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Idaho Questions & Answers
1 Answer | Asked in Animal / Dog Law and Collections for Idaho on
Q: Can a debt collector take my dog?

I have a phone call scheduled with a lawyer over a debt collection. He said he's going to ask me what property I own. Will they consider taking my dog?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 9, 2024

Legally, yes. A dog is property. As a realistic and practical matter, no. First, a dog has to be fed and sheltered. No creditor is going to take a dog only to have to care for it. Second, the purpose of taking property is to be able to sell it to pay some or all of the judgment. Your dog isn't... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Idaho on
Q: What is the best way to hold title for a "family compound" to prevent non family members from owning in the future?

I would rather not officially split and subdivide the property. I would like to keep the whole piece in tact yet give my kids who would like to build on the property actual ownership. They also do not want to spend money to build without having ownership.

Anthony M. Avery
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answered on Sep 5, 2024

If descendants want to own land then you will have to survey it into multiple tracts. Then hire a very competent lawyer to draft future interest deeds for each tract. Ask him to explain various estates, like: life estate remainder; contingent remainder; executory interests; reverter; and... View More

1 Answer | Asked in Foreclosure, Civil Rights and Constitutional Law for Idaho on
Q: how do I file for a audit to be introduced, into my non judical foreclosure ?

I had a Forensic Audit done on my house loan and it shows fraud, gross neglect by attorney and loan officer and servicer fraud that was commited.

James L. Arrasmith
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answered on Jul 21, 2024

To introduce an audit into your non-judicial foreclosure process, start by gathering all documentation related to the forensic audit you've had done. This includes the audit report, any evidence of fraud, and communications with your attorney, loan officer, and servicer. Ensure that this... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: Trademark Infringement Plausibility? Don't want to screw the pooch.

We are interested in relaunching a brand/product that is no longer sold in the United States. This product, owned by a foreign company, was pulled from the U.S. market and has not been sold here for the past 5 years. Additionally, the trademark is set to expire soon with the USPTO (already in grace... View More

James L. Arrasmith
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answered on Jul 19, 2024

When considering relaunching a brand/product inspired by an existing one, it's crucial to ensure that you are not infringing on any existing trademarks or intellectual property rights. Even if the original product has not been sold in the U.S. for the past five years and the trademark is in... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: Trademark Infringement Plausibility? Don't want to screw the pooch.

We are interested in relaunching a brand/product that is no longer sold in the United States. This product, owned by a foreign company, was pulled from the U.S. market and has not been sold here for the past 5 years. Additionally, the trademark is set to expire soon with the USPTO (already in grace... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the information provided, here's an analysis of your plan to relaunch a brand/product inspired by a foreign company's product that is no longer sold in the U.S.:

Current Trademark Status

The original trademark is set to expire soon with the USPTO and is in its...
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2 Answers | Asked in Constitutional Law and Civil Rights for Idaho on
Q: The transitional house I live in says I'm not allowed to conduct a Bible study.

I was told by the house manager that I'm not allowed to have a Bible study in the front yard of the transitional house where I reside what are my rights as a human being because all I'm trying to do is improve my life and these people are constantly telling us what we can't do even... View More

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2024

The Constitution does grant certain fundamental rights under the First Amendment. But the transitional house also has rights to assert its policies. You could let it go for the time you are there... until you are able to relocate to housing that is more accommodating to your Bible studies, or you... View More

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2 Answers | Asked in Constitutional Law and Civil Rights for Idaho on
Q: The transitional house I live in says I'm not allowed to conduct a Bible study.

I was told by the house manager that I'm not allowed to have a Bible study in the front yard of the transitional house where I reside what are my rights as a human being because all I'm trying to do is improve my life and these people are constantly telling us what we can't do even... View More

James L. Arrasmith
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answered on Jun 26, 2024

To address your question about conducting a Bible study at your transitional house, I'll provide some general information about religious rights and potential legal considerations.

