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Nebraska Questions & Answers
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 Employment Discrimination and Employment Law for Nebraska on
Q: Hypothetically, say you work for a company they didn’t pay you while you work even after but fired you.what can I do?

After they fired me, I called them and asked if they were going to pay me and they just told me not to call back and that I was on the case I was just basically confused. I’m still confused to this day I still haven’t been paid. I called my local courthouse. There is nothing on my name, so... View More

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Depending on your specific facts, you may have a cause of action under the Nebraska Wage Payment and Collection Act. Under this set of statutes (Neb. Rev. Stat. Section 48-1228 to 48-126), the employer can be ordered to pay fines and attorney fees if you are successful under this Act if forcing... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: what are the nebraska gun laws
Julie Fowler
Julie Fowler
answered on Feb 14, 2024

The Nebraska Legislative Research Office puts together a handbook about gun laws every few years.

https://nebraskalegislature.gov/pdf/reports/research/firearmlaws_2021.pdf

1 Answer | Asked in Estate Planning and Banking for Nebraska on
Q: I'm trying to open an estate account. I have all legal documents I need to do so, however, checxsystem is blocking me

How do I get around that?

James L. Arrasmith
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answered on Jan 31, 2024

If you're facing issues opening an estate account due to a ChexSystems block, there are steps you can take to address the situation:

Contact ChexSystems: Reach out to ChexSystems to obtain a copy of your consumer report. You have the right to request this report annually, free of...
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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

1 Answer | Asked in Child Support for Nebraska on
Q: My husband has paid his child support order in full by paying extra and it has been terminated. Can it be reopened?

His ex is asking for him to keep paying her money each month even though the case has been terminated. Can she take him back to court for another order even though he has paid this order in full?

Julie Fowler
Julie Fowler
answered on Jan 19, 2024

If the children are still minors, either parent can file to have child support ordered again.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: If you get a citation in Nebraska for expired license plates, can you run on them up until the court date on the ticket?
Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Having a case pending for a certain crime does not give you immunity if you continue to commit the crime until the court date. In fact, if you obtain a second ticket for driving with expired plates while the first case is pending, the prosecutor is likely to push for a stronger punishment if you... View More

1 Answer | Asked in Copyright and Intellectual Property for Nebraska on
Q: Is the following term considered "reasonable" when purchasing digital goods: Both parties must own the asset.

Most digital creators have something along the lines of the following in their TOS:

You are allowed to commission/take commissions for putting the asset on an avatar, however both parties must own a license.

From my understanding, it would seem as though this is unreasonable. I... View More

James L. Arrasmith
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answered on Jan 4, 2024

In the realm of digital goods and intellectual property, terms and conditions, including licensing requirements, are often set by the creators or distributors of these products. The requirement that both parties must own a license to commission or work with a digital asset is not uncommon in this... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: I got pulled over for expired registration (expired for 4 months) and for no insurance.

I didn’t get a ticket but do have a court date. I now have insurance but was not financially able (due to a change in my finances as well as health issues) to pay to update my registration before the court date. I’m so nervous going into court without being able to update my registration. Will... View More

T. Augustus Claus
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answered on Jan 3, 2024

In Nebraska, driving with expired registration and no insurance are considered traffic violations. While you did not receive a ticket on the spot, the court date indicates that you may face consequences for these infractions. It's crucial to update your registration and obtain insurance before... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: If there is no legal custody set up for my child. can I be called in for kidnapping if I decide to keep my child.

I picked up my child for Christmas break and when I did, I smelled marajuana in the house that she was living in. After doing an at home drug test and it coming up positive, I have decided to have my child live with me. My child's mother is insistant that I need to return her however custody... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

It depends. It is rare for there to be grounds for a kidnapping charge to be filed against a parent of a child. If you are not legally established as the father, then there may be grounds for kidnapping. If you haven't seen your child in years, then there may be grounds. If there is an... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Nebraska on
Q: me and my girls where arguing and I tried to leave the house but she wouldn't let me and I tried forcing my way out door

door and I threw my phone and it accidentally called 911 and the cops showed up and she pushed me down but I accidentally pushed her off of me by the throat cuz she knocked me down butI got scared and ran so they had a warrant for my arrest and I was put in jail for 7 days and someone paid the bond... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

You should contact a criminal defense attorney. If there is also a custody dispute, then you may also need to file a custody action or a custody modification action. It doesn't sound like this last exchange was very positive for you or the children. Going forward, you may need to have your... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Nebraska. we have a tenant that had a guest move with out our permission. she doesn't want to leave. is she trespassing

she is not on the lease and the lease specifically states "no guest".

