Lawyers, Answer Questions  & Get Points Log In
Iowa Questions & Answers
1 Answer | Asked in Small Claims for Iowa on
Q: have been overcharged for labor on repairs and got damage to truck while in shop
Tim Akpinar
Tim Akpinar answered on Mar 10, 2020

If you have estimates and other paperwork proving the overcharge, and there are no provisions in the shop's fine print mandating arbitration as a forum, small claims could be an option. However, if you are able to come to some sort of compromise, that could eliminate the time spent in court... Read more »

1 Answer | Asked in Medical Malpractice for Iowa on
Q: I was diagnosed almost 2 years ago with Arachnoiditis and the surgeon said it was caused by a surgery 15 years ago.

15 years ago my dural sac was cut during surgery and I went to back every week after surgery with a baseball sized lump out my back. They let it leak for a month before doing an MRI. I was back in surgery next morning for repair. 2 years ago a different neurosurgeon discovered my Arachnoiditis on... Read more »

Erik Luthens
Erik Luthens answered on Mar 3, 2020

Generally speaking the statute of limitations relative to a medical malpractice claim is two (2) years from the date of the negligent act or two (2) years from the date of when you were first made aware of a potentially negligent act associated with medical treatment ("discovery rule").... Read more »

1 Answer | Asked in Immigration Law for Iowa on
Q: Can I apply I-485 through my wife NOW while still in J-1 visa waiver or do I need to WAIT till when my waiver finishes?

I started my J-1 visa waiver (as H1B since 2019). I am currently doing my J-1 visa waiver.

During my time in the waiver, I got married. My wife is a US citizen.

I got my I-130 approved.

Can I apply I-485 through her NOW while still in waiver or do I need to WAIT till 2022 when my waiver finishes?

Gunda Yohanna Brost
Gunda Yohanna Brost answered on Mar 1, 2020

You can apply now but you will not get a green card until the waiver is approved, possibly requiring you to request delaying adjudication of the pending I-485. I hope you have a reputable immigration attorney handling your case as these types of waivers are highly complex.

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.

View More Answers

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... 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

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... 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


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;... 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.

View More Answers

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.