Iowa Questions & Answers by Practice Area


Iowa Questions & Answers

Q: When does the statute of limitations start for Identity Theft Cases where the Bank was used for the ID Theft?

1 Answer | Asked in Identity Theft for Iowa on
Answered on Sep 18, 2017

I recommend you speak with an attorney in your jurisdiction because your question is complex and depends on what claims you bring. In other words, certain federal claims have a one or two year statute of limitations, while some state law claims expire only after three, five or even longer period of years. The general rule is that a cause of action accrues and the time period to sue begins to run when you first can maintain a case, meaning you have sustained damages. The discovery rule may or...
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Q: Was just fired from a job for a having back problems. Dr requested I be put on light duty for 2 weeks. Was then fired

1 Answer | Asked in Employment Law for Iowa on
Answered on Sep 15, 2017

The answer will depend upon the specific factual circumstances of your situation. You should schedule a meeting with an employment law attorney.
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Q: What should I do about my former boss and partner ,who is my landlord, breaking in and hitting my head with his gun?

1 Answer | Asked in Landlord - Tenant, Personal Injury and Civil Rights for Iowa on
Answered on Aug 31, 2017
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Q: How do I find out if I have a qualified personal injury to tenant on property resulting in broken and no income fortenat

1 Answer | Asked in Landlord - Tenant and Personal Injury for Iowa on
Answered on Aug 31, 2017

A picture is worth a thousand words. I say that quite often but mostly in the area of premise liability cases where a defect has said to cause an injury and the injured person calls us asking if we will take their case. We need to see the condition that you believe is the defect. And then we need to understand how and if the events could have happened as you say they did. When you take photographs those images should be as close in time to the actual injury event as possible. The images should...
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Q: Can a step-parent along with a custodial parent file a personal injury claim on behalf of the minor children?

1 Answer | Asked in Personal Injury for Iowa on
Answered on Aug 31, 2017

Your question is really two-fold. 1. Does a divorced parent have standing to sue on behalf of an injured child? And, 2. what damages are they entitled to be compensated? The answer to the first is yes, we call it a Rule 8 Claim. The answer to number two is not easily answered without knowing more about the damages sustained by the child and the step-parent and parent. I am working on a similar case and am picking up a bit of hostility in your tone about the step-parent. I could be wrong in my...
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Q: Someone entered my land and fell into a whole I had dug for plantation and broke his leg and now he is suing me?

1 Answer | Asked in Real Estate Law and Personal Injury for Iowa on
Answered on Aug 31, 2017

You owed no duty to warn a trespasser but you do owe them reasonable warnings when you are aware people use a path across your land. The answer to your question lies in the details. As the saying goes, the devil lies in the details. Your question doesn't really provide much detail and so lawyers who understand this area of the law have a difficult time being able to provide a definitive answer to this question. Did you have insurance? Did the insurance company hire a lawyer for you? Have you...
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Q: Does Iowa have a code for time it takes the defendant’s insurer to issue the settlement check.

1 Answer | Asked in Civil Litigation, Insurance Defense, Collections and Personal Injury for Iowa on
Answered on Aug 31, 2017

There is no set time, although it is normally done within a week. Of course the time depends on the terms of the settlement, the signing of paperwork, modification of the terms stated in the paperwork and the type of settlement. Is it for property damage, car rental, medical expenses, an annuity or a one-time payment? Lots of unanswered questions to be answered.
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Q: Can my neighbor take my dog to the vet and give her shots when it's not her dog?

1 Answer | Asked in Animal / Dog Law for Iowa on
Answered on Aug 31, 2017

I fail to see how you are asking a serious question. First of all you admit the dog was running at-large, the dog was running without a collar and the dog had not been properly taken care of from a veterinarian standpoint. You are lucky the person who found it doesn't sue you to recover the costs of the shots. Instead of sounding indignant you should have apologized to the vet. tech. who found the dog, offered to pay for the shots and whatever it cost to board the dog, then gone to the local...
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Q: What are the charges on a felon in possession of a firearm in his dwellings in state of Iowa first time

1 Answer | Asked in Federal Crimes and Criminal Law for Iowa on
Answered on Aug 28, 2017

I'm not entirely sure what you are asking. I assume that is two counts of felon in possession of a fire arm in federal district court in Iowa? The penalties depend on prior criminal history. The federal sentencing guidelines are complicated and you will need excellent representation.
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Q: I have 3convictions for dui what happens if I get a bui?

