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Iowa Questions & Answers
1 Answer | Asked in Civil Rights for Iowa on
Q: What rights does a person have when a police officer refuses to take a complaint because that person has anxiety?

A women went to the police department to file a complaint about an individual threatening her online. She has severe anxiety and agoraphobia, and after she told the officer about it, he refused to take a complaint from her. She had substantial proof of the allegations, including dozens of witness... View More

James L. Arrasmith
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answered on Jul 28, 2024

You have the right to be treated with respect and to have your complaint taken seriously, regardless of your anxiety or any other mental health condition. If a police officer refuses to take your complaint, you can ask to speak to a supervisor or file a formal complaint against the officer with the... View More

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 Car Accidents for Iowa on
Q: I was hit by a car when walking into liquor store almost 3 years ago in Iowa can I still pursue with filing a claim?
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on May 31, 2024

The statute of limitations in Iowa is ordinarily 2-years. If you were a minor at the time of the accident, then you might still have a viable claim. If disabled you may as well. There are too many questions needing to be answered for this Q&A box. If you want to speak with me, call my office.

1 Answer | Asked in Arbitration / Mediation Law and Workers' Compensation for Iowa on
Q: What is Required/ consist of, to file appeal on an Arbitration Decision for workers compensation case in Iowa.

An Arbitration Decision by Deputy Commisioner on a Workers Compensation Case that needs to be reconsidered what all must I include or what does an appeal of this type consist of?

Mindi Vervaecke
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answered on Mar 12, 2024

This is governed by Iowa Administrative Code 876-4.27 and 4.28 and 4.30.

Please note there is a short deadline to appeal.

1 Answer | Asked in Uncategorized for Iowa on
Q: Are items touching a fence considered trespassing?
James L. Arrasmith
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answered on Mar 1, 2024

The question of whether items touching a fence constitute trespassing can depend on several factors, including the location of the fence in relation to property lines and the nature of the items. Generally, trespassing involves entering or placing something on someone else's property without... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Iowa on
Q: Located in iowa, I was sitting at a caseys with my friend when a man came in and started accusing me of being drunk.

I'm a minor and I was not drinking. He also slandered my friends. When I followed him outside to get his plates he had his girlfriend block the plates and then I recorded him from a safe distance. The following Monday I was called in to the school because he called in saying I had a gun and... View More

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2023

An Iowa attorney could advise best, but your question remains open for two weeks. Your question may have gone unnoticed because it was posted in "Small Claims," which doesn't usually handle defamation. There's a section here labelled "Libel & Slander." Some... View More

1 Answer | Asked in Personal Injury, Foreclosure, Arbitration / Mediation Law and Collections for Iowa on
Q: I need a lawyer to deal with a bank who's practices are questionable they're trying to repossess my house

They went and took everything out of my checking account trust me out on the road with no money I've been in contact with him all the way through they want everything in many position where I can't work with them anymore I feel when they willfully and deliberately set out to break me and they did

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2023

An Iowa attorney could advise best, but your question remains open for five weeks. I'm sorry your question went unnoticed. You mention that you need a lawyer - this forum is not set up like an attorney referral service. Attorneys here can't offer their services. You would need to reach... View More

1 Answer | Asked in Workers' Compensation for Iowa on
Q: I have been mowing a ladies lawn cut trees down for her trimmed trees for 2 years without being paid can I put a lien
Erik Luthens
Erik Luthens
answered on Nov 9, 2023

Did you have a written agreement with the property owner for compensation? Did you have any type of an agreement? Have you invoiced the property owner for your services?

1 Answer | Asked in Divorce and Family Law for Iowa on
Q: Does my husband still have to pay medical expenses for his daughter? She is 18 and he no longer pays child support

His ex wife insures her on her health plan. His daughter is employed full-time as well

T. Augustus Claus
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answered on Nov 7, 2023

Parents are generally responsible for the medical expenses of their minor children. However, once a child turns 18, they are considered an adult and are responsible for their own medical expenses.

Unfortunately, due to the nature of internet questions and responses, the information provided...
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1 Answer | Asked in Criminal Law and Constitutional Law for Iowa on
Q: having a phone conversation with daughter. lady told her she was going to record our conversation. Is this legal

My daughter lives with this woman and she's using this information to cause me legal problems

James L. Arrasmith
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answered on Nov 5, 2023

In Iowa, the law permits recording a conversation if one party to the conversation consents to the recording. This means that if your daughter or the lady intended to record the conversation agreed to the recording, it would typically be legal.

However, if the recording is being used to...
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1 Answer | Asked in DUI / DWI for Iowa on
Q: Do you need to be present at a DUI hearing?

