Iowa Questions & Answers by Practice Area


Iowa Questions & Answers

Q: Do you use your gross or net wages when calculating lost wages in Iowa for car accident insurance claim

1 Answer | Asked in Car Accidents for Iowa on
Answered on May 12, 2017

Net wages for a W-2 employee.
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Q: Iowa. Ex left state with children. No court custody arrangement. I'm on the birth Certificates. What to file?..No money

1 Answer | Asked in Family Law and Child Custody for Iowa on
Answered on Apr 28, 2017

There are resources available to help you. For starters, the Iowa Judicial Branch has forms available for folks to represent themselves. Link: http://www.iowacourts.gov/For_the_Public/Representing_Yourself_in_Court/DivorceFamily_Law/Forms/index.asp Also, the Iowa State Bar Association has a number of programs and associations available. Link: http://www.iowabar.org/?LegalAssistance Also, Iowa Legal Aid has the Volunteer Lawyers Program that connects pro bono lawyers with folks needing...
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Q: the respondent did not answer divorce. what do I file next.

1 Answer | Asked in Divorce for Iowa on
Answered on Apr 28, 2017

The procedure for a 'Default' (wherein the other person doesn't file an answer within 20 days after being served the Petition and Original Notice), is found in the Civil Procedure Rules. Here is a link to those Rules: https://www.legis.iowa.gov/docs/ACO/CR/LINC/04-28-2017.chapter.1.pdf Take a look specifically at Rules 1.971 - 1.977.
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Q: If items are in my fathers name and my name, can his wife take those items in a divorce?

1 Answer | Asked in Divorce and Family Law for Iowa on
Answered on Apr 27, 2017

Your step-mother may, or may not, be able to take the items that are listed in yours and his names. It depends on when the item was purchased, and how title to that items got into your and his names. If the item was purchased before he and your stepmother were married, then it is 'pre-marital' property, and he will get to retain that item.

There are many things involved in preparing to dissolve a marriage. Your father should seek the advice of an attorney about specific items in...
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Q: Can the employers insurance company end my permanent partial/ unscheduled injury payments without any indication

1 Answer | Asked in Workers' Compensation for Iowa on
Answered on Apr 27, 2017

Did you receive the Auxier Letter advising thirty days before the termination your benefits would end? Did you return to work? Did the doctor indicate you've reached MMI? Were you released to return to work? Need more information, otherwise everyone is just guessing.
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Q: I just started the process of going to become a US citizen. They said it would take 10 months to a year.

1 Answer | Asked in Immigration Law for Iowa on
Answered on Apr 24, 2017

The general rule is that if you file for NATZ 6 months before the expiration date of your green card you do not need to renew. If you filed with less time on your card then you need to renew it.
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Q: Can a company go against doctor order for the air conditioner

1 Answer | Asked in Personal Injury and Landlord - Tenant for Iowa on
Answered on Apr 21, 2017

Depends on the law in your state regarding group homes and the agreement with whoever placed you there. I would go to the agency that placed you with them.
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Q: I am considering a commercial real estate lease in Iowa. The Landlord's attorney will not put just my business name.

1 Answer | Asked in Contracts, Business Law and Landlord - Tenant for Iowa on
Answered on Apr 20, 2017

Unless Iowa-specific state statutes or court decisions say otherwise, a landlord or other creditor is entitled to ask for a personal guarantee from a corporation's principals. You are also entitled to say no.
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Q: I have a horse that was injured at a horse show in the wash racks. There was a sizeable drain cover that moved.

1 Answer | Asked in Products Liability and Personal Injury for Iowa on
Answered on Apr 17, 2017

What they mean is did they have "notice" that the racks weren't stable or secured? This depends on how they looked.

Also depends on what your contracts were etc. Contact a member of the Ia. Assn for Justice --they give free consults.

If it's the type of thing that was obvious to the eye, then yes. Depends who was with the horse, many other factors.
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Q: My husband had previously worked under other identity, I want to petition for his papers, will this affect the process?

