8, 2019

While a company doesn't need an attorney to draft every correspondence that may lead to legal action, you are entering dangerous territory of unauthorized practice of the law if the company is asking you to draft "legal requests" and you are not an attorney. This is especially true... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Nebraska on
Q: Must I always be required by law to show plates on my car that has no commercial use?

I am going to school until March 2020. Then I will move back home in Arizona.

Julie Fowler
Julie Fowler
answered on Jul 11, 2019

Nebraska law requires a person to register their vehicle, have plates on their vehicle, and pay certain taxes and fees. A party must also carry insurance on their vehicle. For a complete list of requirements, you can find the information on the Nebraska DMV's website. There is no grace... View More

1 Answer | Asked in Divorce and Civil Litigation for Nebraska on
Q: A good friend is having a nasty breakup with a very angry person who won't let her retrieve her and her son's property.

She was living with him and he is refusing to let her retrieve her things. He said he would put it out on his patio for her to get but he hasn't done it. It's been 3 days. He also keeps harassing her via text about the breakup. All my friend wants is to get her clothes, laptop, and her... View More

Julie Fowler
Julie Fowler
answered on May 16, 2019

If the parties are married and divorcing, requesting a temporary order in the divorce action could help resolve some of these issues. The party could ask for a specific order allowing her to retrieve her immediately necessary items. When non-married joint tenants split up, there are a number of... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Nebraska on
Q: My nephew was brutally assaulted by a 14 yr old in foster care. Who is responsible criminally & financially?

My nephew endured hundreds of sutures to his face neck and legs from stab wounds. He also had a metal plate placed in his jaw to repair it. This person has admitted & laughed about them doing this on Facebook & to friends. There is an investigation (small town) underway but seems to be... View More

Brendan Michael Kelly
Brendan Michael Kelly
answered on Jul 24, 2017

Yes the state can be held accountable for the medical bills and for the action of the kid who assaulted the boy. Get a lawyer and they will be able to help.

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