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Iowa Civil Litigation Questions & Answers

1 Answer | Asked in Civil Litigation for Iowa on

Q: I am the victim of a crime in which the perpetrator has filed for PCR. Is that filed document public information?

I need to know if I am able to go to the Clerk of Court and print a copy of a civil post conviction relief form filed by the perpetrator of a crime against me.

Erik Luthens answered on Aug 13, 2019

Go online to: https://www.iowacourts.state.ia.us/ESAWebApp/ESALogin.jsp and look up the case.

1 Answer | Asked in Civil Litigation for Iowa on

Q: What forms do I need to initiate a procedural due process case

The City wants to demolish my house and denied me a hearing

Erik Luthens answered on Aug 13, 2019

It is more than just filling out a form. I recommend that you immediately hire an Iowa attorney who specializes in real estate / zoning law.

1 Answer | Asked in Civil Litigation and Contracts for Iowa on

Q: I live in Iowa and i am on a month to month lease. I have been here over 2 years now and always paid my rent in full

From my pocket. It's been late a hand full of times but I've always paid late fee. Recently myself and significant other ran into some hard times. We are both jobless, he is receiving his last check from unemployment, and we are unable to pay the rent this month. We went to general assistance and... Read more »

Bruce Alexander Minnick answered on Jul 25, 2019

Find a way to pay the $300 immediately. By allowing you to pay partial payments your landlord will have a difficult time explaining why he stopped doing it--right after agreeing to do the general assistance thing. It sounds like the landlord (or perhaps the owner?) does not want the hassle of... Read more »

1 Answer | Asked in Personal Injury, Products Liability and Civil Litigation for Iowa on

Q: My fathers civil case trial in Iowa settled in Iowa, now can attorney get the percentage from texas no cap or iowas

In texas they have no amount or percentage capped they can get more than 33% by using texas law in Iowa we get 33% of settlement. texas also charges for court cost experts who testified traveling cost there own plain flew hear. We won was allowed to be reversed we appealed it was sent back to... Read more »

Erik Luthens answered on Jul 16, 2019

It is unclear as to what you are asking. You need to schedule an appointment (do not randomly call on the telephone) with your attorney and have him or her fully explain what is happening in your case.

3 Answers | Asked in Business Law, Civil Litigation, Intellectual Property and Trademark for Iowa on

Q: Who owner the ampersand mark? Please refer to all information in registered trademark 86905207, from the USPTO website.

I asked for the ownership of this mark from its creation. Please validate.

Ahaji Kirk Amos answered on Mar 21, 2019

I don't understand the question.

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2 Answers | Asked in Civil Litigation for Iowa on

Q: Do we have a right to travel on road ways . Hasn't the supreme Court ruled on this is a number of cases??

Since my travel are not commercial related and it's for me to pursue life liberty and right to happiness I don't need a Iowa DOT license ?

Erik Luthens answered on Jan 29, 2019

Yes.

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1 Answer | Asked in Civil Litigation and Contracts for Iowa on

Q: I can prove perjury effected outcome of small claims in Iowa. Can I sue them again in small claims?

Erik Luthens answered on Dec 9, 2018

If the appeal time has not yet run, you should raise that issue on appeal. If the appeal time has passed, you can try to file another action based on the fraud perjury) the other party committed.

1 Answer | Asked in Civil Litigation for Iowa on

Q: Is there anything I can do about three Iowa city bar serving my 20-year-old son alcohol leaving ham rushed to the ER

The third bar my son was not able to even walk and I himself spilling several drinks on himself and the table when leaving the facility my son fell as a result of being rushed to the ER for two skull fractures and multiple brain bleeds he is not a legal age Let alone his intoxication level he... Read more »

Erik Luthens answered on Sep 5, 2018

Unfortunately, the bars would likely sssert a complicity defense in the event that your son sued them on a dramshop theory for his injuries and would likely be successful.

1 Answer | Asked in Civil Litigation for Iowa on

Q: Do I need to hire a private lawyer to file a civil suit

Erik Luthens answered on Aug 30, 2018

Just as you don’t need to hire a contractor to build your house, you don’t need to hire an attorney to file a lawsuit . However, when your house crumbles or your lawsuit gets dismissed due operator errors, you have no one but yourself to blame. You retain professionals for a reason.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Iowa on

Q: Is there any thing I can do about a man making a sexual video tape of me while I was past out due to intoxication?

This man came to me a year ago wanting dna testing done on my 15 year old son. I was not aware I even had intercoarse with this man until people started telling me they seen a video of me past out. I rented an upstairs room in this man's house, about 17 years ago. I never dated him. I moved out of... Read more »

Erik Luthens answered on Jul 22, 2018

You may have the grounds to go forward with a criminal complaint through the local county attorney’s office as well as a civil action against the man in question. I suggest that you immediately contact an attorney in Iowa who handles civil litigation.

Erik Luthens...
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1 Answer | Asked in Civil Litigation and Personal Injury for Iowa on

Q: I was a victim in a bank robbery and was assulted, later diagnosis with ptsd and had to leave my job can i sue the banks

The bank was robbed 2 times prior in less than 24 months, fbi was warning all banks a gang was robbing banks

Erik Luthens answered on Jun 27, 2018

If the bank failed to take reasonable precautions to make its premises relatively safe, then you might have a claim worth pursuing. A significant issue is whether the robbery in question was reasonably foreseeable by the bank.

1 Answer | Asked in Civil Litigation and Contracts for Iowa on

Q: I hired a business to do all my hard work. He showed one day for maybe 45 min. Said he would be back later to finish fro

I had to text him he said he never guaranteed hed be back. He said he would be back two days later. He did not. Once again I had to contact him. He said he would be there the next day early and his crew would also be there. Once again nothing from him.i text him he said he would come 2 days from... Read more »

Erik Steven Fisk answered on May 8, 2018

Legit case? Maybe, for whatever amount of the $200 he didn't earn. I don't see why he would have to pay you for new lawn service, though.

1 Answer | Asked in Bankruptcy, Consumer Law, Civil Litigation and Collections for Iowa on

Q: What is my legal recourse in being garnished for my ex-husband’s medical bill?

Timothy Denison answered on Apr 16, 2018

If you signed or co-signed as guarantor debt or have some legal obligation to pay them, there is no recourse. However, if you have been garnished for his bills and arenot liable for them, you can bring a wrongful garnishment suit against those creditors.

1 Answer | Asked in Consumer Law, Contracts, Small Claims and Civil Litigation for Iowa on

Q: Can you sue in small claims court for money and the termination of a contract on a car?

I was sold a car and the dealership committed fraud and lied in their contract. The contract is worth 18,000. I want to retrieve $5,000 from them and also want the debt of the contract to be gone. Can I do this if the small claims court max is $5,000?

Harley C. Erbe 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... Read more »

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

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.

He was charged and does have a job. We have had way to many issues with him. Does he have to pay this or what are our options we cannot pay all of the estimate in one try.

Stephen Douglas Lombardi 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... Read more »

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

Q: Does Iowa have a code for time it takes the defendant’s insurer to issue the settlement check.

Stephen Douglas Lombardi 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... Read more »

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