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Nebraska Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation, Collections and Legal Malpractice for Nebraska on
Q: Req. for Sum. Judgment incorrectly claims interrogatories were not answered; complaint is factually incorrect. Options?

Approximately one year ago, I was sued by a collection company over a relatively small (under $1K) medical bill that should have been covered by insurance but wasn’t. I answered the filing with a request for evidence of the debt, and the collection agency tried to intimidate me with a nine-point... View More

1 Answer | Asked in Civil Litigation for Nebraska on
Q: I purchased a truck from a private owner that we both signed a bill of sale. He still has not sent the title.

He still had a loan on the truck and said he’d pay it off with the money I gave him and send the title in the mail. It’s been 30 days and still nothing I haven’t been able to reach him the past week.

Julie Fowler
Julie Fowler
answered on Feb 19, 2024

If you had a contract regarding purchase of a vehicle and the other party is not fulfilling their part, you may need to bring a breach of contract action against the other party if unable to resolve on your own. If the dollar amount is low enough, you could bring the action in Small Claims Court.... View More

2 Answers | Asked in Civil Litigation and Contracts for Nebraska on
Q: I have money and my girlfriend doesn't. She wants a new car.

She wants a new BMW. I can pay cash for it. What is the best possible way to protect my assets in case our relationship fails or she's crashes the car and kills someone? Should I title it in her name and just put a lien on it or can I leave it in my name. I plan on giving her a "personal... View More

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

There are a number of options. One commonly used method is to offer a vehicle loan and have the vehicle as the secured collateral for the loan. You need to file the same requirements as to registering your loan and the paperwork as do other secured lenders. You would be subject to the same... View More

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1 Answer | Asked in Contracts and Civil Litigation for Nebraska on
Q: I loaned a friend 5000.00 for 6mos and he is to pay back 6000.00 it's been a yr now and I need my money back I do have a

Written agreement signed by both of us plus he signed his truck title and gave to me for catallol can I repo the truck since he breached our contract or what can I do this will take place in nebraska

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Your options depending on whether you followed the legal formalities to register and properly document your secured collateral/lien on the vehicle. If you did, then you have the remedies available to other secured creditors, which can include repossession. If you did not follow the legal... View More

2 Answers | Asked in Civil Litigation and Civil Rights for Nebraska on
Q: Are places allowed to ban you from coming back IF the pharmacy you go to is in the building? Is there a work around?

The context is that I went to a store for a money order. Staff are horrible with noticing people at customer service. Typically when it's like that, I will look around the store and think of if I need anything. Which, staff were glaring at me. After getting the money order, I get some stuff... View More

James L. Arrasmith
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answered on Dec 29, 2023

In Nebraska, as in most states, private businesses, including stores with pharmacies, generally have the right to refuse service or ban individuals from their premises. This can be for various reasons, as long as it's not based on discrimination against a protected class under civil rights... View More

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1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Nebraska on
Q: Is there a way to get money I put into a joint account back?

My bank and mom said I wasn’t allowed to have the money I put into that account back.

T. Augustus Claus
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answered on Nov 9, 2023

joint account holders have an equal interest in the funds in the account, regardless of who deposited the money. This means that you have a right to withdraw your money from the account, even if your mom doesn't want you to.

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

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