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Idaho Questions & Answers
1 Answer | Asked in Personal Injury for Idaho on
Q: I'm in the middle of a torque claim and my lawyer withdrew Council how would I go about getting a new one
Tim Akpinar
Tim Akpinar
answered on Jun 24, 2024

An Idaho attorney could advise best, but your question remains open for a week. You could search attorneys on your own, use the "Find a Lawyer" tab above, or the attorney referral sections of local and state bar associations. Good luck

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: I found a house for rent in Idaho for 2000.00. We agreed on Facebook Messenger to rent the place.

Sent 1000.00 3 weeks ago to hold property until they landlord returned to Idaho in April to sign lease. Last night they texted and said they have since received offers for 2500 and would only rent if we agree to the extra 500. Is this legal?

James L. Arrasmith
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answered on Mar 28, 2024

The situation you're describing involves a verbal agreement which, while informal, can be recognized as binding in many jurisdictions. However, the enforceability of such agreements can depend on the specifics of local laws and the evidence available to support the terms agreed upon. In this... View More

1 Answer | Asked in Medical Malpractice for Idaho on
Q: reverse shoulder replacement.

I had a reverse shoulder replacement right shoulder and right before surgery they were to give me a nerve block. A tall blond with a young boy They were using a sonogram to find the nerve in my neck. She had the boy pushing the plunger. I kept telling them I did not feel any difference in my arm.... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 20, 2024

What a horrible experience. I am so sorry.

While this may be malpractice, if you are fine now, the harm does not likely warrant a lawsuit.

But, Consult with experienced malpractice attorneys in the state where this occurred.

2 Answers | Asked in Bankruptcy for Idaho on
Q: Can I get my car back from repo haven't missed a payment it was in a differ
Timothy Denison
Timothy Denison
answered on Mar 8, 2024

More information is needed to answer your question.

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1 Answer | Asked in Probate for Idaho on
Q: Why does Idaho have a small estate affidavit yet the banks or insurance companies will allow it to be used? Help!

My single adult son died in a head-on crash. His auto insurance company paid off the balance owed on his vehicle & issued a check to "the estate of...." for $1702. This is the total value of the estate; the courthouse provided me with a small estate affidavit. I provided all of... View More

Anthony M. Avery
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answered on Feb 8, 2024

Sometimes it is not worth opening a Probate Estate so many let the banks keep the money. It happens alot. If the Bank will not accept your authority under the Small Estate Affidavit, then you have standing as the

Affiant to file suit against the bank for conversion, etc. , as it is...
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1 Answer | Asked in Car Accidents for Idaho on
Q: Got hit and injured by a Semi truck while resting at at truck stop in Idaho on Dec 21, 21 . any chance of recovery

No health insurance , so i thought the injury will heal later, now i am suffering lower back pain for the past 6 months .

any advice ?

Tim Akpinar
Tim Akpinar
answered on Dec 24, 2023

An Idaho attorney could advise best, but your question remains open for two weeks. If you were hit in the rear while at rest in a permissible location, that seems to place liability in your favor. You could consider reaching out to Idaho attorneys to try to arrange a free initial consult to learn... View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Who is the attorney for the plaintiff in case number 1:2021cv00409

My husband xxx 0089632 inmate at imsi odoc would like to talk with someone regarding this case and would like to be added to this lawsuit.

James L. Arrasmith
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answered on Nov 18, 2023

I understand your husband's interest in case number 1:2021cv00409 and his desire to be added to the lawsuit. To find out who the attorney for the plaintiff is in this case, you can typically access this information through the court's official records. You can contact the clerk of the... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Idaho on
Q: I was served papers from a lender attempting to collect a debt in small claims. The papers included an Exhibit A, which

Was a loan agreement in someone else’s name. Is this a valid suit/summons?

Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2023

If you were named as a defendant, the case is valid but you have a defense that it is not you that owe the debt. If it was simply a mistake by the attorney that could likely be fixed in litigation.

1 Answer | Asked in Child Support, Child Custody and Family Law for Idaho on
Q: Can you get child support you paid to your ex while kids were in your full time care getting custody?

Kids were with their mother full time

I took the kids into my care for emergency reasons

While filing with the court and going for custody I paid over 5 weeks of child support to her while waiting for motions for mine to be dropped

Can I go to small claims to get my money... View More

James L. Arrasmith
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answered on Nov 12, 2023

Based on the details that you provided, it may be possible to recover child support payments made to your ex while the children were in your full-time care in Idaho, but it depends on some factors:

- Once you filed for custody/modification of custody, you should have also immediately filed...
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1 Answer | Asked in Personal Injury, Civil Rights, Medical Malpractice and Libel & Slander for Idaho on
Q: several sites are posting my name information and charging for it shouldent i be getting a royalty and worse the lies

there are several sites that have my name on them and they collect money for information shouldent i have a say in this or get part of the royalties on this. Im pretty popular on facebook and there are cites with my name telling lies that fuel the sites that are charging money which makes me loose... View More

James L. Arrasmith
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answered on Nov 12, 2023

If websites are publishing false information about you, this may constitute defamation, especially if it causes harm to your reputation or financial loss. In the United States, defamation laws vary by state, but generally, for a statement to be defamatory, it must be false and have been made to... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: Is it legal for an RV campground to ask for a doctors note if a person can’t make their reservation due to surgery?