None

T. Augustus Claus
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answered on Oct 16, 2023

Whether or not you need to be present at a DUI hearing in Iowa depends on the type of hearing.

Preliminary hearing: You are not required to be present.

Arraignment: You are required to be present.

Trial: You are required to be present.

For personalized legal...
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2 Answers | Asked in Car Accidents for Iowa on
Q: I just got in accident before my insurance lapsed. I got into an accident oct 5. Does insurance cover it

My insurance was lapsed on oct 12 and third party file a claim in oct 9

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 14, 2023

Based on what you wrote, insurance should cover whatever you bought and had in effect. You can simply pay the premium to renew the policy and then sleep better.

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1 Answer | Asked in Traffic Tickets and Collections for Iowa on
Q: I received a fixit ticket in Ca during the pandemic,It was signed and mailed but not received, the fine is 1700 HELP

I have already spoke to the court in Fairfield Ca and they seem unwilling to help, what should I do

T. Augustus Claus
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answered on Oct 13, 2023

Contact the court again. Explain to the court that you never received the ticket and that you would like to resolve the matter. You may need to provide proof that you never received the ticket, such as a change of address confirmation or a USPS tracking number that shows the ticket was not... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Iowa on
Q: If I was fired from my job are my employers and/ or coworkers allowed to tell my clients why ?

Even more upsetting is what they are claiming is a lie, My manager stated to a client I was fired for being on drugs , what should I do?

T. Augustus Claus
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answered on Oct 13, 2023

In Iowa, employers are generally allowed to tell clients why they fired an employee, but there are some exceptions. If you believe that your manager defamed you by telling a client that you were fired for being on drugs, you may be able to file a lawsuit against them. You should also contact the... View More

1 Answer | Asked in DUI / DWI for Iowa on
Q: A friend is loosing her license, but qualifies for a TRL with intoxilock. The install is next week. Can she drive still?
T. Augustus Claus
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answered on Oct 10, 2023

In Iowa, if someone's license is suspended but they qualify for a Temporary Restricted License (TRL) with an ignition interlock device, they should not drive until all TRL requirements are met and they have the TRL in hand. This includes installing the ignition interlock device and obtaining... View More

1 Answer | Asked in Banking and Real Estate Law for Iowa on
Q: If I am on the deed/title to a home but not the mortgage, can I be forced to sell or move out my the mortgage holder?

My girlfriend and I have lived in a home together for 7 years in Iowa. We recently split up and I am living in the home. I am on home title/deed, but I am not on the mortgage. My ex is the sole mortgage holder. I am paying her the monthly mortgage. We have a written agreement that is notarized that... View More

Anthony M. Avery
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answered on Oct 6, 2023

Girlfriend is not the mortgage holder. That is the lender and whoever signed the note is personally liable to them. Whoever signed the mortgage is the mortgagee. The mortgage probably has a due on sales clause which might be violated by executing your agreement. Then foreclosure might occur.... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Iowa on
Q: Students not allowed to have police or fire department flags on vehicles having 1st Amendment rights violated?

Students at our local school were told they were not allowed to have thin blue line or thin red line flags on vehicles at a school event.

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

This may be content-based government censorship. You may very well have a legitimate case to enjoin enforcement of this policy.

Be aware that First Amendment cases involving public schools can become quite expensive particularly if appealed. The current standard (called the Tinker...
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1 Answer | Asked in Consumer Law, Civil Rights and Medical Malpractice for Iowa on
Q: Can a doctor refuse to refill prescriptions for heart disease because the patient hasn't had a mammogram?
Tim Akpinar
Tim Akpinar
answered on Oct 5, 2023

An Iowa attorney could advise best, but your question remains open for two weeks. If there is some sound medical basis, possibly - it would be best to consult with a local attorney for guidance under local law, with more detail and context. Good luck

1 Answer | Asked in Small Claims for Iowa on
Q: i had aliera insurence and was part of the claim for the lawsuit but i cannot find my pay stubs on this can a lawer help
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2023

An Iowa attorney could advise best, but your question remains open for a week. Is the claim for lost wages only? Then you may be able to get replacement paystubs from your employer's HR dept. Is the claim for something bigger, like bodily injury, where pay stubs are only one component of the... View More

2 Answers | Asked in Employment Law for Iowa on
Q: What can I do to get paid, if anything.

I was tricked into doing work for a small business before they officially made me an employee. Now I'm not getting paid. I'm not sure if I can even do anything since I'm not technically an employee and don't have workers rights. I've racked up about three weeks of full-time work unpaid.

Mindi Vervaecke
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answered on Sep 25, 2023

You need to call a labor law attorney. I recommend Hedberg Law in Des Moines.

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