Iowa Questions & Answers

Q: I was in a car accident at a gas station and wondered if I could ask them to give me the video to review who is at fault

2 Answers | Asked in Car Accidents for Iowa on
Answered on Jan 21, 2018

You can ask, but the gas station has no obligation to give you a copy of the video. You can only force production of the video through a subpoena. A subpoena's only available if a lawsuit's on file.
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Q: What is a soon-to-be 55 year old woman to do in the case of slander/age discrimination?

1 Answer | Asked in Libel & Slander for Iowa on
Answered on Jan 14, 2018

There's not enough information to evaluate your question. The short answer about what to do is to meet with a lawyer to discuss the situation and determine whether you have a legal claim. From the cynicism in your question, it sounds like you may already have done that and received a poor prognosis regarding your chances of success.
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Q: is it wise to attempt a slander suit on my own?

1 Answer | Asked in Libel & Slander for Iowa on
Answered on Jan 14, 2018

It's never a good idea to handle anything but a small claims case without a lawyer. Also, defamation cases are difficult to win, particularly when the statements at issue will be defended as statements of opinion. Opinions are protected under the First Amendment; they usually cannot form the basis of a defamation claim. You also have to consider who you're suing. If you do get a judgment, will this person be able to pay it?
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Q: Can you sue in small claims court for money and the termination of a contract on a car?

1 Answer | Asked in Consumer Law, Contracts, Lemon Law and Small Claims for Iowa on
Answered on Jan 11, 2018

If you have good evidence of fraud, there's no reason to limit yourself to small claims court. You should instead pursue a claim in regular district court under Iowa's private consumer fraud act, Iowa Code Chapter 714H. I have information about that law on my website. Iowa Code Chapter 714H allows you to recover your actual damages, attorney fees, and expenses, plus possibly "treble" damages, which can be an additional amount of money three times the amount of your actual damages. Iowa Code...
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Q: What if someone takes money (bank CDs) that is left to someone else in a legal will?

1 Answer | Asked in Banking, Estate Planning and Probate for Iowa on
Answered on Jan 10, 2018

I'm sorry for your loss, however it sounds like your Grandmother messed up here. If there is a beneficiary named on an asset, the will does not control it, and if your father died 1 second after your grandmother, then the bank did what it should by placing the CDs into your father's name. If your father didn't have a will distributing the property otherwise, his surviving spouse will most likely have priority in taking his property.

If there was a LOT of property it may make sense to...
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Q: First car accident ever and am being required to retest with the DOT to keep my license. Do I have any recourse?

1 Answer | Asked in Car Accidents and Traffic Tickets for Iowa on
Answered on Jan 4, 2018

It's normal if you are a member of the Congressional majority. Without seeing/reading what you have there isn't any way for a lawyer to give you an complete answer.
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Q: I worked for the state of Iowa and I'm a veteran I was terminated but I feel I was wrongly fired

1 Answer | Asked in Employment Law for Iowa on
Answered on Dec 21, 2017

You did not mention grounds if so indicated at time of your termination. However, if they were not indicated you can ask for that resulted to your termination. Based on your response you may seek legal intervention.
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Q: The lady who was at fault only carried the min insurance. Can I sue the insurance company for more?

3 Answers | Asked in Personal Injury for Iowa on
Answered on Dec 18, 2017

You'd have to make a claim through your underinsured motorist coverage. That's what the underinsured coverage is there for. The other driver's insurer isn't obligated to pay more than its coverage limits, so it appears that her insurance has been exhausted. You'll have your underinsured motorist coverage available up to your policy limits, but that'll likely be it for your monetary recovery.
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Q: Injuried my knee at work and been having pain for the past two months. Filled out work comp forms on Oct 12 and release

1 Answer | Asked in Personal Injury and Workers' Compensation for Iowa on
Answered on Dec 17, 2017

No. It is not a reasonable time to wait. Changes were made to the workers' compensation laws effective on July 1st, 2017 and it will get harder and harder for injured workers to hire lawyers. Your claim is essentially been denied so you should not have a problem finding a lawyer. You need to turn into a squeaky wheel and go back to HR and complain. And if that doesn't work call the Industrial Commissioner's office and ask them to intervene.
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Q: What are my options concerning a credit hit I took for my ex wife not paying her vehicle loan?