1 Answer | Asked in DUI / DWI for Iowa on
Answered on Aug 10, 2017

Seeing no answers from Iowa attorneys, I suggest that you contact a highly qualified attorney in Iowa, to get a FREE consultation. Here is a suggestion.

Robert G. Rehkemper

Managing Partner/Attorney

Phone: (515) 226-0500

Tell him William Head from Atlanta suggested that you speak with him, about your BUI questions.
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Q: I have a land contract. The buyer is trying to force me to take full payment immediately.. Can he do that?

1 Answer | Asked in Contracts and Real Estate Law for Iowa on
Answered on Aug 8, 2017

This question can't be answered through this service. The contract would have to be reviewed. Details of the underlying situation would have to be gathered. To get competent, useful advice, you'll likely need to schedule a meeting with an attorney.
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Q: Need advice on a traffic incident that was "setup".

1 Answer | Asked in Traffic Tickets and Car Accidents for Iowa on
Answered on Aug 6, 2017

Unfortnately, the way most statutes run, you don't have insurance and someone claims you are at fault, even if you win you can be suspended. If the cops wrote it up, get a copy of the report. They are asking it sounds like for a security deposit. You want to argue, pay the deposit.

Consult a lawyer?
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Q: My mother died without a will in Iowa. My stepfather died months later. Do I have any rights to her half without a will?

1 Answer | Asked in Estate Planning and Probate for Iowa on
Answered on Aug 4, 2017

Contact an experienced probate attorney in Iowa (or California, perhaps). If your mom died without a will, her spouse and children should share her property. It may be hard to recover money or property that has vanished, but if your step-father died with property, you may still be able to prove what should have come to you from your mom's estate. Don't wait any longer. Time is not on your side. Justia.com can help you find a suitable attorney in the right state. Many offer free initial...
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Q: is having a prior possession charge probable cause to search with k9 on licence plate light stop in iowa

1 Answer | Asked in Criminal Law for Iowa on
Answered on Aug 2, 2017

Not necessarily and perhaps not even likely. This of course is a fact dependent question and not answerable without more information. However, if that is the only reason to stop and/or bring a K-9 to the car you may have a good motion to suppress.
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Q: Is a business in Iowa obligated to pay out accrued PTO if an employee leaves the company?

1 Answer | Asked in Employment Law for Iowa on
Answered on Jul 10, 2017

It depends on a few variables. My website includes several articles about PTO payouts upon termination. They might help you decide whether your employer's acting legally.
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Q: Bed bug infestation from rental furniture do I have a case

2 Answers | Asked in Consumer Law, Personal Injury and Products Liability for Iowa on
Answered on Jul 7, 2017

Yes, but it's on you to prove the bed bugs came with or from the furniture and not from a guest, etc.
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Q: Can I post a free Lord of the Rings themed game on the internet without infringing copyright?

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Iowa on
Answered on Jun 23, 2017

While I am a big fan of Tolkein and gaming, I don't think posting your game online is wise without talking to an attorney first. Whether you potentially infringe on any copyright or trademark interest that Middle-earth Enterprises a/k/a The Saul Zaetz Company (which seems to own the worldwide exclusive rights to many of the elements of Lord of the Rings and the Hobbit) will depend on what exactly is included in the game that was borrowed from Tolkein's universe.

If you have a great...
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Q: i have a pending asylum case in baltimore court, can i file for work authorization for my husband?

1 Answer | Asked in Immigration Law for Iowa on
Answered on Jun 20, 2017

No. It sounds like you are in removal proceedings and have no status.
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Q: Q: Both my aunt and only cousin passed away, cousin in 2005, aunt in 2006. I am the only living relative and in wills.

1 Answer | Asked in Estate Planning, Family Law and Legal Malpractice for Iowa on
Answered on Jun 19, 2017

If there were a TRUST at the time of passing, the successor Trustee should have managed this -- it would NOT have gone through or been the responsibility of the Estate representatives.

This highlights the importance of people keeping their records in order to insure their heirs will know what to be looking for and what to expect! If the accounts were 'drained' by administrative expenses, the Trustee MAY be responsible for that oversight, but you would have to show they SHOULD HAVE...
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Q: My vehicle was rear ended and I have received two tears in my rotator cuff area that will require surgery. should i get

3 Answers | Asked in Personal Injury for Iowa on
Answered on Jun 15, 2017

You absolutely need an attorney for injuries that significant. Otherwise the insurance company will just bat you around and try to walk you into an unfair settlement. I wrote about the risks of handling your own injury claim here: https://erbelaw.wordpress.com/2010/07/28/dealing-with-the-other-driver%E2%80%99s-insurance-company-in-car-crash-cases/
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