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Montana Questions & Answers
1 Answer | Asked in Personal Injury and Municipal Law for Montana on
Q: If I was on a pedestrian and bicycle path and the car driver had a yield sign where I was badly injured is it my fault ?

I was on a bicycle and pedestrian path many people use every day! I was still on the path and it had a crosswalk on the path. The driver of the car had a pedestrian yield sign and didn’t yield hitting me and causing severe injuries. Police came with ambulance and fire trucks and I was rushed to... Read more »

Gregory Scott Greenberg
Gregory Scott Greenberg answered on Nov 22, 2020

It does not sound like you are at fault here. However, I strongly advise you get an attorney licensed in the state of Montana as soon as possible to assist you further with this issue.

2 Answers | Asked in Bankruptcy for Montana on
Q: In filing chapter 7, with a secure debt of jewelry how do you approach it if the jewelry is no longer available?

I financed a ring 5 years ago, pawned it 3 years ago and lost it to the pawn shop. Now I am filing bankruptcy and do not know how to approach the debt in my forms?

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Nov 2, 2020

List the debt on schedule F and put in the description that the jewelry was lost. A debt cannot be secured by assets of the debtor if the debtor no longer has the collateral. It shouldn't be an issue as long as you tell the truth.

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1 Answer | Asked in Immigration Law for Montana on
Q: Please help me get my boyfriend from Nigeria here for the holidays with my family. We have been dating a year and half.

Met online 3 years ago. Been dating over a year now. Never met. I want to get him here for the holidays with my family. 3 month visit.

Adan Vega
Adan Vega answered on Sep 25, 2020

Your boyfriend will need to apply for a non-immigrant B-1/B-2 visa at the U.S. consulate in Nigeria.

1 Answer | Asked in Health Care Law, Consumer Law, Criminal Law and Personal Injury for Montana on
Q: I’m getting trespass from grocery stores because I have health issues that keep me from wearing a mask. I’m in Missoula

They say that there’s certain stores I can order curbside from but I haven’t figured it out yet and I’m getting hungry and was hoping I’d be able to go into a grocery store to get some food.

Tim Akpinar
Tim Akpinar answered on Aug 8, 2020

A Montana attorney could answer best, but your post remains open for two weeks. Don't risk trespass charges - check with a doctor if your condition is a medical excusal AND additionally if those establishments will accept it. Good luck

Tim Akpinar

2 Answers | Asked in Bankruptcy for Montana on
Q: I have a judgement against me and garnishment of my wages has begun. Is this now a secured debt?

How do I determine the Value of Collateral if this is a credit card debt, Im being garnished for?

David Luther Woodward
David Luther Woodward answered on Aug 8, 2020

Depending on the procedure in your state--and it varies by state--if the Plaintiff has secured a judgment lien, then it is secured. Otherwise, probably not.

You should consult a lawyer do give you a reading on the law in your state.


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1 Answer | Asked in Bankruptcy for Montana on
Q: How do you determine the value of a professional license you hold?

Form about property you own

David Luther Woodward
David Luther Woodward answered on Aug 4, 2020

If your license is as a physician, a lawyer, an accountant, or the like, I give them no value because there is not market: it cannot be sold or purchased (lawfully, that is). So if there is no market, there is no value.

1 Answer | Asked in Criminal Law, Employment Law, Workers' Compensation and Business Law for Montana on
Q: I am owed wages from my previous employer, instead of paying, they've threatened to kill me, can i sue?

I was getting paid by company check, then started being paid in cash. I asked about it and was threatened with physical harm and when i reported the threats my hours were cut and haven't been paid for my last 5 weeks of work. Each time, I'd call I'd be given excuses and then i... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 18, 2020

Hi, the Fair Labor Standards Act requires you to be paid at least the minimum wage for all hours worked. If you worked any overtime, you would also be entitled to that as well. I would reach out to an employment law attorney in your state to discuss options.

1 Answer | Asked in Immigration Law for Montana on
Q: The National Visa Center keeps asking for the same civil documents.

The National Visa Center keeps asking for the same civil documents (copy of marriage certificate or police record), I submitted all the docs and they were approved, with the I-130 which is also approved. What’s going on at the NVC?”

Drew Elesh
Drew Elesh answered on May 26, 2020

we have fixed this for several clients this year.

We can represent you for the final stages of setting up the

profile and complete the remaining forms including the Dept of State

forms and prepare the client for interview. There is also a new public charge

form added since Feb.

1 Answer | Asked in Immigration Law for Montana on
Q: can a person with a tourist visa to the usa come here, get married, and stay here after she marries a us citizen?

thai citizen with a B1 tourist visa

has a 10 year old daughter

would plan on getting married to me, a us citizen

can she stay after marriage to me and apply for a greencard?

