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Montana Questions & Answers
1 Answer | Asked in Car Accidents for Montana on
Q: I had worked in car hauling company for 6 months. Need advice how to proceed with the bill from Montana State.

Car hauling

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2024

A Montana attorney could advise best, but your question remains open for three weeks. The first place to start would be to figure out what the bill is for. Once you determine that - back taxes, state license fees, claim from DOT for property damage, fine for non-compliance, etc., that would enable... View More

2 Answers | Asked in Personal Injury for Montana on
Q: I have more then 1 suit in this case should I get 2 or 1 firm 4 mis diagnosis, malpractice, fabrication of emr record?
Stephen Murray
Stephen Murray
answered on Oct 18, 2024

In a case where you have multiple claims, like misdiagnosis, malpractice, and fabrication of electronic medical records (EMR), it’s usually better to work with one firm that can handle all the aspects of the case. The reason is that all these issues are likely intertwined and related to the same... View More

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1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation, Civil Rights and Libel & Slander for Montana on
Q: During a hearing regarding disturbing the peace and throwing rocks, what is the procedure for self representation?

My husband was accused of throwing rocks at the neighbor's house. He did not do this. The neighbor started a civil suit against me and my husband last year and has been harassing us with sheriff calls and disputes through the town council. He has disparaged us through emails at his work,... View More

James L. Arrasmith
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answered on Jun 26, 2024

To represent himself at the hearing, your husband should follow these general steps:

1. Notify the court:

- File a written notice with the court stating that he will be representing himself (pro se).

- This can usually be done by submitting a simple statement to the court...
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1 Answer | Asked in Tax Law for Montana on
Q: what all needs to accompany a motion for judicial review regarding state tax appeal boards

I am filing a motion for judicial review of information I have provided to the montana tax appeal board. what needs to accompany the motion, if any

James L. Arrasmith
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answered on May 24, 2024

When filing a motion for judicial review regarding a decision by the Montana Tax Appeal Board, you need to ensure you include several key components to support your motion. First, you should attach a copy of the decision or order that you are seeking to have reviewed. This provides the court with... View More

1 Answer | Asked in Immigration Law for Montana on
Q: NIW- EB-2 self petition

I am a J1 Participant, seeking information about NIW EB-2. I have bachelors, 5 years in total teaching services, have both license from the original country and here in US. IS there any chance I can petition myself with all of my credentials?

James L. Arrasmith
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answered on Apr 10, 2024

The EB-2 National Interest Waiver (NIW) is an employment-based green card category that allows individuals with exceptional ability or advanced degrees to self-petition for permanent residence without a job offer or labor certification. To qualify for an NIW, you must demonstrate that your work is... View More

1 Answer | Asked in Military Law for Montana on
Q: Can you leave the military if they promised you under contract to repay student loans but are not following through?
James L. Arrasmith
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answered on Mar 22, 2024

If the military is not following through on their promise to repay student loans under your contract, it's essential to understand your options carefully. Begin by reviewing your enlistment contract and any other relevant documents to confirm the terms regarding loan repayment. Documentation... View More

1 Answer | Asked in Civil Litigation for Montana on
Q: Im 18, and live with my parents. My mom takes things that I buy, stating my house my rules. Is it legal?

My mom uses the my house my rules line for a lot of things, like no video games during the week, and only stay up until 10 on weekends. I can see those as fair rules. My mom keeps taking my vapes that i buy. Before anyone reading judges me, just know the nicotine helps with my migraines and in 6... View More

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answered on Mar 21, 2024

When you're living at home, the dynamics can be complex, especially when it comes to the boundaries between personal autonomy and household rules. Your mother's stance of "my house, my rules" is common, especially for minors, but at 18, you're considered an adult in many... View More

2 Answers | Asked in Copyright, Business Law, Trademark and Intellectual Property for Montana on
Q: I want to name my app "Fit.ai" however it's being used as a domain by "Booth.ai". Am I still able to use this name?

It is not a registered business or trademark. They only have the domain name.

James L. Arrasmith
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answered on Mar 22, 2024

If "Fit.ai" is not a registered business name or trademark, and you're planning to use it for an app, you might be able to do so. However, just because the name isn't registered doesn't mean it's free from potential legal complications. The fact that another entity,... View More

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2 Answers | Asked in Copyright, Business Law, Trademark and Intellectual Property for Montana on
Q: I want to name my app "Fit.ai" however it's being used as a domain by "Booth.ai". Am I still able to use this name?

It is not a registered business or trademark. They only have the domain name.

Sean Goodwin
Sean Goodwin
answered on Mar 21, 2024

This is potentially a problem.

Trademark infringement is based on a likelihood of confusion. If you are providing a good or service that is similar to someone else and using the same name, then there could be confusion as to the source of the goods/services.

Federal trademark...
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1 Answer | Asked in Real Estate Law and Tax Law for Montana on
Q: Can someone tell me where to procure a letter to a homeowner that I will be paying the property tax that is delinquent s

I need to get the assignment underway or my parents who died without a will may be in jeopardy of a tax lien sale.