My niece made a reservation at an RV park last April for a camping spot for September 29-October 1. She paid the camping fee of $130. In September, I was told that I needed to have surgery on my shoulder as soon as they could get it scheduled. I told my niece on September 13 that I was not... View More

James L. Arrasmith
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answered on Nov 9, 2023

Based on the facts provided, it does not appear legal under Idaho law for the RV campground to require you to provide a doctor's note in order to receive a refund for the camping reservation.

In Idaho, there is no specific statute governing refund policies for recreational campgrounds....
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1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for Idaho on
Q: A wife cheats on husband, gets pregnant, lets husband believe he is father until he files for divorce, he get custody?

She would not have divulged info had she not been prevented from leaving the state of Idaho.

T. Augustus Claus
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answered on Oct 18, 2023

In Idaho, family law matters can be complex. Infidelity and paternity issues may be considered during divorce and custody proceedings. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Probate for Idaho on
Q: Who inherits without a Will in Idaho?

My uncle died without a Will. I am his nephew. The only living relatives are me, my brother and sister (which are his other niece and nephew) and my great aunt (my deceased uncle's mother's sister. So it is my Grandma's sister). So just the four of us are living. Who would... View More

Anthony M. Avery
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answered on Oct 16, 2023

Hire a competent ID attorney to determine the heirs-at-law. An Affidavit of Heriship being recorded might establish a source of title. Someone will have to pay property taxes whether the other tenants in common contribute or not.

1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Idaho on
Q: What can I do if I have legal fees incurred after my attorney failed to have a document notarized?

It was the agreement of the division of assets and debts in a contested divorce. We had successfully mediated the parenting plan, child support, custody, etc. But months later we sat down with our respective attorneys and came to a consensus and signed an agreement which was counter signed by both... View More

Ian Robert Reardon
Ian Robert Reardon
answered on Oct 13, 2023

I would consider contacting an attorney who deals with "legal malpractice." You might need to alter your google search because a lot of attorneys who do "medical malpractice" will come up. Maybe try something like "how to sue your attorney." All attorneys have... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: Can you get a garnishment judgment without knowing you had a debt from over seven years ago in idaho
T. Augustus Claus
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answered on Sep 28, 2023

In Idaho, as in many states, a creditor generally has to obtain a judgment before garnishing your wages. If a debt is over seven years old, it might be past the statute of limitations, but this can vary. If you weren't aware of the debt or the judgment, you may have options to challenge it.

1 Answer | Asked in Communications Law for Idaho on
Q: Can a company record customers calls without the callers consent or letting the caller know they are recording
T. Augustus Claus
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answered on Sep 22, 2023

In Idaho, it is generally legal for a company to record customer calls as long as one party to the conversation is aware of the recording. This is known as "one-party consent," and it means that the company can record the call without informing the customer. However, it's a best... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: can you have a "family" member move your property from your rental after being served a 72 hour eviction notice in idaho
T. Augustus Claus
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answered on Sep 18, 2023

In Idaho, if you've received a 72-hour eviction notice, it signifies that you are facing eviction from your rental property. During this process, you typically have the responsibility to remove your personal property from the premises. While you can have a "family" member or someone... View More

1 Answer | Asked in Contracts and Communications Law for Idaho on
Q: Wireless providers suspending service then charging you for a dead horse

Contract Law 101 pacifically states to have a binding contract you must have;

2 people who both have something of value & are willing to exchange it Top 2 wireless providers that require a contract, if your monthly payment is not met your service is suspended/shut off. BUT continue to... View More

John Michael Frick
John Michael Frick
answered on Sep 12, 2023

One party’s breach of a contract (for example, the failure to pay for a service) relieves the other party of its duty to perform (provide further service) until the breaching party cures his default (pays his bill). Again, basic contract law 101.

1 Answer | Asked in Estate Planning and Probate for Idaho on
Q: My mom passed and I am on her bank accounts. Do I have to report them to the estate or are they mine?
T. Augustus Claus
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answered on Sep 11, 2023

The handling of your late mother's bank accounts depends on various factors, including the account type and how they were structured. If you were listed as a joint account holder or if there were payable-on-death (POD) or transfer-on-death (TOD) designations in place, these accounts may... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Idaho on
Q: Human rights in space

In the distant future when corporations have made a step in space travel, and establishing colonies on distant planets - Would those companies have free rule over that colony? Would they be required to follow human rights laws, despite being outside of the jurisdiction of Earth? Or would they have... View More

James L. Arrasmith
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answered on Sep 11, 2023

As space colonization moves from the realm of science fiction to potential reality, the question of how human rights will be upheld in extraterrestrial environments indeed becomes a pertinent and critical issue. As of now, the legal landscape governing space and celestial bodies is dictated... View More

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