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Idaho Questions & Answers
1 Answer | Asked in Gov & Administrative Law for Idaho on
Q: If I was sold a car my a family member but they didn’t give me a title of BOS and are non compliant what can I do?

I meant to put *OR bill of sale.

James L. Arrasmith
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answered on Nov 30, 2023

In Idaho, when purchasing a car, especially from a family member, it's crucial to have a title transfer or a bill of sale to establish legal ownership. If you haven’t received either, this can complicate your situation.

Firstly, try to resolve the issue amicably. Communicate with...
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3 Answers | Asked in Personal Injury and Medical Malpractice for Idaho on
Q: The doctor left a metal clip inside my mother after surgery in 2018 she can barely walk now, can she sue?

She had a hernia surgery in 2018 since then her health has progressively gotten worse to the point that 8 had to quit my job to take care of her. She has been in excruciating pain and finally they just did an xray and saw a metal foreign object blocking the hip xray likely left there from her... View More

T. Augustus Claus
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answered on Nov 29, 2023

Yes, your mother may have a case for medical malpractice against the doctor who performed her hernia surgery. Leaving a foreign object in a patient's body is a serious medical error that can cause significant pain and suffering.

To establish a medical malpractice claim, your mother...
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1 Answer | Asked in Consumer Law and Bankruptcy for Idaho on
Q: My question is regarding the credit bureaus reporting pre-bankruptcy delinquencies on my credit report.

Equifax is being especially aggressive. Despite my disputes to the agencies, uploading of documents, and complaints to the CFPB, they continue to report all discharged debt as delinquent. It's gotten weird (such as Equifax reclassifying my Chap. 7 to a Chap 12.) No Idaho lawyer wants my case... View More

James L. Arrasmith
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answered on Nov 13, 2023

If Equifax and other credit bureaus are incorrectly reporting pre-bankruptcy delinquencies on your credit report despite a Chapter 7 discharge, you might need to consider escalating the matter. Since local attorneys are not taking up your case and the costs are prohibitive, exploring the option of... View More

1 Answer | Asked in Personal Injury and Health Care Law for Idaho on
Q: Do I have any chance with a case? Feb 14th 23' I was dropped on my R artificial knee. Broke my femur & both ankles.

Feb. 2023 I came to help out my housebound mother and to celebrate my Pop's birthday. Pos was a residence at Lakeside in Polson. I got severely sick and was taken to St Luke's in Ronan. Admitted for severe dehydration and RSV. I needed to go potty and had voiced that since I had been... View More

Tim Akpinar
Tim Akpinar
answered on Nov 25, 2024

An Idaho attorney could advise best, but your question remains open for a week. I'm sorry about your ordeal. From your post, it looks like this happened in February 2023. I do not practice in Idaho but based a quick check of online information available to the general public, it looks like the... View More

1 Answer | Asked in Business Law for Idaho on
Q: I’m am leaving my job and they are asking me to pay for my training at a pro rated amount. I never signed a contract
Tim Akpinar
Tim Akpinar
answered on Nov 4, 2024

An Idaho attorney could advise best, but your question remains open for three weeks. You could repost and add "Employment Law" as a heading. Attorneys in that category would be knowledgeable in these settings. Good luck

1 Answer | Asked in Uncategorized for Idaho on
Q: If you are under the age of 18, lets say 15 then do parents have the right to destroy anything you own or was a gift?

I received a ps4 for my 13th birthday and I’m now 18. Can they still damage or destroy it without any consequences?

James L. Arrasmith
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answered on Oct 18, 2024

When you were 15, your parents had the authority to manage your belongings, including gifts like a PS4. They could make decisions about your property while you were still a minor.

Now that you are 18, you are legally an adult, and your parents no longer have the same rights over your...
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2 Answers | Asked in Bankruptcy and Divorce for Idaho on
Q: What are my options here? cosigned on ex's car. She just filed for Bankruptcy. What do I do?

I cosigned with my ex-wife on a vehicle she kept in the divorce. She never refinanced. She filed for bankruptcy last month. I can't afford to take on the loan. What do I do?

Timothy Denison
Timothy Denison
answered on Oct 15, 2024

If she was awarded the care in the divorce, she likely got the debt too. You may be able to get relief in your divorce action.

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1 Answer | Asked in Uncategorized for Idaho on
Q: When an officer gets a warrant to search a device to obtain evidence ,can he keep the property from which it was seized.

The phone was in a vehicle where the passenger was arrested. The driver/owner of the vehicle was released to leave the scene,The officer the reached into the vehicle and took possession the suspects phone in order to get a warrant the search the phone at a later date.The warrant was for the phone... View More

James L. Arrasmith
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answered on Oct 10, 2024

If your phone was seized during an arrest and the case was later dismissed without prejudice, you generally have the right to have your property returned. The warrant was specifically for searching your phone and obtaining digital evidence, not for permanently keeping your device. Once the... View More

1 Answer | Asked in Civil Litigation for Idaho on
Q: If a landlord puts in contract after mold was found are they liable for the person getting sick from mold

Was on a lease that never said anything about mold. But then we found mold and after it was taken care of 5 months after found they did a new lease stating they are not responsible for mold

Tim Akpinar
Tim Akpinar
answered on Oct 2, 2024

An Idaho attorney could advise best, but your question remains open for a month. You could try reposting and adding "Landlord-Tenant" as a category. Some questions here do go unanswered, but attorneys who handle L-T matters might have more insight into this than general civil attorneys... View More

1 Answer | Asked in Civil Litigation for Idaho on
Q: How long to file small claims in Idaho
Tim Akpinar
Tim Akpinar
answered on Sep 28, 2024

An Idaho attorney should advise here, since your question involves procedural law in a specific jurisdiction's state court system. However, your question remains open for three weeks. Until you are able to consult with a local attorney, in most places, the statute of limitations is governed by... View More

1 Answer | Asked in Intellectual Property, Land Use & Zoning and Real Estate Law for Idaho on
Q: My dad built a house on someone's else's property he passed, do I have any rights to it,
James L. Arrasmith
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answered on Sep 27, 2024

When your dad built a house on someone else’s property, it complicates matters legally. The key issue here is that the land belongs to someone else, and ownership of a house generally follows ownership of the land it’s built on. Unless there is a specific agreement or legal documentation that... View More

1 Answer | Asked in Estate Planning and Family Law for Idaho on
Q: A Trust is registered in more than one county in different years. Which one is legal?

