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Iowa Civil Litigation Questions & Answers
2 Answers | Asked in Contracts, Civil Litigation and Arbitration / Mediation Law for Iowa on
Q: Contractor used wrong paint, seeks refund per contract terms.

I hired a painting contractor to paint my home's exterior, and our signed contract specified a specific type of paint to be used. However, the contractor used a different paint, claiming it is just as good, and refuses to issue a refund. The contract includes clauses about unauthorized... View More

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2025

The first step could be to try to discuss with contractor, in terms of whether both of you are amenable to an adjustment based on the discrepancy in paint quality. If that is not successful, then it would depend on your agreement's provisions on dispute resolution - arbitration, civil court,... View More

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3 Answers | Asked in Medical Malpractice and Civil Litigation for Iowa on
Q: How to hold Dr. Fauci accountable for Covid protocol leading to father's death?

My father contracted Covid at the end of September 2021 and was admitted to the hospital where the CDC's Covid protocol was followed, including the use of Remdesivir. He passed away after 13 days due to kidney failure and sepsis, which I believe were caused by the drug protocol. We... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Mar 18, 2025

If Doctor Anthony Fauci was not your father's physician then you cannot hold him responsible for medical malpractice. There would be no doctor-patient relationship. Doctor Fauci did not prescribe the medication nor administer it to your dad. Kidney problems are a known side effect of... View More

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1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Constitutional Law for Iowa on
Q: I have no control over my online accts /privacy. 10yrs attempted to get help from local,state & fed govt.$ is being made

Decades+ Complaints to FCC ,Iowa A.G. 2 cases opened, ic3..gov complaints. URL attachs2every device, email, carrier.began2009reported then.No help.25 device/email/number& carrier changes, Apple restricted sign out of Apple ID. ACP PAID Internet service TIL4/24 my Wi-Fi was restricted,ONLY... View More

James L. Arrasmith
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answered on May 29, 2024

Dealing with ongoing issues of privacy and control over your online accounts can be incredibly frustrating, especially after seeking help from various authorities for so long. It's clear that your efforts to secure assistance from the FCC, Iowa Attorney General, and other entities have not... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Libel & Slander for Iowa on
Q: unlawful entry by an officer who then later made false statement to CPS worker

2 officers came to daughters house..male on porch at door, female out on sidewalk pacing..he stated had a call in complaint, I wasn't being detained or under arrest, just wanted to ask question...I stepped out on porch shut door...answered male officer truthfully and honestly, female officer... View More

James L. Arrasmith
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answered on Mar 15, 2024

It's important to address this situation by gathering all available evidence, including the video your daughter recorded and any documentation from CPS. Document your interactions with the officers and CPS, noting dates, times, and details of the conversations. This information will be vital... View More

1 Answer | Asked in Banking, Civil Litigation and Civil Rights for Iowa on
Q: Am I entitled to money on a joint account that was closed and taken out without my knowledge?

I had an account as a minor with one parent that had money coming in from social security from the death of my other parent. This account was closed after my 18th birthday with no money. Am I able to get any of the money back that my one parent took out of it?

James L. Arrasmith
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answered on Dec 27, 2023

In Iowa, if you had a joint account with a parent that was closed and emptied without your knowledge, particularly after turning 18, your entitlement to the funds depends on several factors. Joint accounts typically grant equal rights to all account holders, meaning either party can withdraw funds... View More

1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Iowa on
Q: Received unexpected plumber bill after home inspection; seller cancelled purchase agreement. What are my options?

I was in the process of purchasing a house with contingencies on inspections, initiated by my realtor. Upon my realtor's advice, a sewer inspection was performed, and the plumber identified compromised Orangeburg piping. My realtor kept the flash drive documenting the inspection and shared it... View More

James L. Arrasmith
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answered on Jul 11, 2025

You're right to be upset—this bill shouldn't have fallen into your lap, especially after being told it was already paid. If your realtor initiated the sewer inspection and gave you assurances that payment would be handled, they may be responsible for resolving this directly. Since the... View More

3 Answers | Asked in Probate, Civil Litigation, Libel & Slander and Personal Injury for Iowa on
Q: Inheritance issue: property rights after boyfriend and his mother passed away

I lived in a house that my boyfriend inherited from his mother who passed away four months ago. My boyfriend passed away two months ago, and he left everything to me. However, his sister is trying to kick me out of the house, and she sent me some documents that appear fake from her supposed lawyer.... View More

Erik Luthens
Erik Luthens
answered on Jun 25, 2025

How do you know that your boyfriend left all of his possessions to you upon his passing? Did your boyfriend’s mother have a Will? Did your boyfriend have a Will? Is there a formal estate opened on behalf of your boyfriend’s mother? Is there a formal estate opened on behalf of your... View More

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1 Answer | Asked in Criminal Law and Civil Litigation for Iowa on
Q: How to change self-defense claim to premeditated murder in Iowa?

