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Nebraska Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for Nebraska on
Q: How long do I have to invoice a consumer for my service?

I was reviewing accounts and realized I never invoiced a consumer for my services. A year has passed since the services, are they still legally bound to pay me?

Julie Fowler
Julie Fowler
answered on Sep 21, 2021

Depending on the facts, you are still likely within the statute of limitations to collect the debt. Call the customer and explain the mistake. The customer shouldn't expect to get a free service when there was an agreement to pay. You may also need to talk with your tax professional to find... View More

1 Answer | Asked in Bankruptcy for Nebraska on
Q: Can you file bankruptcy on an overpayment made by disability?
Timothy Denison
Timothy Denison
answered on Aug 29, 2021

No.

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My landlord isn't doing repairs.

I notified my landlord 2 weeks ago that my air conditioner wasn't working right. I was told it would be fixed by the 21st. It still hasn't been. Can I buy a new one (in wall unit) and have it installed and deduct the entire cost from my rent?

Julie Fowler
Julie Fowler
answered on Sep 21, 2021

Probably not.

The Legal Aid Landlord Tenant Handbook is a good resource to review for some basic info before speaking with an attorney about your specific situation.

https://www.legalaidofnebraska.org/wp-content/uploads/2019/05/Landlord-and-Tenant-handbook-2017.pdf

1 Answer | Asked in Family Law for Nebraska on
Q: Hello my mom got sick and they put her in a home now my sister won't let me se my mo w what should I do
Julie Fowler
Julie Fowler
answered on Aug 19, 2021

Unless your mother is incapacitated, it is usually the patient's choice as to who they want to visit them.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: If I get pulled over with a motorcycle learners permit, what are the consequences?
Julie Fowler
Julie Fowler
answered on Aug 19, 2021

One consequence of driving alone with a learner's permit is to have the permit revoked and becoming ineligible for a further permit until the driver is 16 years old.

1 Answer | Asked in Consumer Law, Lemon Law and Civil Rights for Nebraska on
Q: got hired to repair deck, now he doesn't want to pay me. he keeps changing and hurrying me to finish. what are my rights
Julie Fowler
Julie Fowler
answered on Aug 19, 2021

One option may be a construction lien. See the Nebraska Construction Lien Act, starting at Neb. Rev. Stat. Section 52-125.

1 Answer | Asked in Business Law for Nebraska on
Q: How can I recover loss of use for commercial equipment? The other party is liable as it was hit and run.
Julie Fowler
Julie Fowler
answered on Aug 19, 2021

You can pursue the liable party, if they can be found. Another option may be to make a claim on your insurance. You would want to review your insurance policies to see what coverage may be available.

1 Answer | Asked in Insurance Bad Faith for Nebraska on
Q: Insurance company for the at fault party is refusing to pay for damages resulting in their insured being at fault.

My company’s utility trailer,that is essential to operate my business, was totaled by garbage truck. It was a hit and run. It’s been nearly a year and the at faults insurance is refusing to pay anything but a small fraction of the money my business is out. They refuse to show any paperwork for... View More

Julie Fowler
Julie Fowler
answered on Aug 19, 2021

If you were in a motor vehicle collision and the other insurance company is offering to pay less than the damages, then it may be time to retain an attorney and pursue legal action for the damages. The Court will generally order the party to pay reasonably related damages. The party not at fault... View More

1 Answer | Asked in Child Support for Nebraska on
Q: Why would a Complaint to Modify and a Stipulation to Modify have different statements for child support.

Stipulation says zero and Complaint says 10% increase in defendants child support obligation. My son is 18 and decided to live with his father in another state.

Julie Fowler
Julie Fowler
answered on Aug 19, 2021

The Complaint just has to give the other party general notice as to what might be requested if the case goes to trial. The Stipulation is what the parties actually agree to. Thus, the Complaint and Stipulation often have very different language.

1 Answer | Asked in Consumer Law for Nebraska on
Q: Can something found during an inventory of a car be used to charge someone

My husband was pulled over for no plates. The van was going to be impounded. The sheriff’s started going through van without consent from my husband. My husband told sheriff he didn’t have permission to search the van. The sheriff said it wasn’t a search it was an inventory. They found a... View More

Julie Fowler
Julie Fowler
answered on Aug 19, 2021

Law enforcement is required to inventory when a vehicle is impounded. Any inventory found that is evidence of a crime can generally be used as evidence of that crime. That being said, law enforcement can't just claim they may have to do an inventory in the future when really they are doing a... View More

1 Answer | Asked in Divorce for Nebraska on
Q: I was given a house by my father after date of separation but before divorce papers were filed is it separate property?