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

Potentially yes. This may also be a breach by the tenant that is on the lease. Sometimes it makes sense to move forward with the eviction process against the tenant (and thus anyone else on the premises there unlawfully) if the tenant has breached the lease by allowing those not on the lease to... View More

1 Answer | Asked in Car Accidents for Nebraska on
Q: Hit a car accidently. Didnt have paper went home came back no car was there.

I called the police and the non emergency number of the local pd. They said since it was on private property can’t do anything but to leave info with worker at building parking lot. I told them I don’t want a hit and run charge they said this should be fine. Am I safe from any charges?

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

You should follow up with the person that you hit, even if on private property. Assuming you have since had contact with who you hit, generally, calling in the accident and reporting yourself to law enforcement at the scene prevents the prosecutor from filing hit and run charges. If hit and run... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: If I have to push my landlord to.keep him from entering my private bedroom I least for three years paid In advance

When I pushed hin he fell down and bummed his arm and he called the police and they charged me with assault isn't this a landlord tenant civil action they cancidered him my roommate not my landlord if it mattershe.is 27.im 70

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

Your factual situation is unusual. You should speak with a criminal defense attorney. Generally you can't get physical in order to protect your space or property from a roommate without the danger of being charged with assault.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: Can a cop give a citation for expired tags twice within 2 days of each other?

Got pulled over for expired tags & got a citation two days ago.They pulled over my mom in my car 2 days later for same thing but gave her a citation even though she is not the owner of the car and I had just gotten a citation 72 hours prior. They said I had 10 days to get it taken care of. Was... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

Can they give the citation? Yes. If you get your tags updated and show such to law enforcement, can you likely get one or both charges reduced or dropped, probably.

1 Answer | Asked in Child Custody, Family Law and Criminal Law for Nebraska on
Q: visitations

My sister had her children taken from her home in February. She was granted supervised visitation, due to an ongoing criminal case. The criminal case will be closed on January 9th with a plea deal. All of the things on her case plan has been done. They are working in family therapy

James L. Arrasmith
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answered on Dec 23, 2023

In Nebraska, if your sister is under supervised visitation due to an ongoing criminal case and a child welfare case, the resolution of her criminal case with a plea deal could potentially impact her visitation rights. However, the child welfare case is generally treated separately from the criminal... View More

1 Answer | Asked in Family Law for Nebraska on
Q: I need a temporary guardianship form?

My child will be staying with her grandparents and she needs to be enrolled in school in another state. I have a parenting plan in place and need to get it modified. There school system needs a temporary guardianship signed by the court to enroll her in school.

Julie Fowler
Julie Fowler
answered on Dec 22, 2023

If this is just temporary and both parents are in agreement, then you can generally use the temporary delegation of parental powers form on the Nebraska Supreme Court's website. Both parents would normally need to complete the form. It would be up to the school whether this form would be... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My family moved out of our rental at the end of October 2023. At move-out inspection, landlord indicated damage present.

He thought 1 wall was not correctly patched and should be replaced and upstairs and basement living carpets were stained and must be replaced. He indicated we would settle it between us. Husband told him to just keep the deposit. We waited 35 days from then before following up. We have not yet... View More

Julie Fowler
Julie Fowler
answered on Dec 22, 2023

The Nebraska Legal Aid Landlord Tenant Handbook is a often a good place to start and includes some samples and forms. It is a little bit dated but most of the information is still good and it is often a good place to start for information.... View More

1 Answer | Asked in Child Support for Nebraska on
Q: I pay my child support and my children are in their 40s but my ex keeps all the money and they see none of it.

I thought the court order says child support not spousal support is this legal for her to do?

Julie Fowler
Julie Fowler
answered on Dec 22, 2023

Child support is for support of the children. However, it is owed to the custodial parent, not the children. Thus, if there is back child support, it is owed to the parent that raised the children, not the children.

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: He is not compliant with the court ordered agreement rules.he has broken/gone against almost every single oder on papers

Childsupport ordered they didnt even go based on his actual salary causs he is union.he lied on his income only claimed 2 employers.i proved it in court first appearance.what can i do?.

Julie Fowler
Julie Fowler
answered on Dec 13, 2023

If you disagree with what the Court ordered, you can challenge the order. Your options to challenge the order depend on how long ago the order was entered. If it was entered very recently, you may be able to file a motion for new trial or an appeal, among other possible motions. Some of these... View More

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