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Iowa Questions & Answers
3 Answers | Asked in Immigration Law for Iowa on
Q: Can I get my husband who's a immigrant fr Honduras a Visa even if he's in the United States already he is 21 so am I.

He came to the United States illegally when he was 15. And we just got married and also have a baby together.

Stephen Arnold Black
Stephen Arnold Black answered on Feb 27, 2020

Did he enter the country legally? Are you a US citizen? Have a free consultation with an attorney anywhere in the USA to discuss these issues and others.

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1 Answer | Asked in Probate and Estate Planning for Iowa on
Q: I have no idea what needs to be done regarding following matter...

Both my parents recently passed. Only 1 had a will and it named me as executor. Understanding is low and the stress is high. I have no idea what needs to be done. I have zero money for I'm guessing what would be a probate attorney. Is that even a financial obligation to me anyway? I'm getting... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 24, 2020

Schedule a consultation with a probate attorney in the vicinity of where your parents had lived. Often initial consultations are free. You might be pleasantly surprised to learn that the attorney's fees are paid out of the estate.

1 Answer | Asked in Personal Injury, Arbitration / Mediation Law, Car Accidents and Insurance Bad Faith for Iowa on
Q: If a driver of a vehicle has a suspended license and hits someone riding a bicycle, wouldn't she be at fault automatical

Wouldn't she be at fault for driving on a suspended license

Erik Luthens
Erik Luthens answered on Feb 24, 2020

Operating a motor vehicle with having a suspended license does not create a liability per se situation.

1 Answer | Asked in Traffic Tickets for Iowa on
Q: If I was never physicality issued or notified of a traffic citation, can I be held liable for failure to pay or appear?

My son was involved in an accident the end of December 2019. He never physically received or was notified that there were any traffic citations as a result of the accident. Today, he received a failure to appear/pay notice and his driving record shows a probation violation because of this. If he... Read more »

Benjamin Kohn
Benjamin Kohn answered on Feb 18, 2020

If he was never notified of the charges against him, never signed a promise to appear, etc., then this is clearly a violation of his rights under constitutional due process. Additionally, Iowa R. Crim. P. 2.55 requires that the defendant be served with a complaint that identifies the county,... Read more »

1 Answer | Asked in Employment Law for Iowa on
Q: Can my 12 year old work at a business sorting cans & bottles at a redemption center on weekends?
Rhiannon Herbert
Rhiannon Herbert answered on Feb 12, 2020

Under the Fair Labor Standards Act, the minimum age requirement for employment in any capacity is 14 years old. Thus, if your 12-year-old is looking to earn a wage performing these duties, he or she cannot do so yet.

1 Answer | Asked in Immigration Law for Iowa on
Q: Is there such a thing as a free attorney for an immigration issue? Didnt know.if they had court appointed ones or not?
Jean Richardson
Jean Richardson answered on Feb 8, 2020

Unfortunately, the government does not provide "free attorney" for immigration cases. If you cannot afford to hire a private attorney, you have to represent yourself in immigration court. You may be able to get legal aid to represent you if you qualify.

1 Answer | Asked in Civil Litigation for Iowa on
Q: I need to file a general answer to the court for a debt collection. I can't find the form
Erik Luthens
Erik Luthens answered on Feb 4, 2020

Go to https://www.iowacourts.gov/for-the-public/court-forms/

1 Answer | Asked in Traffic Tickets for Iowa on
Q: What a criminal surcharge

For driving mistakes

Benjamin Kohn
Benjamin Kohn answered on Jan 28, 2020

Although it may seem esoteric, from a philosophical and legislative capacity role, fines serve a particular role in connection with criminal offenses: to punish for the violation so that there is a deterrence to committing the offense by that example, and to rehabilitate by using the negative... Read more »

1 Answer | Asked in Car Accidents for Iowa on
Q: Car in front slams on breaks (interstate) for no reason and gets rear ended-vehicle behind is boxed in-who is at fault?

Car in back had vehicles on either side (3 lane interstate)/could not move over and slammed on breaks, but cracked the bumper of car in front (crushed front end of car in back). Car in front had no reason to stop in regular 65mph traffic. Car in back received a ticket for failure to stop and full... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 26, 2020

The standard rule in most rear end collisions in virtually any jurisdiction is that the vehicle in the rear is at fault. Vehicle & traffic law can vary from state to state, and highway safety officers at the scene could characterize things differently, whether citing the situation as following to... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Iowa on
Q: If my apartment company is changing ownership mid-lease, is this grounds to terminate the lease by my choice?