1 Answer | Asked in Consumer Law, Divorce and Car Accidents for Iowa on
Answered on Dec 17, 2017

You can file with the divorce court an application for her to show cause why the Court should not hold her in contempt. You can ask the Court to award you attorney fees but during the pendency of the action you will have to pay your own lawyer.
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Q: During a K1 visa review and approval process, can my beneficiary enter the country under a tourist visa in the meantime

1 Answer | Asked in Immigration Law for Iowa on
Answered on Dec 7, 2017

Your fiancé can apply for ESTA. Should your fiancé overstay and attempt to adjust in the USA he may be charged with misrepresentation.
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Q: I've been terminated from the postal service on September 19th, 2016 because of my injury on the job.

1 Answer | Asked in Workers' Compensation and Employment Law for Iowa on
Answered on Nov 21, 2017

I see no Iowa lawyer has answered your question. That's not surprising since federal law makes it very difficult for lawyers to get paid except on an hourly fee basis. Contingent fees are not allowed and all fees have to be approved, which from a time-management standpoint makes this unfeasible. We are not in business to lose money and that's too bad because it dissuades lawyers from getting involved, which is why no on has answered your question. Lawyers will not spend the time to learn what...
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Q: Can I have my nurse case manager replaced?

1 Answer | Asked in Workers' Compensation for Iowa on
Answered on Nov 21, 2017

You can ask that she be replaced, but it is not likely to be done. She works for the insurance company, not you. She is paid by the insurance company. Her job is to get the doctors to pay you as little as possible. And, while she may be at times friendly, she is not your friend. The Iowa Republican controlled legislature made some changes effective July 1, 2017 making it nearly impossible for claimant attorneys (you are a claimant, so I am talking about your attorney) to get paid to represent...
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Q: I pay child support right now, if I get a car accident settlement do I need to tell my ex wife about it?

1 Answer | Asked in Car Accidents and Child Support for Iowa on
Answered on Nov 19, 2017

Are you behind in support? Either way you have no legal obligation to 'tell her', but if she learns of it she may attach it for unpaid child support.
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Q: My 17 year old son took a truck and hit another car. Then left the scene. The other couple has liability what do we do.

1 Answer | Asked in Car Accidents, Civil Litigation and Traffic Tickets for Iowa on
Answered on Nov 19, 2017

The facts are not clearly stated, which makes answering your question difficult. I have been a lawyer for thirty-six years and a father for longer than that. Here is my advice: 1. Yes, he has to pay. 2. Make him get a job and repay anything you have to pay on his behalf. 3. Ground him and take away his license for some length of time. 4. Do not put the title to the car he drives in your name. Instead, record a lien in your favor, on the title itself. 5. Take away his keys to the car until he...
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Q: Do I owe the IRS money for my ex boyfriend claiming my kids on his taxes?

1 Answer | Asked in Tax Law for Iowa on
Answered on Nov 16, 2017

You are not responsible for his tax debt. The IRS will not send you a bill because the debt is his not yours. The amount that he is telling you he owes is not unreasonable. Unless you or your children made over $4050 than he was allowed to claim the children if he was providing more than half of their support. He may just need to prove that they lived with him and he provided more than half of their support.
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Q: In short, is a dog owner responsible for a dog who damages material property in a home (shoes, glasses, etc)?

1 Answer | Asked in Animal / Dog Law for Iowa on
Answered on Nov 15, 2017

It is the roommates responsibility to control her pets and any damage the dog does is her's to pay to repair or to replace. No if's, and's or but's about it.
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Q: If a slogan is trademarked by a maker of protein bars (their packaging), can that slogan be used for t-shirt design?

1 Answer | Asked in Trademark for Iowa on
Answered on Nov 13, 2017

Possibly so. An attorney would need to review the two trademarks to give a confident answer. The design, the description of goods and services, the t-shirt design, and how you plan to to sell the t-shirt could impact whether or not the trademark may be registered.
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Q: How do I reopen a closed case if I remember how it went down? I was 3 but it came to me randomly like a few months ago.

1 Answer | Asked in Criminal Law, Personal Injury and Appeals / Appellate Law for Iowa on
Answered on Oct 31, 2017

Talk to the police. They may have a "closed case" unit.
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Q: I am on probation am I able to bow hunt for deer?

1 Answer | Asked in Criminal Law, Estate Planning, Federal Crimes and Probate for Iowa on
Answered on Oct 27, 2017

It depends on the terms of your probation and your particular case. For example, if the crime for which you are on probation involves hunting wildlife on federal lands then probation may include the condition that prohibits hunting including by bow. However, if you are generally asking whether bow hunting is prohibited by the "standard" terms of federal probation, unless it is specifically prohibited, then it does not appear to be an issue because it is doubtful that bow hunting would be...
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