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Idaho Questions & Answers
1 Answer | Asked in Animal / Dog Law for Idaho on
Q: If someone tells you the puppies they are selling come from papered parents and the parents really aren’t papered is it

Illegal and can they get in trouble?

Kevin M Rogers
Kevin M Rogers answered on Aug 26, 2020

Yes they can. At a minimum your sale, if you purchased a puppy under false pretenses, will be voided and the seller will have to refund your money. At worst, the seller is possibly guilty of "fraud." Fraud is serious. It requires you to prove that the seller 1. Made a statement which... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Idaho on
Q: What is Idaho law re: policy change to already existing employee handbook?

I am a waitress in Idaho & have been employed at my current job for a year & 1/2. I change my hair color frequently & the word is that the owners mother wants to implement a new policy regarding dying your hair. Obviously, I don’t want to stop dying my hair. So, I am curious as to how... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 24, 2020

Any changes to the policy manual affect current and new employees. You're bound by it.

2 Answers | Asked in Adoption, Child Custody and Family Law for Idaho on
Q: nephew was just born taken into Idaho custody both parents are users. They now want to sign there rights to me can they?

I live in California and this is happening in Idaho. I know different states different laws. But she's been a drug user the entire pregnancy. My brother isn't no better and actually called CPS himself on her and has made reports and so have I. Well i was contacted by a case workwr... Read more »

Shawna Murray
Shawna Murray answered on Aug 22, 2020

I recommend that you post your question in the Idaho forum since that is where the child is located. I wish you and the child the best of luck!

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1 Answer | Asked in Real Estate Law for Idaho on
Q: can the real estate statue of limitations be extended
Kevin M Rogers
Kevin M Rogers answered on Aug 20, 2020

nope.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Idaho on
Q: married adult living with parents, can the father force child’s spouse to leave the property

let me rephrase and add some detail. my hubs+2sons have been living w/my in-laws since Mar. i receive mail at the address but sleep somewhere else due to PO rules. there’s a verbal agreement between hub and FIL but no lease. we help with housework and groceries. FIL has threatened to call... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 20, 2020

Yes. Father is the "homeowner" and the spouse is a "guest" and so is daughter, so be nice!

1 Answer | Asked in Criminal Law, Personal Injury and Traffic Tickets for Idaho on
Q: What is the law In Idaho regarding Vehicular assault?
Kevin M Rogers
Kevin M Rogers answered on Aug 20, 2020

Idaho doesn't have such a statute. An "assault" is the reasonable fear of a "battery." A "battery" is an "unlawful touching." If you touch another person against their will, you may be charged with "battery." If you use an automobile to... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: I signed the affidavit of paternity under the influence of pain medication after birth, can I withdrawal my signature

I was intoxicated on prescription pain medication from after birth pain ifell asleep a few times on the way to sign the acknowledgment. On top that I didn’t really understand the paper at all. Can I withdrawal my signature? My child’s father was going to break up with me and kick me out if... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 20, 2020

Did you know where you were when you signed the acknowledgment?

Did you sign with your own pen?

What medication were you taking?

What was your recommended dose?

What time are you supposed to take it?

What time did you actually take it?

Why would you...
Read more »

1 Answer | Asked in Business Law for Idaho on
Q: Can we break contract with our HOA property mgmt for (again) failing to submit our annual report with Secretary of State

The company that we as a community wanted to fire last year, got us on contract again thanks to failure to act by our Board. They have again failed to file our annual report with the Idaho Secretary of State, thus administratively dissolving our HOA.

Kevin M Rogers
Kevin M Rogers answered on Aug 20, 2020

An HOA contract is just that, a contract. The HOA is a selected (or elected) group of home owners who act on behalf of the entire plat of homes. If you have a copy of the contract please read it carefully. It will dictate how and when a home owner(s) may dissolve the board. Unless the contract... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: if a deed has three people listed on it. Two at 25% one at 50%. Can the one residing in the home take it all

Or can one make them buy out their interest?

Kevin M Rogers
Kevin M Rogers answered on Aug 13, 2020

The answer to your direct question is "NO" just because one of three owners holds a greater share of the property ownership doesn't give them the "right" to "take it all." Further, these types of disputes are fairly typical and the parties need to communicate... Read more »

1 Answer | Asked in Civil Litigation for Idaho on
Q: Does this mean no Motion for Summary Judgement will be allowed by either party?

I am the Plaintiff. My attorney cancelled mediation and told me the court required a Motion for Summary Judgement must be filed. The Defendant filed an MSJ before my attorney. At a Motion to Continue hearing the result was an Order "to Vacate and Mediate".

