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Montana Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Montana on
Q: I need help with privacy violations that were made via unauthorized background checks. What do I do? Who do I contact?

I have recently decided to take back my privacy rights. When doing so I discovered a lot of people, whose names, claimed relatives performing background checks when not authorized to do so without my consent. I would like to know the legal steps to pursue this in the most legal ways possible to... View More

James L. Arrasmith
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answered on Oct 9, 2024

Start by gathering all your evidence, including screenshots and any records of unauthorized background checks. Document each instance where your privacy was breached and note the names and organizations involved.

Next, contact the entities that performed these checks. Request a detailed...
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1 Answer | Asked in Employment Law and Civil Rights for Montana on
Q: What is Montana definition of forced labor? I have ILO definition and my employer checks both boxes for their definition

We are required to remain at our station ,under threat of termination, beyond our agreed shifts if our relief does not show up for shift. I've made employer aware I am unwilling to stay past my scheduled shift.

I have left at my scheduled time twice in 3 months. I am forced to remain... View More

James L. Arrasmith
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answered on Aug 31, 2024

Under Montana law, forced labor can fall under the broader category of labor trafficking, which occurs when someone is made to work against their will through the use of force, fraud, or coercion. Your situation seems to match the ILO definition of forced labor, as you are being compelled to work... View More

1 Answer | Asked in Car Accidents for Montana on
Q: Can you get a careless driving ticket do to an accident on private property

Backing incident not sure if I ever hit the other vehicle no evidence of damage to my vehicle.police didn't see damage to my vehicle either.

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2024

A Montana attorney could advise best, but your question remains open for four weeks. Your question probably went unnoticed under the "Car Accidents" category. Some questions here go unanswered, but if your matter is still pending, you could try reposting and adding "Traffic... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Montana on
Q: I need assistance with a guardianship matter regarding one of my daughter's.

An order to modify the Guardianship is requested because several factors have brought light to new details surrounding the matter, and these new details have arisen many concerns. Recent discovery has revealed the Guardianship currently held by MRS. CDH, over my daughter, CLW, was appointed through... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like you are facing a challenging situation with your daughter's guardianship. To address these issues, you need to gather all the evidence of the fraudulent activities committed by Mrs. CDH. This includes any forged documents, false statements, and proof of your true residence and... View More

1 Answer | Asked in Government Contracts and Native American Law for Montana on
Q: What is the difference between state power of attorney and tribal adult protection act?

I would like to take power of attorney over my Navajo elderly parents but they live on the navajo reservation. I live in Montana. Is getting a power of attorney through the state as good as tribal guardianship?

James L. Arrasmith
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answered on Jul 18, 2024

When considering power of attorney for your Navajo elderly parents, it's important to understand the distinctions between state power of attorney and tribal adult protection acts. A state power of attorney is a legal document that allows you to make decisions on behalf of your parents, but its... View More

1 Answer | Asked in Native American Law and Workers' Compensation for Montana on
Q: do you do help with cases on indian reservations?

I was injured March 21st in my office and I rolled my right foot breaking 2 bones. I turned everything into the Tribe's insurance which is called Tribal First out of San Diego and was just denied last week due to the work didn't have anything to do with the break. We had a sub-committee... View More

James L. Arrasmith
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answered on Jul 18, 2024

I'm sorry to hear about your injury and the challenges you're facing with the Tribe's insurance. Given the circumstances of your injury, it sounds like it occurred during your workday and in response to a work-related task, even though the exact meeting time had not yet arrived.... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Native American Law for Montana on
Q: can fbi agents execute and supervise tribal warrants on tribal land without federal warrants is it a violation.

tribal law and order code criminal procedure states reservation police officers must execute and make arrest of warrants.

James L. Arrasmith
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answered on Jul 18, 2024

FBI agents generally need federal warrants to execute or supervise arrests on tribal land. Tribal warrants should be executed by reservation police officers, as stated in the tribal law and order code.

If FBI agents act without a federal warrant, it might be a violation of tribal...
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1 Answer | Asked in Personal Injury for Montana on
Q: Ineed surgery for a work related injury but cannot get it because i am anemic.

I worked for coca cola as a merchandiser for a little over a year. Tore my labrum and bicep at work and need corrective arthroscopic surgery. I am unable to get this surgery done because I am anemic and the surgeon refuses to do the surgery without clearance from my regular physician. What can i... View More

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2024

A Montana attorney could advise best, but your question remains open for two weeks. This may be something more about medical issues than legal issues if there is a sound basis for your primary care physician to not clear you for surgery. At this point, reach out to workers' comp attorneys to... View More

1 Answer | Asked in Real Estate Law for Montana on
Q: My dad and stepmom bought land in 1978 with her sister and brother in law. 10 acres apiece. They have all passed now, so

how do I get my dad's half of the land in my name? He did not have a will, just a power of attorney, listing me as the agent if my stepmom was incapable. This is in Montana.

Anthony M. Avery
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answered on Nov 15, 2023

Hire a MT attorney to search the title and determine heirship. Hopefully a recorded Affidavit of Heirship will be your source of title. Someone has to pay taxes.

