Kansas Questions & Answers by Practice Area


Kansas Questions & Answers

Q: If my mom done a personal injury case for me as a minor how can i get that information

1 Answer | Asked in Personal Injury for Kansas on
Answered on Mar 16, 2017

Go to the county court for the county where you lived when you were hurt. Look it up under your name.
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Q: Can I make a company comply with the last signed service agreement?

1 Answer | Asked in Consumer Law for Kansas on
Answered on Mar 3, 2017

Written contracts typically have a clause saying they cannot be modified or amended except in writing. If that is the case with the 2013 service contract, the claimed oral waiver is invalid as a matter of law and you can enforce the contractual payment obligation.
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Q: Brother has dementia in Veterans Center & wants to quick claim his home/10 acres to his 2 children for $1--sign as PoA?

1 Answer | Asked in Contracts and Real Estate Law for Kansas on
Answered on Feb 28, 2017

It is very unlikely a "quitclaim deed" transfer for his children for $1 would be treated by the IRS, state tax authorities or the local property recording office as a bargained-for sale. Instead, the difference between FMV and the $1 price will likely be deemed taxable, ordinary income to the children and will be subject to gift taxes assessable on the father.
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Q: What is lack of subject- matter

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Landlord - Tenant and Native American Law for Kansas on
Answered on Feb 23, 2017

I'm guessing you meant: "What is lack of subject-matter jurisdiction?"

When a court hears your case, there are three questions it must initially ask:

1. Does it have subject-matter jurisdiction? Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter.

2. Does it have personal jurisdiction? Personal jurisdiction is the power of a court over the parties in the case.

3. Is this...
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Q: Which is the right court to file for collusion(anti-trust) lawsuit? against an insurance company...and 'self representin

1 Answer | Asked in Insurance Bad Faith and Antitrust for Kansas on
Answered on Feb 17, 2017

Antitrust lawsuits can be based on either federal or state law. If the former, sue in federal court in Kansas (U.S. District Court for the District of Kansas). If under state law, you sue in the Kansas courts of general jurisdiction (the Kansas district courts). Pleading and proving and unlawful antitrust conspiracy, which is the legal term for horizontal collusion, is tricky, so your job in representing yourself pro se will be very, very difficult.
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Q: Cable/wire was run underground through my back yard w/no easement. What can I do about it?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kansas on
Answered on Feb 15, 2017

Get an experienced real estate attorney to look into it and to represent you. If, as you say, they have trespassed on your land and placed a cable or other property across it without your consent (and without an easement), you may sue for an injunction and damages. Contact more than one attorney and hire the one you like best. Good luck.
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Q: How do I get a criminal case that was dismissed over 10 year ago off of my record?

1 Answer | Asked in Criminal Law for Kansas on
Answered on Feb 15, 2017

You can file a petition to expunge the arrest. Both arrests and convictions can be expunged (removed from your record). Contact an attorney for assistance with expungement
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Q: So what are the chances that a online payday loan place would sue someone if the loan wasn't paid back?

1 Answer | Asked in Bankruptcy and Consumer Law for Kansas on
Answered on Feb 7, 2017

Chances are pretty decent that they will sue and then seek to garnish either a bank account or your wages (both of which have previously been provided to them by the borrower) if the loan is not paid back.
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Q: Can a Colonel ignore a soldiers doctors orders?

1 Answer | Asked in Personal Injury and Military Law for Kansas on
Answered on Feb 7, 2017

The Colonel isn't "delaying" he is "deliberating." You know how the army works--he needs to get with either a lt or captain that maybe can nudge the adjutant to put the papers under the colonel's nose. Legal way for an enlisted guy to give the bird to a bird? Not in the next few millenia! Maybe in the Finnish Army but that's about it!
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Q: Can a online payday loan place take you to court and seize your income tax return garnish your wages mess with your bank

1 Answer | Asked in Bankruptcy and Consumer Law for Kansas on
Answered on Feb 7, 2017

Very rarely would they go to the trouble to actually try to intercept the tax return - a bit tricky. More likely they will sue you, get a judgment in the court, and then file a garnishment on your bank account or wages. That is the order they would have to proceed - and they could send ongoing garnishments to the bank hoping to catch the tax refund (but only after they get the judgment at court).
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Q: Can US students legally purchase international editions of textbooks?

