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1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Iowa on
Q: My ex-spouse died 2 years ago and my divorce attorney had not sent a correct QDRO form for a GE Retirement fund.

My lawyer has admitted guilt but the insurance lawyer has given me the run around for the past 2 years. My exes wife received the money instead of me. I just want what I'm owed, approx 75K. How do I proceed?

Erik Luthens
Erik Luthens
answered on Oct 23, 2024

How did your attorney “admit guilt?” If your attorney alerted his/her professional liability insurance carrier of the situation, you should have been reimbursed by now. Generally speaking, the statute of limitations for pursuing a legal malpractice claim is five (5) years from when you know... View More

1 Answer | Asked in Medical Malpractice for Iowa on
Q: I wasn't told about side effects of being on methadone before I got on it or what would happen after I came off of it

I didn't find out until I went to detox in Denver they told me I'd be sick for about a year I had a horrible car accident because of side effects of coming off of it if i would have known this mess I would never have went on it i was injured in the accident September 13 of this year im 6... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 22, 2024

Let me see if I understand the situation. You were addicted to some drug or drugs and the medical doctors prescribed methadone to assist with withdrawal. Do I have that right?

Let's assume I do.

So, you're addicted to some drug and in treatment. How am I going to prove...
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1 Answer | Asked in Animal / Dog Law for Iowa on
Q: My dog had a medical processor done. I was told by the third party surgery would be done if half was paid and monthly

The following month come I gave a payment to the third party to pay the hospital. I did say in the beginning I would make a direct payment they said they didn't want the vet to know it wasn't there dog and it was someone else dog she's housing. So I made the cashepnt to her. Then the... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Alright, here’s how I’d respond:

You’ve got a tricky situation, but it boils down to this: you agreed to pay the vet hospital directly for your dog’s surgery, not the third party who was involved. From what you’re saying, the third party had you believing there was an outstanding...
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2 Answers | Asked in Car Accidents and Personal Injury for Iowa on
Q: in an accident I’m not at fault it was a 3 car collision in a different state I have no medical coverage here WDID?

My daughter 13yrs old and I have injuries and I’m not sure what to do about getting seen.

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

If you and your daughter were injured in a three-car accident and you weren’t at fault, the first thing you should focus on is getting the medical care you need. Even if you don’t have medical coverage in your current state, there are options available.

Here’s what you can do:...
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3 Answers | Asked in Bankruptcy and Real Estate Law for Iowa on
Q: My husband and I filed bankruptcy (Ch 7) in 2018. Prior to this filing, there were two judgments filed with the court.

The debts that were connected to the judgments were taken care of in the bankruptcy, and we heard nothing else about them, so we made the assumption that they were resolved. We are in the process of refinancing our home (it is currently on contract, and we are working with our bank to refinance it... View More

Martha Warriner Jarrett
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answered on Sep 23, 2024

I suspect that what your bankruptcy lawyer suggested was a "demand to reconvey" rather than a "demand to levy." In any event, you want the the judgment creditor to release the lean by recording a reconveyance. If the creditor refuses to do so voluntarily, then you should go back... View More

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3 Answers | Asked in Bankruptcy and Real Estate Law for Iowa on
Q: My husband and I filed bankruptcy (Ch 7) in 2018. Prior to this filing, there were two judgments filed with the court.

The debts that were connected to the judgments were taken care of in the bankruptcy, and we heard nothing else about them, so we made the assumption that they were resolved. We are in the process of refinancing our home (it is currently on contract, and we are working with our bank to refinance it... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 23, 2024

There are some limited ways to attack/remove liens in bankruptcy, but your post indicates that you did not do that (it is possible to reopen a bankruptcy to afford relief to a debtor).