1. First Amendment rights:

The First Amendment to the U.S. Constitution protects freedom of...
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1 Answer | Asked in Copyright and Intellectual Property for Idaho on
Q: Is it legal to use screen recorded images of google street view to start an instagram page based around those images?

I want to start an instagram where I showcase outfits people are wearing around the world that I find on google street view and do voice over commentary of the images and recordings.

James L. Arrasmith
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answered on Jun 9, 2024

There are a few potential legal issues to consider with using screen recorded images from Google Street View on an Instagram page:

1. Copyright: Google owns the copyright to the Street View images. Using them without permission, even if you modify them, could potentially be considered...
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1 Answer | Asked in Civil Rights for Idaho on
Q: In the women's prison in idaho they have raw sewage leaking in their dorm what can be done about this?

Raw Sewage has been leaking in their dorm and the warden simply says there is no problem however I know of someone incarcerated there who has asked for help and she was told to shut up and not ask questions or she would be transferred to another facility. The warden will do nothing about this and... View More

James L. Arrasmith
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answered on Jun 3, 2024

To address the issue of raw sewage leaking in the women's prison dorm, you should first document everything you can. Encourage the person incarcerated to take notes, photos, or videos if possible, and gather statements from other inmates who are affected by this problem. This evidence will be... View More

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Juvenile Law for Idaho on
Q: how can i get emancipated in idaho legally without marriage at 17 after parents abuse me

I am a 16 year old in Idaho who is planning to get emancipated in the next year due to constant abuse throughout my life. I cannot get married or join the military. I am going to plan all I need and then ask for consent from my parents if they say no I'll take them to court.

James L. Arrasmith
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answered on Jun 3, 2024

To get emancipated in Idaho, you'll need to prove to the court that you can support yourself financially and that emancipation is in your best interest. First, gather evidence of the abuse and any documentation that shows you are capable of living independently. This might include a job, a... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Idaho on
Q: Experiencing extreme retaliation for exposing fraud on a Judge. I've been a prisoner in my home for over 200 days

Myself & family have been targeted by an organized crime ring by our county. The retaliation has been ongoing for over 200 days and haven't been able to leave my home. I was told "These officials have money to make people like you disappear" These officials include the sheriff, 1... View More

James L. Arrasmith
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answered on Jun 3, 2024

It's deeply troubling to hear about the harassment and threats you and your family are facing. In situations like this, gathering and organizing all your evidence, including videos, documents, and witness statements, is crucial. Make sure everything is documented clearly and stored securely.... View More

1 Answer | Asked in Civil Litigation for Idaho on
Q: Can my things be moved into a storage unit without my permission & should I be required to pay the bill now?

Storing things in my father’s shed for about a year. 2 months after he passed my brother texted & said my stuff is now in storage & he paid the first months rent the rest is up to me. My mother, still living & was married to my dad still & who lives on the property where the shed... View More

James L. Arrasmith
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answered on May 29, 2024

Moving your belongings into a storage unit without your permission is generally not legal, especially if you did not agree to pay for the storage. Since your brother moved your items and paid for the first month without your consent, you should not be automatically responsible for the subsequent... View More

1 Answer | Asked in Federal Crimes, Civil Rights and Criminal Law for Idaho on
Q: Is there any case law or a 42USC1983 for locking up an inmate in a cell full of ants for a month or with human waste?

Was locked in the hole with ants for a month then moved to a cell with human phecies. They (IDOC Idaho) have refused to give me medical records in violation of Individuals’ Right under HIPAA to Access their Health Information 45 CFR § 164.524.

I have evidence in the form of grievances.... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the details you provided, it sounds like you may have a viable case under 42 U.S.C. § 1983 for violation of your Eighth Amendment rights against cruel and unusual punishment. Being forced to live in unsanitary conditions infested with insects or human waste for extended periods could very... View More

1 Answer | Asked in Family Law for Idaho on
Q: How do I file a complaint against a judge in Canyon County? Is my time to do so limited?

