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Idaho Questions & Answers
1 Answer | Asked in Immigration Law for Idaho on
Q: What is adjustment of status?
Jordan C. Moody
Jordan C. Moody
answered on Jun 23, 2017

Adjustment of status is when a non-immigrant visa holder "adjusts status" to that of a legal permanent resident, or green card holder. An example would be a student visa holder marrying a U.S. citizen and "adjusting status" to that of a legal permanent resident green card... View More

1 Answer | Asked in Personal Injury, Criminal Law and Workers' Compensation for Idaho on
Q: My dad was involved in a work accident where his boss and him got drunk and my dad later went back to work drunk and

Tried to kill him self with a nail gun.(Because he already battled depression and the alcohol made it worse) his boss knew 100% he was drunk and so were other employees... my dad became paralyzed on his left side and is wheelchair bound.. (This occurred about 7-8 years ago) can his boss be charged... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

Probably way too late. However he can get his comp. Criminal and civil statutes of limitation.

1 Answer | Asked in Copyright and Intellectual Property for Idaho on
Q: is posting an article from another webpage with a link to that page, copyright infringement?

If yes, what kind of damages can i expect?

Will Blackton
Will Blackton
answered on Apr 26, 2017

Yes, that sounds like copyright infringement. Statutory damages for copyright infringement range from $750-$150,000 if the work was registered with the U.S. Copyright Office before infringement or within three months of the creation of the work. In order to get a better idea of what is a... View More

1 Answer | Asked in Bankruptcy for Idaho on
Q: If you file for bankruptcy is that info available to the public?
Nels Hansen
Nels Hansen
answered on Apr 24, 2017

Yes. It is public record that you have filed. Anyone with a pacer account or who wants to go to the courthouse can view not only the fact that you filed but your schedules as well. Bankruptcy filings are not typically reported in your local paper (you can check and see) unless you are famous or... View More

2 Answers | Asked in Immigration Law for Idaho on
Q: Is the local police force in my town required to work with ICE?
Jordan C. Moody
Jordan C. Moody
answered on Apr 20, 2017

Local law enforcement can choose to work with ICE, but they can also choose not to. States and municipalities do not have any obligation to enforce federal laws, including immigration enforcement. It will depend on your local law enforcement's policy.

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2 Answers | Asked in Personal Injury for Idaho on
Q: If you win an injury case do you get all the money at once?
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 14, 2017

Typically that is how the court orders payment from the defendant to the plaintiff. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More

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1 Answer | Asked in Business Formation and Business Law for Idaho on
Q: If I am 50% owner in a LLC and my partner dies, can the widow of the company get anything from me if I give her the LLC?

Basically, if I wish to just walk away from the company if my partner dies, can the widow come after me for any $$$ outside of the LLC if I am willing to let her have the whole company? Thanks!

Glenn B. Manishin
Glenn B. Manishin
answered on Mar 27, 2017

That depends entirely on the terms of your LLC "operating agreement," but those corporate formation documents (and LLC laws generally) typically shield members and owners of an LLC from all personal liability.

1 Answer | Asked in Personal Injury for Idaho on
Q: My husband broke several bones when a store door unexpectedly closed on his hand.

Is that grounds for a claim against the store?

Peter N. Munsing
Peter N. Munsing
answered on Mar 11, 2017

Possibly if it had a defective closing damper or maladjusted one. Contact a member of the Idaho Trial Lawyers Assn--they give fee consults.

1 Answer | Asked in Consumer Law for Idaho on
Q: Can we sue "AcceptanceNow" in small claims?

My fiancé and I recently purchased a table from Ashley's Furniture under the impression we were "buying" it and making payments to pay it off. Well after 90 days we found out we were going to be charged $1500 for the initial $500 table. We told them that we were NEVER informed that... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Mar 1, 2017

You can file a small claims action in Idaho for up to $5,000 without an attorney. Based on the facts you allege, your claims would be for breach of contract and misrepresentation/fraud. It would be important to allege that the 90-day price point increase was not set forth in the rental contract and... View More

1 Answer | Asked in Immigration Law for Idaho on
Q: My British Company has been hired to host an event in the US. Will we need work visas?

We host large wedding / festival like events with accommodations, restaurants, etc for high end guests. We have been hired to host one of these events in the US. We will be paid in advance and will hire many US contractors to do much of the work, but we'll need a core team of us from England... View More

Jordan C. Moody
Jordan C. Moody
answered on Feb 20, 2017

When will this take place, and who is the U.S. company contracting you? How big is the core team? Two weeks is a very short time, so you might just look at a way to use the ESTA program. For something bullet-proof, you might want to do P visas if we can classify your core group as an... View More

1 Answer | Asked in Tax Law for Idaho on
Q: Moving expenses to report

I recently moved about 2000 miles for job. The new employer reimbursed me about $1900 for the total moving expenses. However, only $950 was shown as moving expenses reimbursed on my paycheck and W2. Now, on that particular pay period they taxed much more because $950 was added to my income. So, now... View More

Matthew M Montoya
Matthew M Montoya
answered on Feb 15, 2017

This question gets a little tricky and depends on an employer's policies. To figure out whether reimbursed moving expenses were taxable in the first place, you're going to need to refer to IRS publication 521. If an employer repaid an employee according to what's called an... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Can I evict my tenant in winter for non payment of rent?