1 Answer | Asked in Civil Rights, Communications Law, Constitutional Law and Landlord - Tenant for Montana on
Q: My sister and I have been bullied by or pears and landlord for being a single over 50, Montana bread and born evon the c

Cops are involved.i herd a cop say to my x was we always catch people like her sooner or later.i don't know what he was talking about.my nabier and there kids shoot my animals and vehicles and home with are rifles.my car has several dents and scratches on the glass facing there yard.we also... View More

James L. Arrasmith
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answered on Nov 5, 2023

If you believe you and your sister are victims of harassment and your property has been damaged, you should document all incidents and report them to local law enforcement. Bullying and harassment are serious issues, and you have rights that protect you against such behaviors. Property damage and... View More

2 Answers | Asked in Car Accidents and Insurance Defense for Montana on
Q: I was in a accident with a friends vehicle. No one is injured but my insurance wants me to record a statement.

I slid out on ice and hit my friends car. I have never dealt with an insurance company before and I want to make sure I don't get taken advantage of. What should my course of action be?

Joel Gary Selik
Joel Gary Selik
answered on Oct 31, 2023

Your concern is warranted.

Your insurance policy likely requires you to give a statement. It is probably unnecessary for you to have an attorney but you can hire someone to be with you if you would like.

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1 Answer | Asked in Civil Rights, Gov & Administrative Law, Personal Injury and Native American Law for Montana on
Q: How do I find a lawyer from Montana who does civil actions against the federal government exhaustion of tort claim
James L. Arrasmith
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answered on Oct 23, 2023

To find a Montana attorney experienced in civil actions against the federal government following the exhaustion of a tort claim, consider the following steps:

1. The State Bar of Montana operates a Lawyer Referral Service which can assist in connecting you with a suitable attorney....
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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 Rights, Constitutional Law, Divorce and Family Law for Montana on
Q: Wife convicted attempted homicide two shots lever action gun hit once in stomach. Stems from asking for divorce civil

Suit what can it recover. Spent ridiculous amount on divorce already with no end. Wife is in Billings Montana prison. Had a prenup all retirement funds are froze need help

James L. Arrasmith
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answered on Oct 15, 2023

In cases of personal injury stemming from a criminal act, you may pursue a civil suit for damages. This can include compensation for medical expenses, pain and suffering, lost wages, and any other losses directly related to the incident.

With regards to the divorce, while the prenuptial...
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1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Montana on
Q: They're trying to charge me for a third DUI. The call was made to the dispatch from a guy who was selling us a truck

They took parts off the distributor cap so we can keep it running to move it. I went to go get gas and on my way back I was sitting at the light with a car in front of me and a car behind me. The cop turn onto the street from the light seeing me and immediately makes a u-turn almost wrecking the... View More

James L. Arrasmith
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answered on Oct 15, 2023

If you believe your rights have been violated during the arrest or subsequent legal proceedings, it's essential to discuss your concerns with your attorney and consider seeking a second opinion if necessary. Your attorney should work diligently to protect your rights and provide the best... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Montana on
Q: I am looking to see if I have a case for wrongful termination. I was trying to find a Pro-bono or advocate.

I have documentation and everything to back up my case, just want to know if it's worth it and if I have a case for this.

T. Augustus Claus
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answered on Oct 6, 2023

In Montana, wrongful termination claims often arise when an employee believes they were fired in violation of federal or state anti-discrimination laws, employment contracts, or other specific statutory protections. To determine if you have a viable wrongful termination claim, it's crucial to... View More

2 Answers | Asked in Trademark and Intellectual Property for Montana on
Q: Trademarks Sheepdog Up and Shaka Gear Both shown as abandoned. What is the process for our Corp to take ownership
David Aldrich
David Aldrich
answered on Sep 21, 2023

If an application for a mark is abandoned, you are free to just file your own application for that mark. If you are already using the mark in commerce, you can file a use application. If not, but you plan to in the near future, you can file an intent-to-use application.

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2 Answers | Asked in Real Estate Law and Construction Law for Montana on
Q: I did work on a commercial property. Owner is not paying

Owner took out a loan on his personal residence to help pay for the construction on commercial property. Can I lien the home as well as the commercial property?

Anthony M. Avery
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answered on Sep 20, 2023

You will need a MT attorney on this. Your materialman's lien would be filed only against the work you did on the commercial property. However you might be able to file the M & M Lien, then sue the customer for breach of contract. However defendant will argue you that an election of... View More

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1 Answer | Asked in Appeals / Appellate Law for Montana on
Q: Can I file a motion for a new trial in district court and a notice of appeal on the same day?
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answered on Sep 19, 2023

In Montana, you typically cannot file a motion for a new trial in district court and a notice of appeal on the same day in the same case. Filing a motion for a new trial generally extends the time for filing an appeal. The usual sequence involves filing a motion for a new trial within a specific... View More

1 Answer | Asked in Criminal Law, Personal Injury and Libel & Slander for Montana on
Q: In Montana, if a person doesn’t pay your $ back that’s owed, can you tell tell him you will expose a lie of his. Blckml?

Stepson solicits me to drive from MT to WY to do epoxy counters in his rental. Avoids paying back the $ for almost a year. I see he made a phony website with FOX logos with a phony article he wrote about himself and how his music is taking the northwest by storm, just so he could put on Facebook... View More

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answered on Sep 14, 2023

Threatening to expose truthful information, even if it may harm someone's reputation, is generally not considered blackmail. However, hacking into someone's Facebook and emails is a violation of privacy and can lead to legal consequences. If you believe you have been a victim of hacking,... View More

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