I had a hearing in Canyon County. I had emergency guardianship of my granddaughter. Mother protested. I brought witnesses and my son, child's father who asked me to get guardianship. I brought him because I could not attest to certain circumstances since I wasn't there and he could.... View More

James L. Arrasmith
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answered on Apr 8, 2024

I understand your frustration with the court proceedings and your desire to file a complaint against the judge. Here are the steps you can take to file a complaint and some important information:

1. File a complaint with the Idaho Judicial Council: The Idaho Judicial Council is responsible...
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1 Answer | Asked in Civil Rights for Idaho on
Q: Do I have a right to privacy in a transitional house?

I was awakened by the house manager using his cellphone light searching my chest of drawers around 12 am and I woke up because he scared me out of my sleep and he did this with out my knowledge or consent for no reason is this legal?

James L. Arrasmith
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answered on Apr 1, 2024

The situation you describe raises serious concerns about your right to privacy. Even in a transitional housing setting, you have a reasonable expectation of privacy, especially when it comes to your personal belongings and living space.

The legality of the house manager's actions...
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1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Can property management verbally modify a 3 day notice?

Property management is trying to evict me under Idaho code section 6-301. However, when I spoke with them on 3/13 and was asked by Napua when was I planning to pay rent, I told her it would be on 3/14 after I got paid. I was under the impression that she was ok with that since all she said was ok... View More

James L. Arrasmith
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answered on Mar 30, 2024

In the context of eviction notices under Idaho Code Section 6-301, verbal modifications to a 3-day notice can present a complex situation. Generally, eviction processes and notices are governed by specific statutes that require certain forms of communication, often in writing, to ensure clarity and... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Idaho on
Q: I was stopped for going 41 mph in a 35 mph zone and I got surprise K9 searched. I also never went faster than 39 mph.

The cop asked for my license and registration after telling me he stopped me for speeding and that I was driving 41 mph in a 35 mph zone. I knew he was bullshitting and never even hit me with a speed gun because I have a radar. He also asked if he could search my vehicle and asked me a million... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on your description, there are several potential issues with the traffic stop and search:

1. Pretext for the stop: If you were not actually speeding (as your radar indicated), the officer may have used the alleged speeding violation as a pretext to stop you and investigate for drugs....
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1 Answer | Asked in Personal Injury for Idaho on
Q: NYC lawyer asst. told long details and sent to lawyer. Then NYC firm said they were sending referral and details to ID

I have not talked to Idaho lawyer, Tpday I received a text telling me to open a hona account. I did and the next screen said next step was to sign document, So is NYC lawyer taking the case rogether with Idaho one? I have not spoken with ID lawyer. Only 2 days since initial call to NYC contact. I... View More

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

It isn't fully clear what took place - whether the New York firm is referring the case, or whether both are working in a local counsel arrangement (you ask if both firms are taking the case). It looks more like a referral, but that's only a guess - clarification is needed. These questions... View More

1 Answer | Asked in Banking, Collections and Consumer Law for Idaho on
Q: My car was repo. Because the auto company said I missed a differ payment but my payment wasn't due until March 9 2024

I traded my van in for down payment if I still owed at the time why would they let me take the car and in 1 week they repo it they never sent me notice or anything

James L. Arrasmith
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answered on Mar 20, 2024

If your car was repossessed and you believe it was done unfairly or prematurely, it's crucial to review your loan or lease agreement closely. These documents should detail the terms of your payments and the conditions under which repossession can occur. If your payment was not due until March... View More

1 Answer | Asked in Bankruptcy for Idaho on
Q: In bankruptcy a married couple only one in bankruptcy and the home is being sold can bankruptcy take the proceeds ?

The house is not in the bankruptcy. The one is not in bankruptcy pays for the house . The one is in bankruptcy is only on the title . But pays her monthly payments can they stop the sell of property ? Or take the proceeds ?

James L. Arrasmith
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answered on Mar 16, 2024

In bankruptcy cases where only one spouse has filed for bankruptcy, the impact on jointly owned assets, such as a home, can vary depending on several factors, including state law and the specifics of the bankruptcy filing. If the house is not included in the bankruptcy estate because it is... View More

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