Adan Vega
Adan Vega answered on Mar 9, 2020

Your plans to have your fiancée enter the U.S. with a B-1/B-2 visa in order to marry a U.S. citizen and adjust status with USCIS is an inappropriate use of the non- immigrant visitor visa. An attempt to file a request to adjust status with USCIS can be denied based on a misrepresentation at the... Read more »

1 Answer | Asked in Products Liability and Small Claims for Montana on
Q: so I was shopping in Washington for a saltwater coral I found one I wanted the employee wasnt sure on the price.

he said he would have to call his boss so as I was leaving he came up to me and said 50 dollars and it's yours so I assumed his boss called him back so I bought it. Couple days later Im home in Montana (4 hours away) the owner calls me wanting it back saying it was a mistake and its worth more... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 21, 2020

A Montana attorney should advise on this, as it could involve elements of state consumer or contract law. But your question remains open for four weeks. As a basic premise under contract law regardless of jurisdiction, unilateral mistake involving value is not generally a defense. However, there... Read more »

Q: I don't understand specific language in an NDA I'm being asked to sign. Can you help? (See More Information section)

A company wants me to sign an NDA before I submit a product idea to them (I'm a Product Developer). I'm not clear on what this means and it concerns me a bit: "Each party hereby expressly acknowledges and agrees that any failure to comply with the provisions of this AGREEMENT will... Read more »

Tania Maria Williams
Tania Maria Williams answered on Feb 12, 2020

I am not licensed in Montana but that looks like an injunctive relief provision. Whenever a breach of contract causes what we call “irreparable harm,” a party may try to get an injunction or other equitable relief. Many people put that provision into an NDA to be able to more easily get an... Read more »

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1 Answer | Asked in Tax Law for Montana on
Q: Concerning 28 USC 3001 et seq, after what amount of time is a quitclaim between one family member to another with no

Concerning 28 USC 3001 et seq, after what amount of time is a quitclaim between one family member to another with no cost attached to it not able to be legally reversed or have a 3rd party lien placed against the property by the IRS?

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 3, 2020

28 USC 3001(b) reverts to 26 USC 6503(a)(1) which contains a 10 year collection period that can be paused upon specific occurrences.

26 USC 6901 also has rules for extension of assessment under specific situations and allows collection of third party transfers form transferrees and...
Read more »

1 Answer | Asked in Tax Law for Montana on
Q: What law(s) in particular can you cite concerning reversal of a quitclaim from one family member to another?

I already know that if you do a quitclaim from one family member to another, without charging them money for it, while there is currently no lien on the house Just to file bankruptcy that the quitclaim is going to end up getting reversed by a judge. However, I have been told by a lawyer outside of... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 3, 2020

28 USC 3001 et seq

1 Answer | Asked in Tax Law for Montana on
Q: Hello. This is a question concerning what power the U.S. government has over other people’s property.

Can the I.R.S. legally find a way to reverse a quitclaim on the title to a person’s house if it was quitclaimed over from a mother to her child, who are still living together in the same house, before neither a lien nor a levy could end up being put on the property?

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 1, 2020

Yes, there's state and federal laws that reverse fraudulent teanfers or create third party liens where property was transferred for less than fair market value or in an attempt to defraud creditors.

1 Answer | Asked in Employment Law for Montana on
Q: My employer mandated me at 50 hours per week. My check does not reflect my actual hours, it says a flat 40 a week, lega?

I am mandated at 50 hours per week. I often work over than, sometimes 90 a week depending on staff. My paycheck says I only work 40 hours per week, is this legal for them to do, if not what law states so?

Carrie Dyer
Carrie Dyer answered on Jan 14, 2020

The Fair Labor Standards Act requires that employers typically pay their employees no less than minimum wage for all hours worked, and time and one-half their regular rate of pay for all hours worked per week in excess of 40. Unless you are subject to an exemption, if you are paid on an hourly... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Montana on
Q: I feel like I was targeted and demoted in an effort to force resignation. Is there anything I can do?

I was promoted in june. Since then I haven't received 50% or more because of poor food cost or because of poor inspections. I feel like this was the first effort to Target me. I was a diligent employee for 13 years never missing a shift and working extra whenever needed. The problem is the... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Dec 19, 2019

Unfortunately, no. You live in an at-will employment state, meaning you can be terminated from your position for any reason or no reason at all, without warning. The only exception to this general rule is if you feel you are being targeted for termination for an unlawful reason based on a protected... Read more »

1 Answer | Asked in Tax Law for Montana on
Q: This is going to be a real run on sentence but what if husband and wife are married filing jointly and the husband...

left his wife with a lot of tax debt that he lied to his wife about by saying he had paid it all off already, like 20 years ago, but really he just kept filing offer and compromise and bankruptcy but never went through with it anytime he did it and so the statute of limitations just kept pausing... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Dec 11, 2019

If you tried innocent spouse and do not have any appeals rights then the only thing that you can do is set up a collection alternative with the IRS. You need the assistance of a good tax lawyer. Most of us offer a free consultation and after speaking with you can offer you advice based on your... Read more »

1 Answer | Asked in Estate Planning for Montana on
Q: Co-trustee and POA. I'm being asked by co-trustee to sign a contract outlining mom's care to get paid as caregiver.

My stepbrother and I are named as co-trustees and POAs over our parents. Dad passed. Mom has dementia. I am staying with her in Montana and caring for all her needs, paying her bills, arranging for assisted living in Bend, OR.

The Wills and Trusts state that one can be paid to take care of... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 17, 2019

A caregiver contract makes perfect sense in your situation. It also helps document that those payments are not gifts in case you ever need to apply for Medicaid for her. Otherwise they would be presumed to be gifts. Medicaid applicants are penalized for all gifts made within five years prior to... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Federal Crimes for Montana on
Q: Convicted felon rights

Can a convicted federal felon for a drug offense gain custody over a law abiding citizen

Gary Kollin
Gary Kollin answered on Nov 5, 2019

our question does not make sense

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