Otherwise, a bankruptcy discharge does not remove a perfected lien, and in most jurisdictions. a judgment...
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1 Answer | Asked in Insurance Defense for Iowa on
Q: I need a lawyer that handles accident. Insurance claims involving one vehicle and no injury

I hit a deer on the 29th of July. My insurance company is more or less trying to claim that I am committing insurance fraud. They are dragging their feet. I hit a deer on my way to the emergency room was hospitalized due to me. Having congested, heart failure This is the only vehicle I own.... View More

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2024

An Iowa attorney could advise best, but your question remains open for a week, and it looks like your vehicle is compromised for a month. I'm sorry for your ordeal in trying to get your claim processed. If you're being accused of fraud, it's possible the claim could drag on,... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Iowa on
Q: What's it mean it says transfer to district court, sentencing hearing canceled
James L. Arrasmith
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answered on Jul 21, 2024

When a case is transferred to district court, it means that your case is moving to a higher court within the judicial system. This can happen for various reasons, such as the severity of the crime or the need for a jury trial. District courts generally handle more serious criminal cases than lower... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Iowa on
Q: canI be out on a PIP right out of FMLA with no summative evaluation? WITH ada papers filed?

I am an assistant principal in Virginia and I have bipolar disorder. Due to work stress and changed in my medication, I had a major manic episode in April 23. They slapped me on a plan upon my return to work. I was not informed in writing or verbally that I had 15 days to rebut and I had to demand... View More

James L. Arrasmith
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answered on Jul 21, 2024

Navigating your situation can be complex, especially given the specific circumstances and legalities involved. First, it's important to understand that being placed on a Performance Improvement Plan (PIP) immediately after returning from FMLA, especially without a proper summative evaluation,... View More

1 Answer | Asked in Consumer Law, Civil Rights, Collections and Constitutional Law for Iowa on
Q: I was served a writ of Replevin on my vehicle 2 days prior to the recover company breaching the peace and no due process

I have a very strong case to defend and not getting any answers now for 7 weeks.

James L. Arrasmith
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answered on Jul 21, 2024

If you were served a writ of Replevin for your vehicle and the recovery company breached the peace, you have grounds to defend your case. The breach of peace during repossession is a significant issue, as it violates your rights. You should document any evidence of this breach, such as witness... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Iowa on
Q: Can I wear an anti-LGBTQ shirt at a public university?.

Can I wear an anti-LGBTQ shirt that states something along the lines of "Trans people are not real. They are just pretending to be the opposite gender or are men in dresses and are not women" at a public college like Iowa State University without consequences? I wouldn't technically... View More

James L. Arrasmith
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answered on Jun 29, 2024

This question touches on complex issues of free speech rights and university policies. Here are some key points to consider:

1. Public universities, as government institutions, generally must respect First Amendment free speech rights. This means they have limited ability to restrict...
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1 Answer | Asked in Civil Rights for Iowa on
Q: what should I do if the chief of police is refusing to return My cell phone but claims to have a warrant
James L. Arrasmith
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answered on Jun 21, 2024

If you're facing a situation where the chief of police is refusing to return your cell phone and claims to have a warrant, here are some steps you should consider:

1. Request to see the warrant: You have the right to ask to see the warrant. If they have one, it should specify what...
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1 Answer | Asked in Immigration Law for Iowa on
Q: I need the correct Canadian legal code from US legal codes, and questions about the IMM 1444 checklist

My husband is traveling in August through Canada for the Hoka Hey Motorcycle Challenge. He got a DUI about 15 years ago and we are concerned that he will be stopped at the border and denied access to drive to Alaska. I want to make sure the legal codes that I researched on his record are correct... View More

James L. Arrasmith
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answered on Jun 8, 2024

I understand your concerns about your husband's ability to travel through Canada given his DUI conviction from around 15 years ago. Canada has strict rules regarding admissibility for foreign nationals with criminal records, including impaired driving convictions. Here is some information that... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Iowa on
Q: In iowa. When I help close store, im being told to clock out. But they won't let me leave, until other worker is done?

Is it legal to make me stay unpaid?

