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Montana Civil Litigation Questions & Answers
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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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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