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Nebraska Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Land Use & Zoning, Public Benefits and Real Estate Law for Nebraska on
Q: Nebraska cattle trail, easement how to document and liability of damages

Use over 50 years, no access and consent withdrawn.

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

If there is a valid easement, then normal use pursuant to the legal easement may be allowed, even if it does create some normal wear and tear (to some extent). If you want to get rid of a valid easement, you may have to buy the rights, the same as you would other types of real estate interests.... View More

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Nebraska on
Q: How to get dog back on protection order even know the pet did not resign on the property of the petitioner

What form(s) to file

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

In Nebraska, the protection order can include a pet. Once you are served with the protection order, you need to promptly file a request for hearing. At the hearing, you can present your evidence regarding your ownership of the pet and ask for the pet to be returned, along with otherwise refuting... View More

2 Answers | Asked in Civil Litigation, Family Law, Child Custody and Civil Rights for Nebraska on
Q: Ex mother in law took daughter night baby mama was arrested. I went to go get daughter and there is a trespassing order

August 31st baby mama was arrested for multiple charges. My ex mother in law took my daughter. I haven't seen my daughter in 4 months. Ever since baby mama went to jail I've been trying everything and anything. Law enforcement is no help what so ever. All they tell me is that it's a... View More

Julie Fowler
Julie Fowler
answered on Sep 10, 2024

From what you describe, it sounds like you need to file a custody action asap. This is a type of civil action. The longer you wait to file the action, the harder your case becomes. When you file your custody action, then the Judge gets to decide who should have custody of the child. A... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Nebraska on
Q: Can the county attorney office ignore me and destroy my weapons that were in a friend's safe that was raided? I want my
Julie Fowler
Julie Fowler
answered on May 23, 2024

It depends on why the County Attorney is denying the request. See Nebraska Revised Statute Section 29-820 for some examples of when the firearms are required to be destroyed under Nebraska law once no longer needed as a part of evidence in a criminal case. If such is the case, you don't have... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Nebraska on
Q: Can the county attorney office ignore me and destroy my weapons that were in a friend's safe that was raided? I want my
James L. Arrasmith
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answered on May 19, 2024

If your weapons were seized during a raid on your friend's safe, the county attorney's office has a responsibility to follow proper legal procedures. They cannot ignore you or destroy your property without due process. You have the right to be notified and to challenge the seizure.... View More

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1 Answer | Asked in Business Law, Civil Litigation, Immigration Law and International Law for Nebraska on
Q: I have a business registered in America, is there a way I could bring my girlfriend through that?

Trying to bring a foreigner through a registered American business

James L. Arrasmith
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answered on Mar 11, 2024

If you have a business registered in the United States, you may be able to sponsor your girlfriend for a work visa, depending on the nature of your business and her qualifications. Here are a few potential options:

1. H-1B visa: If your girlfriend has a bachelor's degree or equivalent...
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1 Answer | Asked in Civil Litigation for Nebraska on
Q: I purchased a truck from a private owner that we both signed a bill of sale. He still has not sent the title.

He still had a loan on the truck and said he’d pay it off with the money I gave him and send the title in the mail. It’s been 30 days and still nothing I haven’t been able to reach him the past week.

Julie Fowler
Julie Fowler
answered on Feb 19, 2024

If you had a contract regarding purchase of a vehicle and the other party is not fulfilling their part, you may need to bring a breach of contract action against the other party if unable to resolve on your own. If the dollar amount is low enough, you could bring the action in Small Claims Court.... View More

1 Answer | Asked in Contracts and Civil Litigation for Nebraska on
Q: I loaned a friend 5000.00 for 6mos and he is to pay back 6000.00 it's been a yr now and I need my money back I do have a

Written agreement signed by both of us plus he signed his truck title and gave to me for catallol can I repo the truck since he breached our contract or what can I do this will take place in nebraska

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Your options depending on whether you followed the legal formalities to register and properly document your secured collateral/lien on the vehicle. If you did, then you have the remedies available to other secured creditors, which can include repossession. If you did not follow the legal... View More

2 Answers | Asked in Civil Litigation and Contracts for Nebraska on
Q: I have money and my girlfriend doesn't. She wants a new car.

She wants a new BMW. I can pay cash for it. What is the best possible way to protect my assets in case our relationship fails or she's crashes the car and kills someone? Should I title it in her name and just put a lien on it or can I leave it in my name. I plan on giving her a "personal... View More

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

There are a number of options. One commonly used method is to offer a vehicle loan and have the vehicle as the secured collateral for the loan. You need to file the same requirements as to registering your loan and the paperwork as do other secured lenders. You would be subject to the same... View More

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2 Answers | Asked in Civil Litigation and Civil Rights for Nebraska on
Q: Are places allowed to ban you from coming back IF the pharmacy you go to is in the building? Is there a work around?

The context is that I went to a store for a money order. Staff are horrible with noticing people at customer service. Typically when it's like that, I will look around the store and think of if I need anything. Which, staff were glaring at me. After getting the money order, I get some stuff... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

So long as the reason is not discriminatory, a private place of business can ban you from entering their premises. You can speak with management to see if they will un-ban you or if there is another work around. There are also options like delivery and mail order pharmacy depending on the... View More

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2 Answers | Asked in Civil Litigation and Civil Rights for Nebraska on
Q: Are places allowed to ban you from coming back IF the pharmacy you go to is in the building? Is there a work around?