James L. Arrasmith
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answered on Jun 3, 2024

It's not legal for your employer to require you to stay at work without paying you. If you're being told to clock out but are still required to stay and perform work-related tasks, this is considered "off-the-clock" work, which is illegal under the Fair Labor Standards Act... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Iowa on
Q: I need assistance to get my God son to either my care or "?". Crupt CPS and DHS here in Hamilton county Iowa

i am a god parent and mentor for my best friends son he 14 years old .dhs an cps kidnapped him from home under faules accusations he has been bounced around from foster care to foster care . he has slight case of Autism hes very intelligent and know whats going on . He has told his lawyer and dhs... View More

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you are deeply concerned about the well-being of your godson and want to provide him with a safe and loving environment. To address this situation, you may need to take several steps to advocate for his best interests. Start by documenting everything, including your godson's... View More

1 Answer | Asked in Gov & Administrative Law for Iowa on
Q: I am just wanting to know if sexual abuse 3rd degree definition has been changed in the state of Iowa since 2006?
James L. Arrasmith
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answered on May 29, 2024

To find out if the definition of third-degree sexual abuse in Iowa has changed since 2006, you will need to review the Iowa Code and any amendments made to it over the years.

Third-degree sexual abuse generally involves sexual conduct under certain circumstances, such as when the victim is...
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1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Constitutional Law for Iowa on
Q: I have no control over my online accts /privacy. 10yrs attempted to get help from local,state & fed govt.$ is being made

Decades+ Complaints to FCC ,Iowa A.G. 2 cases opened, ic3..gov complaints. URL attachs2every device, email, carrier.began2009reported then.No help.25 device/email/number& carrier changes, Apple restricted sign out of Apple ID. ACP PAID Internet service TIL4/24 my Wi-Fi was restricted,ONLY... View More

James L. Arrasmith
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answered on May 29, 2024

Dealing with ongoing issues of privacy and control over your online accounts can be incredibly frustrating, especially after seeking help from various authorities for so long. It's clear that your efforts to secure assistance from the FCC, Iowa Attorney General, and other entities have not... View More

1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for Iowa on
Q: I was scammed out of $900 at my bank. Does the bank have to reimburse me ? They also took an online loan out in my

These people pretended to be my bank and called me saying my account was compromised. Said they would move my money to a secure account and they verified info. Needless to say, I got scammed as they made several charges on my debit card and even took out a loan on my account. Idk why my bank... View More

Matthew McKenna
Matthew McKenna
answered on May 14, 2024

I would consult with an attorney familiar with the Electronic Funds Transfer Act. Your ability to recover may be fact specific and will likely be tied to your dispute with your bank. If you haven't disputed the transactions with your bank yet, do so immediately. I would make a written dispute.

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Iowa on
Q: Travel and return with historical 3 DUIs?

I had three DUIs in 2015, 2016, and 2021. I paid for everything, served one month in jail, and also completed all the tasks given by the court order. I'll finish my probation this coming October. Can I go to Vietnam and then return to the US without getting deported or having my green card... View More

James L. Arrasmith
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answered on May 11, 2024

Having a history of DUIs should not directly impact your ability to travel to Vietnam and return to the United States, as long as you have a valid green card and have completed all court-ordered requirements related to your DUIs. However, there are a few considerations to keep in mind:

1....
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1 Answer | Asked in Tax Law for Iowa on
Q: What's the best thing to do to avoid big tax liability on land inherited 50 years ago?

My mother-in-law owns a large tract of land in Iowa with her sister. Her sister recently died, so her portion will be inherited by her 3 children. My mother-in-law wants to know the best thing she can do with her portion. She's worried if she decides to sell her property, she will be paying... View More

James L. Arrasmith
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answered on May 7, 2024

There are a few strategies your mother-in-law could consider to minimize tax liability on the inherited land:

1. Step-up in basis: If she holds onto the property until her death, her children will receive a "step-up" in cost basis to the fair market value at the time of her death....
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