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Montana Civil Litigation Questions & Answers
1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Montana on
Q: Property transfer dispute; rights under written agreement.

In 2019, I was given a property under a written agreement, witnessed and signed by two people, stating that I would assume responsibility for all bills, taxes, and maintenance. I've paid all taxes, including back taxes, and made improvements leading to increased property value. I have... View More

Anthony M. Avery
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answered on Feb 25, 2025

Is there a recorded deed over to you as grantee? If not, you do not own anything but possibly a contractual right to get a deed. If you have a deed, then you must defend that you executed your part of the contract after getting the deed. Hire a MT lawyer as if you lose, you lose everything.

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 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

James L. Arrasmith
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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

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 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 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 Personal Injury, Civil Litigation and Medical Malpractice for Montana on
Q: Exploring legal action for son's brain damage at daycare due to negligence in 2012.

In approximately 2012, my friend's 6-year-old son, who was diagnosed with cerebral palsy, fell down concrete stairs at Little Acorns daycare, resulting in severe brain damage. He is now 19 years old, unable to walk or live independently, and requires full-time care, which I provide. The... View More

James L. Arrasmith
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answered on Apr 16, 2025

This situation is heartbreaking, and the long-term impact on your friend's son—and on you as his full-time caregiver—deserves serious legal attention. However, the time that has passed since the injury is a major hurdle. In most states, including those with extended statutes for minors,... View More

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Montana on
Q: Can my parents sell a car we co-own without my consent?

My parents and I bought a car together, and we each paid half. However, my dad is listed as the primary owner, and I am listed as the co-owner. Now, they want to take the car from me and possibly sell it, though I have possession of the car. There's no written agreement regarding the... View More

James L. Arrasmith
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answered on Apr 11, 2025

That situation sounds really upsetting, especially when you’ve put in your own money and work to help pay for the car. In Montana, if you’re listed as a co-owner on the vehicle title, that typically means both you and your dad have equal legal rights to the car. Without both owners’... View More

1 Answer | Asked in Civil Litigation, Elder Law, Personal Injury and Workers' Compensation for Montana on
Q: Statute of limitations for theft and elder abuse in Montana after a hospice death.

My father passed away two years ago and was in hospice care for the last two months of his life. During that time, my step-brother, who was designated as a 'trusted user' on my father's bank accounts, withdrew all the funds from these accounts, including those with listed... View More

James L. Arrasmith
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answered on Apr 11, 2025

I’m really sorry you’re going through this—what happened to your father and your family is deeply painful and deserves to be taken seriously. In Montana, the statute of limitations for theft is generally **five years** from the date of the offense, under Montana Code Annotated § 45-6-301 and... View More

Q: Did FBI violate legal rights during tribal arrest on Montana tribal lands without valid federal warrant?

I have a question regarding the legality of FBI agents supervising and executing tribal arrest and search warrants on tribal lands for an enrolled tribal member during a federal drug crime investigation. No federal warrant was signed or valid at the time, and the defendant contends this made the... View More

James L. Arrasmith
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answered on Apr 8, 2025

The FBI's actions could potentially violate the defendant's legal rights if they acted beyond their jurisdiction. Under Rule 41(a) of the Federal Rules of Criminal Procedure, federal authorities typically require a valid federal warrant to search or seize property on tribal lands. If no... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Civil Rights for Montana on
Q: Can I sue a county in Montana for wrongful acts by legal employees after illegal eviction?

Ten years ago, I was illegally evicted from my six-bedroom, three-bathroom home with just three hours' notice because an out-of-state resident made an offer to buy the house and wanted to move in immediately, even though the sale was not yet finalized. The eviction was based on falsified... View More

James L. Arrasmith
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answered on Mar 27, 2025

I understand how deeply frustrating and unjust your situation feels after suffering an improper eviction with such significant impact on your life. The emotional toll of being forced from your six-bedroom home with just three hours' notice must have been immense, especially considering the... View More

1 Answer | Asked in Business Law and Civil Litigation for Montana on
Q: My husband was recently let go from his job over a small policy violation.

He has worked there 15 years and has great performance reviews and is dedicated to his job. Other management and staff have been reported for issues and gotten plans of correction. But they didn’t offer any plan of progressive discipline with him(which is in their employee handbook). It wasn’t... View More

Tim Akpinar
Tim Akpinar
answered on Feb 1, 2025

A Montana attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to your husband. It's possible your question went unnoticed under the Business Law and Civil Litigation categories. This looks like something that the employment law attorneys here... View More

Q: I submitted a civil complaint pro se in federal district court of Montana and need to do some modifications need the hel

Where several offices under the Department of the Interior failed their civil duties that in turn violated many rights causing irreparable harm, which the Solictors denied in a letter 1 year after the submission of my tort claim

James L. Arrasmith
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answered on Oct 23, 2023

If you've filed a civil complaint pro se in the federal district court of Montana and wish to make modifications, you'll likely need to file an amended complaint. Under Federal Rule of Civil Procedure 15(a), a party may amend its pleading once as a matter of course within 21 days after... View More

1 Answer | Asked in Civil Litigation for Montana on
Q: Can I sue a caregiving agency if a worker vandalizes my apartment?
T. Augustus Claus
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answered on Aug 7, 2023

If a worker from a caregiving agency vandalizes your apartment, you may have the grounds to pursue legal action against both the individual worker and potentially the agency as well.

1 Answer | Asked in Civil Litigation, Products Liability and Insurance Bad Faith for Montana on
Q: While traveling from California to Montana in January I acquired AAA Towing services $5000+ plus was stolen. Now what?

I left Cali Friday 01/22/21. On The 23rd east of Truckee Nevada I had blown a tire. Wile stuck on side of the road for 6 - 8 hours looking for ways to get it fixed that day the 23rd. AAA had assured me more than once that it would be taken care of that day and even gave me a phone they could get my... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 6, 2021

File a theft complaint with the police if you haven't already. File a claim with your insurance company. Contact Tripple A.

Contact a member of the Nevada Trial Lawyers Assn who handles insurance to see if you have any claim--I'm not seeing it.

You have a claim agasint...
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1 Answer | Asked in Personal Injury and Civil Litigation for Montana on
Q: If someone broke into my storage unit and took my belongings can I file a Civil Suite?

This person was going around Butte Montana breaking into storage units. His girl friend pawned some of my jewelry. He is now in jail for doing some of the same. Can I file a civil suite on both people?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 15, 2016

Yes, you can. Problem is collecting, as people in jail often do not have money to pay judgments from the court.

2 Answers | Asked in Civil Litigation for Montana on
Q: I am residing in montana. A police officer tried to serve me a subpoena over facebook...

I am residing in montana. A police officer tried to serve me a subpoena over facebook i did not see the message i just saw a preview of the message saying that there was a subpoena. I have since deactivated my facebook. My question is this; is it legal to serve a subpoena over facebook? Also what... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2015

I'm guessing that the officer was being lazy, and trying to get you to waive service of process. I strongly doubt that he filed a return of service alleging that he had actually served you on Facebook.

No, I don't think you can successfully get a valid service of process quashed...
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