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Idaho Questions & Answers
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 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 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 Criminal Law, Workers' Compensation and Civil Rights for Idaho on
Q: Service dog access denied! I was kicked out with my service dog, they didnt want to check my docs, can I file charges?

Im an employee of the Sun Valley Resort, I went to hang out with my friends at common area of the employee dorms with my service dog, when, after sitting inside for a while, the security person came and told me that the dog cannot be inside, I told him that it's a service animal and that I can... View More

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2023

An Idaho attorney could advise best, but your question remains open for three weeks. This doesn't look like a workers' comp or criminal law matter, and there wasn't a response from the Civil Rights practitioners. Questions sometimes remain unanswered, but at this point, you could try... View More

1 Answer | Asked in Collections for Idaho on
Q: Should I pay interest when trying to pay a debt collection in full on overdrawn bank account from June 2020?

I have a collection account from an overdrafted bank account and the balance shown on my credit report is what I assumed I would pay however the collection agency says there's almost $400 in interest to pay it in full. Since it wasn't a loan with a preset interest rate should I still have... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 7, 2023

In most states, prejudgment interest accrues as a matter of law on an unpaid balance. Whether this is true for Idaho, I don't know. You'd have to check Idaho law.

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: My son's father enrolled my son in a school without including or telling me at all and we have joint legal..what do I do
Kevin M Rogers
Kevin M Rogers
answered on May 25, 2023

This is a "coparenting" issue. You can communicate with the other parent via "myfamilywizard" and ask why he is not advising you, as a good coparent is supposed to do. I would suggest this app be downloaded on both phones, so that you may communicate with the father.

1 Answer | Asked in Criminal Law for Idaho on
Q: If being released on parole are you required to maintain a full-time job if you are eligible for retirement?

My father is being released on parole and is at the age of 67. I would like him to retire and not be forced to work the remainder of his parole.

Kevin M Rogers
Kevin M Rogers
answered on May 25, 2023

You should contact your father's probation officer and ask about that. Your father can also talk to his probation officer. If you can't get anywhere with the Probation Officer, then you can file a Motion in the District Cout and bring this to the attention of the Judge.

1 Answer | Asked in Family Law and Adoption for Idaho on
Q: In Idaho, do you need a "Family Law Case Information Sheet" if you're adopting an adult?

The county clerk wanted me to fill out the portion where it asked for information about the minor child. I kept telling her that the adoptee is an adult and told her that the adoptee's information is on the other documents. She then crossed out the word child and then said I must fill in the... View More

Kevin M Rogers
Kevin M Rogers
answered on May 25, 2023

The Idaho Rules of Family Law Procedure have a requirement that each litigant fill out a Family Law Case Information Sheet. If you don't want to adhere to the Family Law Procedure, the Clerk will reject your filings. Pretty simple.

1 Answer | Asked in Child Custody, Child Support and Family Law for Idaho on
Q: Is there a way you can add a child to an existing custody agreement?

The first and newest child have the same father.

Kevin M Rogers
Kevin M Rogers
answered on May 25, 2023

Yes, the Idaho Rules of Family Law Procedure have a rule which allow the parties to add new parties. A new child, born during the litigation, should fall into this category.

1 Answer | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for Idaho on
Q: I am caring for my mother in law with dementia. If she causes injury to another can I be held liable?

I am not a legal guardian, etc. just helping out. I've disabled her van to keep her from driving, but she says she is going to ride her wheelchair to town-multiple miles on a state highway. I am worried that if someone else is injured while she does something stupid like that, can I be held liable?

Mark A. Siesel
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answered on Apr 17, 2023

Based upon the facts as you have presented them, I do not see a basis for direct liability, or for what is known as "vicarious liability", such as if you had a child, he used your car with your permission, and injured someone. Thus, I believe that there is no legal responsibility on your... View More

1 Answer | Asked in Family Law for Idaho on
Q: Im 18 in 4 months. But im trying to leave my home ASAP. Is it possible for me to leave?