One trust is a revocable living trust that became irrevocable in 1997 (QTIP) and 1999. The partitioned portion of the trust for minor beneficiaries was not filed until 2015 as was done so in a different county but within the same state. The 2015 filing states the Trust has not been filed before.... View More

Anthony M. Avery
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answered on Sep 25, 2024

You will need an ID attorney search the titles in both Counties, and read whatever Trust Instruments available. Who is the Trustee? No lawyer can give you competent answers without a proper investigation.

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Idaho on
Q: 2024 United States v. Duarte ruled 2 to 1 stating federal law is unconstitutional. My rights are restored can bear arms

I’m a non violent convicted felon in Idaho but the states constitution explicitly states felons are to not possess a guns is this unconstitutional?

James L. Arrasmith
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answered on Sep 19, 2024

The recent ruling in United States v. Duarte has brought attention to federal gun laws and the constitutionality of certain restrictions. Since your rights have been restored on the federal level, you might believe this ruling would apply to your situation. However, states can still have their own... View More

1 Answer | Asked in Uncategorized for Idaho on
Q: What do I need to do to get a power of attorney for financial and medical decisions for someone who has Alzheimers

The person is not capable of understanding any documents or legal details in order to sign a power of attorney and is not cognizant of real time issues. A power of attorney is needed in the state of Idaho for her 2 daughters who reside in Idaho and her husband who resides in California.

James L. Arrasmith
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answered on Sep 14, 2024

To obtain the authority to make financial and medical decisions for someone with Alzheimer's in Idaho, you'll need to pursue legal guardianship or conservatorship through the court system. Since the person is no longer capable of understanding or signing a power of attorney, a standard... View More

1 Answer | Asked in Uncategorized for Idaho on
Q: My freinds mother is in prostitution. If they go to the police would they immediately go to foster care?

She has to other siblings. She is 14. Her 1st half brother has split custody and is 11. The other one is 6 months old

James L. Arrasmith
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answered on Sep 8, 2024

If you go to the police to report your friend's mother being involved in prostitution, the first priority will be to ensure the safety and well-being of your friend and her siblings. The police may involve child protective services (CPS) to assess the situation and determine the best course of... View More

2 Answers | Asked in Legal Malpractice for Idaho on
Q: Would a lawyer take on a pro bono case to sue my disability law firm for malpractice?

I have been waiting over a year for my disability case and come to find out the disability attorney never refilled after I was denied a year ago and blamed it on SSI saying that they didn't process my application!!

So I filed again on my own and need to fire them.

Joel Gary Selik
Joel Gary Selik
answered on Sep 5, 2024

Many legal malpractice cases are taken on a contingent fee basis; it is not pro bono/free, but it is on a basis of where payment comes out of the recovery.

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1 Answer | Asked in Civil Rights for Idaho on
Q: It's about rights restored federally

Hi I'm a prohibited person because of I had a payee on ssi I never seen a judge, I never was committed, and i have no arrest record and never was suspected of a crime I'm 42 now and last 9yrs I don't have a payee is there a way I can get my rights back on federal level I live in... View More

James L. Arrasmith
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answered on Jul 28, 2024

Regaining your rights at the federal level after having a payee on SSI can be a complex process, but it is possible. Since you have not had a payee for the last nine years and have no criminal record or history of being committed, you might be able to have your rights restored.

First,...
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1 Answer | Asked in Criminal Law, Real Estate Law and Civil Rights for Idaho on
Q: So I'm on a piece of property there has been ppl here for 5 years and a few weeks ago there was a county man asking ques

he was asked to leave and he kept asking who was there if they were in campers and he was not answered then a week later the house that my friends had a lease on all sudden there was ppl saying it was condemned and then boreded it up the person with the lease presented the lease they gave her 2... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like you're in a difficult situation. The authorities' actions can feel abrupt and confusing, especially when there seems to be a verbal agreement and a lease in play. From your description, it appears the property may have been condemned due to safety concerns, which can lead... View More

2 Answers | Asked in Constitutional Law and Civil Litigation for Idaho on
Q: How do I get an oath to office from judge, court clerk? I am faced with all clerks telling me they don't know what I am
Tim Akpinar
Tim Akpinar
answered on Jul 17, 2024

An Idaho attorney could advise best, but your question remains open for a week. It looks like part of your question may have been cut off. You could add the category of "Government/Administrative Law," but this looks like a matter where someone experienced in the operations of your... View More

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1 Answer | Asked in Real Estate Law for Idaho on
Q: what type of lawyer handles land deeds?

I need to clear a land deed, evidently the only way to do that is to allow it to go up for auction for back taxes and then bid on it myself. I want to find out if this is true, etc.

Anthony M. Avery
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answered on Jul 5, 2024

Hire an ID attorney to search the title and advise how to clear title. If it goes to a tax sale you will need him to get you a deed or make a redemption. Sometimes tax sales do not help you either.

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