Two hearings set for... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 13, 2020

It is difficult to second-guess attorneys or their strategies. Since the Rules of Evidence and Procedure to not allow for "trial by ambush," all trial exhibits and evidence intended to be used by either side must be disclosed some months before trial. Having received a list of this... Read more »

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: I live in Washington state at my parents house they kick me out kept all my belongings do I have compensation
Kevin M Rogers
Kevin M Rogers answered on Aug 6, 2020

It depends. Were you renting from them? Did you pay them rent and have an actual rental contract? Probably not. Therefore, it's a "mom & dad" thing, huh?

1 Answer | Asked in Consumer Law for Idaho on
Q: MEDICAL DEBT FOR 4K IN IDAHO. 10 YRS LATER STILL RESUING ME OVER AND OVER. I DIDNT KNOW IN 16 AND WON FEES NOW AGAIN 10K

medical recovery debt hired a lawyer and keeps suing me for crazy amount in fees. 10k 10 years later

Kevin M Rogers
Kevin M Rogers answered on Aug 6, 2020

A money judgment in Idaho must be renewed every five (5) years and then can only be renewed 3 times. If the creditor continues to try and collect, see if they have renewed their money judgment. If they've renewed it correctly, then it looks like you're only a few years from outliving... Read more »

1 Answer | Asked in Bankruptcy for Idaho on
Q: Why is it legal for a trustee to drop your case ( dismissing) returning my debt, and still take your assets?

Bankruptcy chapter 7 if my lawyer never responded to the trustee seeing me for my taxes and is now taking away an assets is there a way to stop them? What are my legal right in this case? Can I try to negotiate two cars for the asset I’m loosing (trailer). Or what is the proses of rebuying the... Read more »

Timothy Denison
Timothy Denison answered on Aug 6, 2020

See answer to previous question.

1 Answer | Asked in Bankruptcy for Idaho on
Q: If a trustee files a motion to dismiss your case why is it legal for them to still take away your assets?
Timothy Denison
Timothy Denison answered on Aug 6, 2020

It is permitted under the US Code in certain circumstances as a sanction or punishment for actions such as fraud or noncompliance.

1 Answer | Asked in Criminal Law for Idaho on
Q: If someone cuts your break lines on your vehicle.What is the penalty in idaho
Kevin M Rogers
Kevin M Rogers answered on Aug 3, 2020

It's called "Malicious Injury to Property," a violation of Idaho Code Section 18-7001. If the damage is over one-thousand ($1,000) dollars, then it's a felony and punishable by a fine of up to five thousand ($5,000) dollars and/or imprisonment of not more than five (5) years, or both.

1 Answer | Asked in Child Custody and Child Support for Idaho on
Q: My parents are both emotionally immature could I get custody of my 15 yr old sister being 22 myself. I have my own place

They've been very abusive, emotionally abusive, and have neglected her to the point where she takes care of herself to the best she can. But I just want to give her more, and teach her skills my parents should've. I have a good job and she was also thinking of getting a job so we'd... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 3, 2020

You sound like an emotionally mature, young man and an adult by Idaho law. Idaho Title 15, Chapter 13 provides that you may apply to become her permanent guardian, even at your young age. If your parents object, so be it. It sounds like you have plenty of anecdotal evidence of your irresponsible... Read more »

1 Answer | Asked in Lemon Law for Idaho on
Q: Bought a used car in March, as is, from a car lot. The transmission separated. What are my options against the dealer?

The car was as is, but since March, supposedly aftwr this car was certified by ASC mechanics, the rack and pinion tore itself apart and the transmission separated. The dealer said oh well, let,me find you a mechanic. If this car was certified it should not have fallen apart this quick. So what are... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 30, 2020

"AS-IS" means exactly what it says. The only way this can be attacked if if the SALESMAN contradicted the "AS-IS" sign in the windshield and represented something akin to a "specific representation," such as mentioned "this car was certified just prior to you... Read more »

1 Answer | Asked in Contracts for Idaho on
Q: Can you review a contract for me General Liability Release of Claims
Kevin M Rogers
Kevin M Rogers answered on Jul 30, 2020

I will be happy to review it for you!

1 Answer | Asked in Animal / Dog Law for Idaho on
Q: My dog fell into a sprinkler shut off valve with no cover

This happened on july 23, 2020 on the street of 10th and miller

Kevin M Rogers
Kevin M Rogers answered on Jul 28, 2020

What is your question?

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Passenger is free to go, but then the officer comes back and requests a search of the subject. See more info for specifc

If a passenger is told he is free to go given the key to the vehicle as the driver is under arrest, after a traffic stop, then the officer comes back and asks before the subject leaves if he can search the subject. The subject gives consent to do a “terry pat” (Pat in outside of clothing for... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 28, 2020

Hello, make sure you correct me if I summarize the facts wrong. So, the passenger is told by police that he is free to leave because the driver is being detained? The passenger then doesn't leave? Why not? Did the officer run up to the window and say, "hey, I want to search you or... Read more »

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