I have plenty of people willing to take me in and pay for everything I need so i can focus on school. I feel there has to be a way for me to leave so I can do this. My parents keep acting like im lying to them and are forcing me to have a job while doing schoolwork. It is way too much for me and I... View More

Kevin M Rogers
Kevin M Rogers
answered on Apr 1, 2023

In 4 months, you can leave and go where ever you want to go! However, under Idaho law until you’re 18 years old, you’re (lucky) still considered a “child,” and worthy of protection! Just try to be patient for four more months!

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: If I have legal guardianship over my 16 yr granddaughter am I able to let her live with her 30 yo sister out of state

Her parents both lost legal custody of her when she was 8 and I have full guardianship over her.

Kevin M Rogers
Kevin M Rogers
answered on Mar 31, 2023

Yes you can. You have every power and authority that a birth parent would have.

1 Answer | Asked in Real Estate Law for Idaho on
Q: CC&R's illegally placed?... 160 ac 1/4 section under CC&R control. At time declared, Declarant did not own entire tract

CC&R Declarant had 'Pending' sale contract but defaulted to another buyer. No reference to original owner (grantor) knowing of CC&R's placed nor 2nd Buyer (dissolved 'Pending' sale agreement). If Title not 'conveyed' and no 'power of attorney'... can these CC&R's be legal?

Kevin M Rogers
Kevin M Rogers
answered on Mar 30, 2023

Yes. The CC&R's are not dependent upon any, individual sales of the subdivision which is subject to the CC&R's.

1 Answer | Asked in Medical Malpractice for Idaho on
Q: I have a questionable medical diagnosis and the testing process may have missed a liver cancer diagnosis.

I have had multiple tests done in the last year that I feel the positive diagnosis was missed in the biopsy.

Joel Gary Selik
Joel Gary Selik
answered on Mar 23, 2023

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Gather your medical records and discuss your case with an experienced medical malpractice attorney.

1 Answer | Asked in Car Accidents for Idaho on
Q: i was driving in my car and my wheel flew off and hit another car, am i responsible to pay for damages, no police/insura

the kid didn't want to call the police and agreed to take my insurance card, the car was a 2009 Honda odyssey van with other countless dents, will I be responsible for damages, will my insurance go up if they decide to file a claim?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2023

An Idaho attorney could advise best, but your question remains open for two weeks. It could depend on whether he files a claim. Unless there are other contributing factors such as roadway defect, the operator would generally be liability for components coming off their vehicle. Good luck

1 Answer | Asked in Contracts and Health Care Law for Idaho on
Q: What can I do about my doctor sending a text to someone who is not authorized about my test results being available?
Kevin M Rogers
Kevin M Rogers
answered on Mar 15, 2023

I wish you had indicated who the doctor sent your test being available, to. Otherwise, it's not possible to determine if this was a HIPPA violation or not. If you know to whom the notice was sent, please resubmit your question and I'll be happy to answer it, or someone else will as well.

1 Answer | Asked in Divorce for Idaho on
Q: If an LLC in Washington State gets rents, would the rents become Community Property if both spouses live in Idaho?

My husband has an LLC in Washington state that collects rents on many rentals. I have worked on the rentals as help to the LLC. the LLC was created before we were married

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

Yes.

1 Answer | Asked in Criminal Law for Idaho on
Q: What does it mean if someone public online record shows “warrant returned-no service”do they still have a active one?
Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

Yes it means that they couldn't find the individual, but nothing but a line that says, "warrant recalled" will mean that there is no longer a warrant. Good luck to you!

1 Answer | Asked in Criminal Law for Idaho on
Q: If someone shot at your house and you took off after them and shot the person ? Why would you serve life for protecting
Kevin M Rogers
Kevin M Rogers
answered on Nov 24, 2022

Because of the time he had to “think about” shooting someone. It’s called “premeditation.” Chasing after the shooter in a car, isn’t “defensive,” it “offensive.”

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