Would my house gifted to me by my father after date of separation but before divorce paperwork was filed be separate property or marital property?

Julie Fowler
Julie Fowler
answered on Aug 19, 2021

It depends on the facts, but there is the potential of a marital interest in the real estate, even if the spouse is not on the title. Even if only one spouse is on the title of the deed, the spouse may not have the ability to pass a clear title if there is a marital interest in the property.... View More

1 Answer | Asked in Employment Law for Nebraska on
Q: Can an employer pack up your desk if you are out on FMLA
Kyle Anderson
Kyle Anderson
answered on Aug 4, 2021

Hi, I don't see anything inherently wrong with this. However, the employer does have a duty to return you to the same or similar position when you return from FMLA. I would reach out to an employment law attorney in your state if you have any issues.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Does temporary guardianship give up my rights to my kids? Can my mother then cut off 100% all communication between me?

I’m January I signed temporary guardianship of my two kids to my mom while I checked myself in to a rehab. I can’t for certain remember what the paper said but I do recall my name being spelled wrong completely. Would that even hold in court? I never received a copy of the document nor did I... View More

Julie Fowler
Julie Fowler
answered on Aug 19, 2021

It depends on what you signed in the court action and what type of court action it self.

If you signed a consent to guardianship or similar court papers, then you would need to file a court action to terminate the guardianship or ask in the court action for specific parenting time if the...
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1 Answer | Asked in Family Law for Nebraska on
Q: My 15 yr is pregnant and running away all the time. Is there anything I can do to protect them both?
Julie Fowler
Julie Fowler
answered on Aug 19, 2021

A good place to start looking for advice is a counselor or Boys Town. Boys Town National Hotline (1-800-448-3000). Often these are the type of professionals that can best help in these situations. If you are looking to get the child placed outside of the home, there are legal options but are... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Nebraska on
Q: My son 8 told me his mom is manipulating him into hanging w/ affair partner/cousin he’s scared to go back what can I do

He doesn’t want to go back he has an older sister 14 who who this guy punched and their mother doesn’t care for because she chooses partner over kids

Julie Fowler
Julie Fowler
answered on Aug 19, 2021

If you believe a child in Nebraska is being abused or neglected, then you have a duty to report such to the Nebraska Child Abuse Hotline. Everyone is a mandatory reporter in Nebraska.

If you want to ask the Court to enter or change a custody order or parenting time, then you would need to...
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2 Answers | Asked in Child Support, Divorce and Family Law for Nebraska on
Q: Wife and I are divorcing. She is giving me full custody. Can she waive alimony and i waive child support?

Wife and I agree on a simple, uncontested divorce. We have 3 minor children. She is granting me full legal and custodial custody, uncontested. She is leaving the state and going far away, so any joint custody will be impossible. She said that she does not want alimony because I have to raise the... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jul 21, 2021

Yes, either party can waive alimony, and if it is waived at the time of divorce, it can never be requested again in the future. Child support is a different story. Even if it is waived initially, it can be modified to request support in the future. There are circumstances where the State will... View More

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1 Answer | Asked in Car Accidents for Nebraska on
Q: I’m nebraska if a garbage truck hits my businesses only trail(essential equipment) how do I recover loss of use?
Tim Akpinar
Tim Akpinar
answered on Jul 5, 2021

A Nebraska attorney could advise best, but your post remains open for two weeks. You would need to initiate a property damage claim. It would be advisable to consult with a Nebraska attorney to identify any filing deadlines. If you're claiming loss of use, you could be requested to produce... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Arbitration / Mediation Law for Nebraska on
Q: How do I find a pro bono lawyer to represent me for my son's case in homicide
Julie Fowler
Julie Fowler
answered on Jun 18, 2021

He is entitled to a pro bono attorney through the public defender's office. At the first hearing, the Court will ask him if he can afford an attorney. If he says no, the Court will appoint him an attorney pro bono from the public defender's office.

1 Answer | Asked in Estate Planning for Nebraska on
Q: My husband and I need a basic will set up. How much does this cost usually?
Julie Fowler
Julie Fowler
answered on Jun 18, 2021

It depends on a lot of factors. Probably between $500 to $5,000 depending on what your assets and debts are and what you mean by "basic will."

1 Answer | Asked in Criminal Law for Nebraska on
Q: How can the law inforcement break in a residence without the homeowners being home an search in Nebraska?
Julie Fowler
Julie Fowler
answered on Jun 18, 2021

Was there a search warrant? If so, then this was very likely lawful.

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