James L. Arrasmith
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answered on Mar 8, 2024

To address delinquent property taxes and prevent a tax lien sale, especially in a situation involving inherited property from parents who passed away without a will, it's crucial to act quickly and efficiently. Crafting a letter to the homeowner, or in this case, to the relevant tax authority... View More

1 Answer | Asked in Federal Crimes for Montana on
Q: My 27 yr old son was brutally assaulted by prison guards in front of other inmates. We need an attorney to help us.

The inmate witnesses are all willing to testify or submit affidavits in my son's behalf. It's almost been 3 years now. Can he still file against the prison?

James L. Arrasmith
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answered on Feb 25, 2024

Hearing about your son's ordeal is deeply troubling, and seeking legal assistance is a crucial step in addressing such serious allegations of assault by prison guards. It's important to act swiftly to ensure that your son's rights are protected and that any potential legal action is... View More

1 Answer | Asked in Civil Litigation for Montana on
Q: How is a cause of action determined
James L. Arrasmith
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answered on Jan 28, 2024

A cause of action in legal terms is determined by establishing that there is a set of facts or legal theory which, under the law, entitles a person to seek a legal remedy against another. This involves identifying a specific legal right that has been violated and showing that the violation has... View More

1 Answer | Asked in Tax Law and Business Law for Montana on
Q: I own multiple LLCs. I'd like to transfer all physical assets from the individual LLC's to one Holdings Company.

My state allows Series LLC's. What would be the best structure to keep the assets under one LLC, and insulated from the other operating LLC?

James L. Arrasmith
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answered on Jan 22, 2024

Transferring assets from multiple LLCs to a single holding company can be a strategic move to consolidate assets and streamline operations. Since Montana allows Series LLCs, you might consider this structure. A Series LLC can have separate "cells" or "series," each with its own... View More

1 Answer | Asked in Civil Litigation, Elder Law, Criminal Law and Family Law for Montana on
Q: My younger sister has been stealing money from my moms account. Do we call police or hire a lawyer?

Nothing to add

James L. Arrasmith
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answered on Jan 13, 2024

In a situation where your younger sister has been stealing money from your mom's account, you have a few options to consider. It's important to weigh the circumstances and potential consequences before deciding on a course of action.

One option is to report the theft to the local...
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1 Answer | Asked in Federal Crimes, Criminal Law and Immigration Law for Montana on
Q: My husband its in jail for breaking his probation< Can he be my sponsor to fix my papers,No crime against minors

his crime its related to Marihuana<serving a 10 month sentence,will be release on April 25 2024,the charges are having related to a person who commited crimes,and No having completed the program for addiction

James L. Arrasmith
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answered on Jan 13, 2024

Your husband being in jail on probation violation related to marijuana should not directly impact your immigration status or the process of fixing your papers, assuming there are no legal issues surrounding your own immigration status.

However, when it comes to sponsorship for immigration...
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1 Answer | Asked in Civil Litigation for Montana on
Q: can you go to court over manipulated over money for a period over a year?

I was thought to be in a relationship with someone. I paid countless bills on the stance we were in relationship. Over the past few days I was told we weren't at all. I was manipulated over the past few months when I tried to leave.

James L. Arrasmith
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answered on Jan 11, 2024

In a situation where you believe you were manipulated into paying someone's bills under the pretense of a romantic relationship, you might have legal recourse. The key issue here is whether there was deceit or fraud involved in convincing you to provide financial support.

To pursue...
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1 Answer | Asked in Gov & Administrative Law for Montana on
Q: Is it legal in Montana for a process server to get someone to let them into your secured building?

Local police have had trouble getting in to the building so I really believe someone let them in.

James L. Arrasmith
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answered on Dec 10, 2023

In Montana, the legality of a process server gaining access to a secured building depends on the methods used to gain entry. Process servers are generally allowed to use legal means to serve papers, which includes entering public areas of buildings. However, they must abide by all laws and... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Montana on
Q: What other documents can I use to show to get my drivers permit?

My green card was stolen years ago and got a new one filed more than a year ago and still haven’t received it. I’ve tried to get my permit multiple times but I was told that I couldn’t because I didn’t have a green card though I have proof of it. What do I do?

I cannot simply wait... View More

James L. Arrasmith
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answered on Nov 18, 2023

To apply for a driver's permit without your physical green card, consider using alternative documents that prove your legal status in the U.S. Typically, a state's Department of Motor Vehicles (DMV) accepts various forms of identification and legal status documentation.

You can...
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1 Answer | Asked in Traffic Tickets for Montana on
Q: Ticket says "committed the offence of going 11-20mph over but in the speed recorded area it says I was going 23mph over"

So because of this typo I went from having to pay a fine to having to going to open court. Should I plead not guilty because I didn't do what the ticket said I did, even though I actually when faster then the charge?

James L. Arrasmith
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answered on Nov 13, 2023

In your situation, where the traffic ticket states one speed but the recorded speed is higher, it's important to carefully consider your options. Pleading not guilty because of a discrepancy in the ticket could be a viable defense, especially if the ticket's information is materially... View More

2 Answers | Asked in Uncategorized for Montana on
Q: If my son is in a seizer, and hits a police officer,can he be charged for assult?
Jordan Douglas Vann
Jordan Douglas Vann
answered on Nov 18, 2024

Seizures are not considered a voluntary action usually. To be found guilty of assault, someone must commit a voluntary offense. With that being said, it would be in your best interest to hire an attorney locally to help you through these issues.

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