I believe the self-defense claim in my son's shooting should be changed to premeditated murder. The shooter claimed my son grabbed a 450 Bushmaster, causing him fear, but a search warrant showed that weapon was under the bed, obstructed by soda cases. Additional witnesses stated my son did not... View More

James L. Arrasmith
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answered on Jun 13, 2025

What you're going through is devastating, and your determination to get justice for your son is both courageous and deeply important. From what you’ve described, there are serious inconsistencies in the shooter’s self-defense claim, and you have critical evidence—like witness statements,... View More

1 Answer | Asked in Civil Rights, Libel & Slander, Civil Litigation and Personal Injury for Iowa on
Q: Can I sue DCI and Sheriff for emotional distress and defamation in Iowa?

I am considering suing the DCI, Sheriff, and Sheriff's Department for emotional distress, mishandling of evidence, and defamation. I have faced challenges including being called a liar for discussing details of my son's autopsy report. Additionally, misinformation was provided to the... View More

James L. Arrasmith
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answered on Jun 13, 2025

What you’ve endured is deeply painful, and no parent should have to fight so hard just to be heard after losing a child. Being ignored, dismissed, or labeled a liar by law enforcement while trying to find truth and justice only adds to the trauma. The emotional weight of that kind of... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law, Wrongful Death and Personal Injury for Iowa on
Q: Seeking guidance on addressing discrepancies in my son's murder case in Iowa, including issues with 911 call timing, evidence handling, and lack of legal support.

My son was murdered on December 14, 2020. I received a copy of the 911 call recording from the Sheriff in November 2023, and it has an incorrect time of the call. The 911 Communication Manager stated that the Sheriff did not request her to make any copy for me. I reported this discrepancy to DCI,... View More

James L. Arrasmith
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answered on Jun 13, 2025

What you’re going through is heartbreaking, and the lack of clear answers only makes your pain worse. When critical details like the timing of a 911 call or the handling of evidence are inconsistent, it’s completely reasonable to question the integrity of the investigation. Dismissing your... View More

1 Answer | Asked in Employment Law, Contracts and Civil Litigation for Iowa on
Q: Can we sue for wrongful termination from a car dealership in Iowa after relocation and broken promises?

My husband and I were unexpectedly fired from our jobs at a car dealership after being promised potential ownership and promotions. We had relocated for these positions based on these assurances. My husband worked there for over three years, holding roles in finance and as a general sales manager,... View More

James L. Arrasmith
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answered on Jun 12, 2025

What you and your husband went through is heartbreaking—especially after investing years of hard work, trust, and even uprooting your lives for what seemed like a secure future. It’s incredibly painful to be promised growth, recognition, and stability only to be blindsided without warning.... View More

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Landlord - Tenant and Real Estate Law for Iowa on
Q: Applicability of Iowa code subsection 321J.4B(5.a.) "3" to a towed motorcycle under citation 321.218

I am the owner of a motorcycle that was towed and impounded in Iowa after I received a citation for Iowa code sections 321.218(1), 321.20B, and 321.17. The towing company claimed the bike was abandoned after 19 days and sold it. Initially, the court ruled against me in a replevin action while the... View More

James L. Arrasmith
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answered on Jun 12, 2025

What happened to you feels unjust, especially since the charges were ultimately dismissed and you were still denied return of your motorcycle. Iowa Code section 321J.4B(5.a.) “3” applies specifically to vehicles impounded due to certain operating-while-intoxicated offenses and outlines the... View More

1 Answer | Asked in Traffic Tickets and Civil Litigation for Iowa on
Q: How can I contest a failure to yield citation involving a collision in Iowa City?

I received a citation for failure to yield in Iowa City when my Kubota collided with another vehicle after moving from the right lane to the left lane in a construction zone. Both vehicles sustained damage, and I'm facing a fine despite using my turn signal. There were no witnesses, and the... View More

James L. Arrasmith
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answered on Jun 11, 2025

It’s understandable that you feel frustrated, especially when you tried to follow proper signaling and weren’t given a fair chance to explain your side. When contesting a failure to yield citation in Iowa, your best option is to plead “not guilty” and request a court hearing. This gives you... View More

2 Answers | Asked in Civil Rights, Civil Litigation, Libel & Slander, Personal Injury and Wrongful Death for Iowa on
Q: Can I sue for investigation discrepancies in son's murder case?