1 Answer | Asked in Copyright and Education Law for Kansas on
Answered on Jan 28, 2017

To answer your question: Yes, US students may legally purchase international editions of textbooks. It's really the -seller- of international textbooks that must invoke the first-sale doctrine to protect their activities, but the Supreme Court recently decided that they may.

You're looking for Kirtsaeng v. John Wiley & Sons, Inc., which was decided more recently than 1998. Here is a link to the coverage of the case on SCOTUSBLOG:...
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Q: trying to pay bankruptcy off early is the 36 months base off of the file date/the first payment date or petition date?

1 Answer | Asked in Bankruptcy for Kansas on
Answered on Jan 23, 2017

You should contact your bankruptcy attorney. If you do not have one, now is the time to hire one. The order confirming your plan will show your plan base. As an example, if your plan payment is $100 for 36 months then the plan base is $3,600.00.

You committed to paying all disposable income into your plan for 36 months when you confirmed your plan. If your plan is paying 100% to unsecured creditors, you should have no problem paying off early. If you are not paying 100% to...
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Q: I am trying to get a divorce but I don't know where he is and I don't have a lot of money. Can anyone help?

1 Answer | Asked in Divorce for Kansas on
Answered on Jan 20, 2017

Check out http://www.kansaslegalservices.org/, which allows you to apply for free legal services if you don't have enough money.
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Q: Bell subrogation claim against me in a accident that I was found not at fault

1 Answer | Asked in Car Accidents for Kansas on
Answered on Jan 18, 2017

Anyone can say anything. If she turned left, unless it was on a turn arrow and you had the red, you have the right of way. If you were hurt contact a member of the Ks Assn for Justice--they give free consults.

You don't want to ignore a court summons even if you weren't at fault.

If it's just a written demand write them a letter and note that judge found you not at fault and also that you were going straight she was turning, so its your right of way. Make a copy of what you...
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Q: When is a landlord liable for a tenant's injury on the rental premises?

1 Answer | Asked in Personal Injury for Kansas on
Answered on Jan 14, 2017

When the tenant is injured due to an area over which the landlord kept responsibility or control, or when something breaks and the landlord knew or should have known about it.
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Q: As a salvadorian how do i get a police record for immigration purpose since i have to be present to get one

1 Answer | Asked in Immigration Law for Kansas on
Answered on Jan 12, 2017

Check with the requirements for ES on the NVC website and on the ES website. Some countries allow you to give power of attorney to someone or an attorney in ES. The requirements of the NVC have recently changed for various countries.
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Q: hello i just want to ask coz we are here in the US for a b1/b2 visa

1 Answer | Asked in Immigration Law for Kansas on
Answered on Dec 28, 2016

I suggest you consult with a experienced immigration attorney who will determine whether you qualify for any visa. Do not overstay your visas. An overstay will make it very difficult to receive new visa or extend your current visa.
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Q: my brother in-passed away and before he died, she negligence to care for him and knew he was sick. can see be in fault

1 Answer | Asked in Wrongful Death for Kansas on
Answered on Dec 7, 2016

Doesn't say who "she" was and what her relation was. If she was an unpaid relative, wife etc she may be careless but it's not something I see anyone having a claim on. What you should do is contact a member of the Kansas Assn for Justice and get an in person consultation. They give free consultations. You will need the approximate dates on when things happened, etc.

If the person that died was a drug user the case may have a low value--sorry, but that's the reality.
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Q: How do I find out if a company is liable for personal injury.

1 Answer | Asked in Personal Injury for Kansas on
Answered on Dec 6, 2016

You need to first help your family by having your water and house tested. Contact a member of Ks Assn for Justice who handles toxics--they give free consultations. The cases are incredibly tough to prove, though.
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Q: What is a no-fault law? Does Kansas have it?

1 Answer | Asked in Personal Injury for Kansas on
Answered on Dec 1, 2016

This usually refers to an insurance company having to pay benefits regardless of who is at fault. It usually comes up when your own car insurance policy is required to pay at least the first $4,500 of your medical expenses, regardless of who is at fault. In Kansas these are referred to as PIP benefits, and if you eventually recover damages from the person who is at fault, you will usually have to reimburse your own insurance for this $4,500 "no-fault" benefit from the recovery.
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