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Nebraska Civil Litigation Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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 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... Read more »

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... Read 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... Read 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...
Read more »

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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... Read 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...
Read more »

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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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.

1 Answer | Asked in Civil Litigation for Nebraska on
Q: What is the mean of "motion to file additional pleadings and to conduct discovery"
Ryan P. Sullivan
Ryan P. Sullivan answered on May 13, 2011

Typically, the motion means that the other party is requesting permission form the court to file some sort of additional pleading and to begin the discovery process, which includes requests for production, interrogatories, and depositions.

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