Tenant has three children. We don't have signed rental agreement was all verbal did agree to split rent half on first and half two weeks later. She has yet to do this. She never paid in full for January 2017 and has paid nothing in February. I contacted her said I will work with her but she... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2017

Assuming you follow all of the notice to quit and related procedures, you probably can--but check with a local attorney to see if that's the law in your state and county.

1 Answer | Asked in Personal Injury for Idaho on
Q: Is there a statute of limitations that a victim can still sue their offender in civil court?

I was assaulted and the restitution that was ordered was not paid to me . I am unable to work because of what happened and I want to know if I can sue him. It's been three years .

Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2017

Tell the DA about the nonpayment of resitution. They have a strong lever. I believe you cannot sue him, as I believe the statute of limitations is two years if you were an adult when it happened. But I'd suggest you contact a member of the Idaho Trial Lawyers Assn--they give free consults.... View More

2 Answers | Asked in Immigration Law for Idaho on
Q: What does it mean if you get a notice to appear in immigration court?
Matthew J Hartnett
Matthew J Hartnett
answered on Jan 26, 2017

It means the Department of Homeland Security believes that you are in the United States without valid status and is seeking to remove you from the United States. This is called removal proceedings. You should contact an immigration attorney (preferably an AILA member) to evaluate a proper defense... View More

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1 Answer | Asked in Business Formation and Business Law for Idaho on
Q: i have a business in idaho, and selling to a company in oregon for them to retail, do i need a foriegn entity for oregon

the company in oregon is buying the clothes from us and then selling for their own profit. also for clothing lines, as a retailer do i need do i need anything else. for internet sales do i need any special licenses.

Glenn B. Manishin
Glenn B. Manishin
answered on Jan 16, 2017

Shipping merchandise to OR is not considered doing business in that state, so registering as a "foreign" corporation is not necessary.

1 Answer | Asked in Personal Injury, Real Estate Law and Small Claims for Idaho on
Q: If I can't shovel snow, can someone sue me if they fall bc of snow/ice on sidewalk in front of the house I'm renting?

I'm disabled

Peter N. Munsing
Peter N. Munsing
answered on Jan 14, 2017

Check the lease. If keeping sidewalks clear is on you then yes, they can. Maybe arrange with a local kid to do it if it is.

1 Answer | Asked in Car Accidents, Landlord - Tenant and Real Estate Law for Idaho on
Q: Who is responsible for maintaining a mobile home community driveway. Ours is dangerously icy for tenants and visitors.

We keep our parking / walking areas clear and de-iced but the main driveways into the park are an icy mess. If someone slides off, who is responsible? I'd think the park but can find no published law on the subject.

Peter N. Munsing
Peter N. Munsing
answered on Jan 12, 2017

Look at your lease--in most cases they are the duty of the mobile home park. Problem is there are virtually no rules or enforcement regulations when they don't maintain common areas.

1 Answer | Asked in Personal Injury for Idaho on
Q: Will my injury claim be denied if I already had an injury?
Peter N. Munsing
Peter N. Munsing
answered on Dec 15, 2016

Certainly not for anything that is new. Even if you had no injury they'd look for a "pre-existing" injury! Contact a member of the Idaho Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Immigration Law for Idaho on
Q: Eligibility for Green Card

My niece married a Hispanic kid about a year ago (they are 20), that was brought to the United States from Mexico illegally when he was a very young child (2 or 3 years old). When he was about 6 or 7, his family took him back to Mexico for approximately 18 months and then returned to the United... View More

Jordan C. Moody
Jordan C. Moody
answered on Nov 22, 2016

In order to be eligible for an application for a green card, he needs a legal entry. This can be done through an application for advanced parole through his status as a DACA recipient. Schedule a time to meet with an immigration attorney to go through the details. Some attorneys offer a free... View More

1 Answer | Asked in Personal Injury and Car Accidents for Idaho on
Q: Pain and Suffering settlement question. What is reasonable?

My 3 kids were in a single car roll over accident on the freeway. Grandpa was driving, pulling a camper trailer and lost control. Each child has approx. 10K in medical bills that have been paid by insurance company. Insurance is wanting to settle pain and suffering to close the claim. They... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 11, 2016

First, way too early if they have that type of injury. without seeing the medical records it's hard to tell. Members of the Idaho Trial Lawyers Assn give free consults--suggest you contact one of them that practices in the county where the wreck happened.

Second, most important is...
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