The context is that I went to a store for a money order. Staff are horrible with noticing people at customer service. Typically when it's like that, I will look around the store and think of if I need anything. Which, staff were glaring at me. After getting the money order, I get some stuff... View More

James L. Arrasmith
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answered on Dec 29, 2023

In Nebraska, as in most states, private businesses, including stores with pharmacies, generally have the right to refuse service or ban individuals from their premises. This can be for various reasons, as long as it's not based on discrimination against a protected class under civil rights... View More

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1 Answer | Asked in Bankruptcy, Consumer Law, Civil Litigation and Collections for Nebraska on
Q: How doninappeal and stop my replevins order?

I was never served. Bank changed attorneys and didn't notify me. I missed court date

James L. Arrasmith
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answered on Dec 11, 2024

Under California law, you have options to challenge a replevin order, even if you weren't properly served. Missing a court date due to improper notice or service can be grounds for setting aside the judgment.

Your first step should be filing a motion to vacate or set aside the replevin...
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1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Nebraska on
Q: Hello A minor child seriously injured when a Syrian student backed out from a drive. The man recently licensed

Deported . Student visa was not valid.

Due to child’s injuries.. there was immediate need for hospitalization and many surgeries thereafter

My question, I have located this man and want to pursue legal action,

I was informed years ago that it would be extremely... View More

James L. Arrasmith
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answered on Sep 1, 2024

It sounds like you’ve been dealing with a very difficult situation for a long time, and it's understandable that you want to seek justice for the child’s injuries. Since you've managed to locate the individual, the first step would be to consult with a lawyer who is experienced in... View More

1 Answer | Asked in Employment Law and Civil Litigation for Nebraska on
Q: Can two company's that holds my pension plan that iv tried for 7 years to receive juggle my plan back and fourth

For 7years my dad has been getting jerked around between two company's about his pension he is suppose to be enjoying his retirement and was suppose to have boughten a home closer to grandkids and had plans for investments but all that is out the window now ,he now is living off ssi and never... View More

Julie Fowler
Julie Fowler
answered on May 9, 2024

If the pension is through a union, a union representative may be helpful in figuring out why the pension is not being paid and what else needs to be done to get into pay status. He can request and review the plan documents to make sure that he meets the eligibility requirements and has completed... View More

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Nebraska on
Q: Is there a way to get money I put into a joint account back?

My bank and mom said I wasn’t allowed to have the money I put into that account back.

T. Augustus Claus
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answered on Nov 9, 2023

joint account holders have an equal interest in the funds in the account, regardless of who deposited the money. This means that you have a right to withdraw your money from the account, even if your mom doesn't want you to.

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Health Care Law for Nebraska on
Q: My ex sent me bills for our daughter and I paid them. She did not include discounts. Can I file fraud charges?

I was billed $3600 and told that financial assistance wasn’t available and that the total was including insurance discounts. After reaching out to the hospital it was determined the total was roughly $400 and she didn’t even make a single payment. Now she’s taking me to court for contempt... View More

Julie Fowler
Julie Fowler
answered on Jul 25, 2023

If you feel a crime has been committed, you could try filing a police report but it would be up to law enforcement/prosecutor whether the circumstances meet the criteria for the State to be willing to file criminal charges. Sometimes if they feel the matter may not meet the criteria and could be... View More

1 Answer | Asked in Civil Litigation for Nebraska on
Q: If I forget my keys in my car and it is stolen can I get a ticket for leaving them ?

answer via email if you can please

Julie Fowler
Julie Fowler
answered on Jul 1, 2023

It generally isn't illegal to leave your keys in the car by accident. However, it could be under certain facts. For example, certain forms of insurance fraud. There also may be a civil liabilty component if you are seeking compensation for your stolen vehicle. You should consult with an... View More

1 Answer | Asked in Constitutional Law and Civil Litigation for Nebraska on
Q: Can a munipality legally engage in a civil lawsuit against a church ?

The city attorney for the city of north platte has pursued a lawsuit against a church to the point of obtaining a court order to demolish the church owned building due to surface damage to the church done by vandals removing siding and poking holes in the material under the siding. The church... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is possible for a municipality to engage in a civil lawsuit against a church, just as it is possible for any entity to engage in a civil lawsuit against another entity. However, whether the municipality's actions are legal and appropriate would depend on the specific facts and circumstances... View More

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Nebraska on
Q: Want to know if I will be fined for a lapse of insurance or home owners insurance in the state of Nebraska.

I am changing companies and have been told that I have to have continuous coverage on my auto and home insurance. Is this correct for the state of Nebraska?

Julie Fowler
Julie Fowler
answered on Jan 10, 2023

You have to have "proof of financial responsibility" for your vehicles, which for most people, means that they have to have vehicle liability insurance (auto insurance) on the vehicle at least at the statutory minimums at all times. There are some exceptions that you can read about on... View More

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Nebraska on
Q: I won a small claims case for the return of my dog…I don’t want money…what now

What can I do now to get my dog back?? The judge said after the deadline he would have to pay me…

Julie Fowler
Julie Fowler
answered on Dec 29, 2022

Small claims actions are generally for money judgments. If you want other relief, such as return of property (like a dog) instead of money, then you may need to file a different cause of action outside of small claims court. However, if you are took the case to trial and the judge awarded you... View More

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