1 Answer | Asked in Immigration Law for Iowa on
Answered on Apr 11, 2017

Using a false identity or someone else identity is fraud. Your husband is forgiven for working without authorization when adjusting through a USC spouse. However, he is not forgiven for fraud. If the facts are discoverable than he may need a fraud waiver to adjust.
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Q: I am the POA of mother's estate, I requested to withdrawal her IRA after they verified she died in the process now they

1 Answer | Asked in Estate Planning for Iowa on
Answered on Apr 7, 2017

Your question is unclear. Did YOU as her PoA attempt to withdraw BEFORE she died? Then the process would have required only your signature. If she was ALREADY deceased when you made this attempt, then either the beneficiaries (if named) on the account will all need to contact the management company to receive their share, or an estate will need to be opened (if there were no beneficiaries named) so that the money can be distributed as a part of Probate.

A local attorney will be able to...
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Q: My car fell off tow truck because they didn't hook up correctly. The car hit me should i sue

3 Answers | Asked in Car Accidents and Personal Injury for Iowa on
Answered on Apr 7, 2017

That all depends. Were you injured? Did you receive medical care? Is your injury significant enough to actually make it worth the time and expense involved? Did it require surgery? Did you have a broken bone or just hit your funny bone? Answer those questions and I can answer yours.
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Q: Where can i find past court cases regarding "failure to maintain control" moving violaltions?

1 Answer | Asked in Traffic Tickets and Car Accidents for Iowa on
Answered on Apr 4, 2017

Suggest you go to your county courthouse's law library, ask the librarian to help you if you don't want to get with an attorney. You should look for a mechanic to verify the "mechanical failure." Look up "sudden emergency doctrine" if you are on a d.i.y. kick.
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Q: Where can I find a copy of the Iowa Prompt Payment Act?

1 Answer | Asked in Contracts for Iowa on
Answered on Mar 9, 2017

http://www.zlien.com/prompt-payment/iowa-prompt-payment-statute/
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Q: Can a vehicle be tucked if it cant be seen from a tractor trailor side view mirrors & gets hit while big rig backs up?

1 Answer | Asked in Car Accidents for Iowa on
Answered on Mar 2, 2017

If it was parked improperly yes. As the rig is in motion the rig's insurance should cover damage to the car.

If you have collision, maybe run it through that and let them go after the truck. Whether to fight the ticket or not depends on what the ticket was for. However the driver should have been aware the vehicle was there on his first pass. So even if the car wasn't parked where it should have been it doesn't mean the truck could hit it with impunity.
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Q: If I was arrested at night on a warrant that had been canceled that morning do they have the right to search my vehicle

1 Answer | Asked in Criminal Law for Iowa on
Answered on Feb 23, 2017

There is no general search incident to arrest exception to the warrant requirement in Iowa thanks to recent decisions of the Iowa Supreme Court. So, unless the police had a warrant to search your vehicle, and that warrant was valid, then it is possible it was a bad search.
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Q: Is it legal for a 15 year old boy to have sex with a 13 year old girl with her consent in Iowa?

1 Answer | Asked in Criminal Law and Juvenile Law for Iowa on
Answered on Feb 23, 2017
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Q: Can person "sell" their own property to their girlfriend/boyfriend in a domestic situation?

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Iowa on
Answered on Feb 23, 2017

It is not necessary to sell your mobile home in order to evict your mother. There is an eviction process which a lawyer can help you with. The lawyer is allowed contact with the protected party and can therefore effectuate the eviction.
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Q: Is it legal to put someone in custody and not serve them with a warrant until nine days later

3 Answers | Asked in Criminal Law for Iowa on
Answered on Feb 23, 2017

Yes. A warrant is not always necessary for an arrest. Also, in cases where a warrant is necessary, as long as the warrant has been obtained it is necessary that it be physically present. Although, 9 days is quite a while to wait to serve it.
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Q: My son is 15 and punched a kid in face for calling his friend the N word. Cop charged him with serious assault. what now

1 Answer | Asked in Criminal Law and Juvenile Law for Iowa on
Answered on Feb 21, 2017

The case will likely be referred to juvenile court services. Juvenile court services has a number of options to keep him out of court or they can refer him to court for prosecution. You need to hire a lawyer and go over all the various possibilities and prepare yourself for the Juvenile Court Services meeting.
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