We recently had to move cities due to a new job but are still paying on our apartment in the old location because our lease is not up yet. Our apartment company notified us that they are changing ownership and that all rent needs to be paid to the new owners starting immediately. Because our lease... Read more »

Erik Luthens
Erik Luthens answered on Jan 24, 2020

No.

1 Answer | Asked in Insurance Bad Faith for Iowa on
Q: incurance claim lawyer in des moines do I have to sign my rights away to open access to all personal info on a claim
Tim Akpinar
Tim Akpinar answered on Jan 19, 2020

Insurance claims can involve the disclosure of considerable personal information, such as dates of birth, health history, employment information, and more, depending on the nature of the claim and damages sought. An attorney does not request this information for their pleasure or curiosity; that's... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Iowa on
Q: my sister had moms will and life policies changed omitting me. Mom has dementia. Is this legal?

Mom accured dementia after my youngest brother passed. Thats when my sister had her name listed as executor and POA.

Erik Luthens
Erik Luthens answered on Jan 19, 2020

Until your mother actually dies, the terms of her will are of nobody’s business except hers. Whether the POA was properly obtained is a matter that needs to be evaluated by an Iowa attorney who practices in estate planning and/or civil litigation.

1 Answer | Asked in Personal Injury for Iowa on
Q: Is there a 2 yr statue of limitations on a personal injury claim?

My town has eflex for filing a small claim and after the 5th or 6th time of it being returned for missing information I let my frustrations break me down and put it aside to regroup, now I believe it may be too late.?

Erik Luthens
Erik Luthens answered on Jan 16, 2020

Generally speaking, a personal injury claim in Iowa must be filled within two (2) years of the date of the incident at issue. You should immediately contact an Iowa attorney who handles personal injury claims to discuss your situation.

1 Answer | Asked in Tax Law for Iowa on
Q: Y do i pay taxes I thought it was no taxation without representation
D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 9, 2020

Not a real rule. People pay taxes without being represented all the time.

1 Answer | Asked in Traffic Tickets for Iowa on
Q: I bumped the car in front of me due to anti lock breaks failing. Ticket for "following too close" Worth contesting?
Benjamin Kohn
Benjamin Kohn answered on Jan 8, 2020

Possibly. That you rear ended the car in front of you is weighty evidence that you were, in fact, following too closely, but not is not per se conclusive that you were. Iowa Code 321.307 provides:

"The driver of a motor vehicle shall not follow another vehicle more closely than is...
Read more »

2 Answers | Asked in Estate Planning and Probate for Iowa on
Q: How do I set up a small estate for my sister that passed away in Cedar Rapids, IA?

My sister left no will and left me as the benefiiciary on her life insurance. The life insurance company said I need to set up an estate, how do I do this for a small estate? My sister has no realestate, nothing else.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

Usually if you were named as a beneficiary on a life insurance policy upon providing proof of death and identification the funds will be paid directly to you. I suggest getting clarification in writing of exactly what it is they want.

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1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Iowa on
Q: Re: 3rd party financing thru a dealership. Is it legal to have someone sign an assigned contract if its already denied?

A bank denied credit before we signed. Dealer never told us but had same banks name on contracts as assignee.

Erik Luthens
Erik Luthens answered on Jan 5, 2020

This question is too fact intensive for an online forum. You need to immediately retain an Iowa attorney to obtain an informed opinion.

1 Answer | Asked in Traffic Tickets for Iowa on
Q: Am I allowed to speed up above the speed limit to overtake a vehicle?

I got pulled over for going over the speed limit while overtaking a vehicle. An officer was going 60 in front of a vehicle ahead of me. I overtook the car and after overtaking I slowed back down to the same speed the officer was going.

Benjamin Kohn
Benjamin Kohn answered on Jan 5, 2020

Speed limit violations in Iowa are, unfortunately, strict liability (e.g. you're guilty if you are operating a vehicle on a public roadway that exceeded the posted speed limit regardless of your subjective reasoning, intent, or knowledge of doing so). Inability to overtake another vehicle without... Read more »

1 Answer | Asked in Social Security for Iowa on
Q: Ssi owes me money what can i do?
Scott F Bocchio
Scott F Bocchio answered on Dec 31, 2019

Contact your local Social Security Administrative office and request an explanation.

Attorney Scott F. Bocchio

Legal Rights Advocates

P 855-254-7841

www.yourlegalrightsadvocates.com

1 Answer | Asked in Consumer Law for Iowa on
Q: Violation of 14th constitution rights
Tim Akpinar
Tim Akpinar answered on Dec 23, 2019

If you added a couple of lines about what your matter involves (without including your personal information), it could be easier for the right type of attorney here to reply. The 14th Amendment covers lots of ground, from due process to equal protection. That means it could touch the expertise of a... Read more »

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