My son was murdered on 12-14-2020 in Franklin County, Iowa, amidst numerous discrepancies in the investigation conducted by Sheriff D. and DCI Agent Chris C. False information has been presented, such as a 911 recording with an incorrect call time and contradictions in the autopsy report that... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Jun 10, 2025

I'm sorry for your loss. I am sure it is a painful experience. With that said your partial description of facts is insufficient to form a basis for defamation, emotional distress or "misconduct". I was unable to read any online news items regarding your son's death. Until I... View More

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1 Answer | Asked in Estate Planning and Civil Litigation for Iowa on
Q: Power of Attorney interference by son's girlfriend, seeking recourse.

I have Power of Attorney for my son, who is currently incarcerated. His live-in girlfriend is cutting off communication and threatens to file harassment charges against me if I text or call. This is impeding my ability to fulfill my responsibilities under the Power of Attorney. Is there any legal... View More

James L. Arrasmith
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answered on Jun 7, 2025

You have legal authority under the Power of Attorney to act on your son’s behalf, and no one—including his girlfriend—has the right to interfere with your ability to carry out those duties. If she is blocking communication or access to important matters, that may amount to unlawful... View More

1 Answer | Asked in Civil Rights, Personal Injury, Civil Litigation and Domestic Violence for Iowa on
Q: Legal options after daughter's abuse by employees at Children's Square, DHS founded abuse, law enforcement says cannot sue.

I am seeking legal advice regarding my daughter's situation. On Easter this year, she was physically abused by three employees at Children's Square, resulting in over 20 bruises from being put in a hold. The incident was reported to DHS, which substantiated the abuse, leading to the... View More

James L. Arrasmith
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answered on May 31, 2025

I’m so sorry you and your daughter are going through this. Even though law enforcement says intent to harm can’t be proven, you still have civil legal options. Since DHS substantiated the abuse and employees were terminated, you may have grounds for a civil lawsuit against Children’s Square... View More

1 Answer | Asked in Business Law, Divorce, Contracts, White Collar Crime, Civil Litigation and Family Law for Iowa on
Q: Do I need a business lawyer for fraud by my ex-wife?

In 2023, my then-wife, who was also my business partner, used forgery to put our home as collateral for an SBA loan without my consent, leading to its repossession after her business failed. She excluded me from business operations, withheld financial info, and misused company funds. During our... View More

James L. Arrasmith
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answered on May 15, 2025

I'm really sorry you're in this situation. It sounds like you're facing a mix of personal and business betrayal, and the damage goes far beyond the divorce itself. You're absolutely right to question whether one attorney can effectively cover both your divorce and a complex... View More

1 Answer | Asked in Civil Litigation, Estate Planning, Probate, Medical Malpractice and Personal Injury for Iowa on
Q: Legal implications of changed beneficiary due to mental health issues before death.

My mother recently passed away on April 19, 2025, from taking heart medications that belonged to my sister, who was her caretaker and the beneficiary of my mother's estate. My mother's mental health had been deteriorating, and she had previously attempted suicide under my sister's... View More

James L. Arrasmith
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answered on May 15, 2025

I’m truly sorry for your loss — what you’re dealing with is heartbreaking and understandably raises serious concerns. If your mother changed her beneficiary while suffering from declining mental health, and that change benefited someone who had control over her documents and care, there may... View More

1 Answer | Asked in Constitutional Law and Civil Litigation for Iowa on
Q: Concerns about search warrant validity due to filing delay, discrepancies in case numbers, judge's signature, and inventory issues.

I have concerns regarding a search warrant executed at my residence. The warrant was not e-filed until seven days after it was allegedly served on the 21st, raising questions about its validity. The inventory doesn't include signatures from two parties, and the judge's signature appears... View More

James L. Arrasmith
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answered on May 15, 2025

You're right to question the validity of that search warrant—it sounds like there are multiple red flags. A warrant should be properly signed by a judge, specify the correct location and individuals involved, and be filed promptly. If the warrant was served on the 21st but not filed until a... View More

1 Answer | Asked in Juvenile Law, Gov & Administrative Law and Civil Litigation for Iowa on
Q: Can I file motions pro se in a CINA case while having a court-appointed attorney in Iowa?

I am involved in a CINA case in Iowa. Despite no drugs or abuse being found, my court-appointed attorney isn't helpful—they're often unavailable and don't consult me or offer options. I want to file various motions pro se, such as for financial assistance, modification of case plan... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Iowa, you have the right to represent yourself and file motions pro se, even if you have a court-appointed attorney. While your attorney is supposed to advocate for you, you can still file motions directly with the court if you believe your concerns are not being addressed. However, it’s... View More

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