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Kansas Civil Litigation Questions & Answers
3 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Kansas on
Q: Civil lawsuit filed against me for accident with company vehicle; both company and personal insurance have full coverage. Should they handle it?

I was involved in an accident with a company vehicle. A civil lawsuit was filed against me, but the company vehicle had full coverage insurance, and I also had my personal full coverage insurance. I received the lawsuit yesterday and wonder if the company or the insurance companies should handle... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2025

Addendum - very important. A moment ago, I advised being responsive to communications from your attorney (assigned by your company's insurance carrier). To avoid any possible confusion, this DOES NOT apply to communications you receive from the OTHER attorney suing you. The opposite applies.... View More

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3 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Kansas on
Q: Civil lawsuit filed against me for accident with company vehicle; both company and personal insurance have full coverage. Should they handle it?

I was involved in an accident with a company vehicle. A civil lawsuit was filed against me, but the company vehicle had full coverage insurance, and I also had my personal full coverage insurance. I received the lawsuit yesterday and wonder if the company or the insurance companies should handle... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2025

A Kansas attorney could advise best, but your question remains open for a week. I'm sorry about your accident. I hope all involved are okay. Since insurance follows the vehicle, the logical starting point here appears to be with your company vehicle's policy. Your post does not mention... View More

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1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Communications Law for Kansas on
Q: I have filed a Protection From Stalking order in the State of Kansas and a temporary order has been granted.

The judge required that the defendant Cease and Desist mentioning me in any manner on social media posts, including YT. The defendant filed a motion to dismiss, stating that she has freedom of speech and can say whatever she wants. I need to file a response, but I have no idea how to respond. I am... View More

James L. Arrasmith
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answered on Jun 29, 2024

Your situation sounds challenging and concerning. Here's some information that may help you formulate a response:

1. Freedom of speech is not absolute: While the First Amendment protects free speech, there are limitations, especially when it comes to harassment, stalking, and...
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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Kansas on
Q: I was arrested for driving while suspended but my license is valid and has been. What do I do?

I was pulled over by an officer because he said I was doing 40 in a 25 but was approaching a 40 mph sign when pulled over, like 10 yards from it tops. The officer takes my ID and insurance and then comes back and said he was arresting me for driving while suspended. I told him I know I wasn't... View More

James L. Arrasmith
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answered on May 1, 2024

If your license was valid at the time of your arrest and remains so, you should first gather any evidence that confirms this status. This includes screenshots or printed confirmation from the state app showing your license was active and any related paperwork. It's also useful to have a record... View More

1 Answer | Asked in Civil Litigation and Internet Law for Kansas on
Q: What are the limitations for use of public information?

I am sure this is multifaceted but was wondering if things that are public information such as social media, active flight trackers, jail logs, etc. able to be misused? What are the limits to the public records act? I know for some records you must identify yourself and if you do not then records... View More

James L. Arrasmith
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answered on Feb 25, 2024

While public information such as social media posts, flight trackers, and jail logs are accessible to anyone, there are limitations to how this information can be used. Misuse of public information can occur when it is used in ways that infringe upon privacy rights, harass individuals, or violate... View More

1 Answer | Asked in Civil Litigation and Collections for Kansas on
Q: sued by a debt collector,sent certified letter for arbitration to court and attorney a month ago no response,what to do?

Shown up to court each time was rescheduled, next date in Jan

Took all proper steps before the arbitration letter, mo response from court or the debt attorney, should I just file with AAA since I'm not getting answer

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answered on Jan 1, 2024

If you've sent a certified letter requesting arbitration and haven't received a response from either the court or the debt collector's attorney, it's important to review the arbitration agreement to ensure compliance with its terms. Sometimes these agreements specify how to... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Kansas on
Q: Can I sue resees for beings addictive my husband wanted one so bad he stole a box and got 13 months in prison?

My husband is so unbelievably addicted to reeses candy that he felt the need to steal a box of them to fill his cravings and got 13 months in prison for it.

James L. Arrasmith
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answered on Dec 10, 2023

In Kansas, as in other states, the possibility of suing a company like Reese's for the addictive nature of their product is complex and challenging. The success of such a lawsuit would depend on various factors, including proving that the product is inherently addictive and that this addiction... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Kansas on
Q: What is the public law as it relates to elected representatives, does a voter have the right or ability to engage with?

I am openly expressing my disagreement with an elected individual and currently have two ongoing lawsuits against them regarding their official role in preventing constituents from accessing government-designated social media pages. The day after the elected individual's attempt to have the... View More

James L. Arrasmith
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answered on Dec 5, 2023

In the context of public law and the rights of voters to engage with elected representatives, it’s important to understand the balance between free speech and harassment or stalking laws. As a voter, you have the right to express disagreement and criticism of public officials, especially... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Kansas on
Q: Liability for removing overhanging tree possibly destabilizing neighbor's tree.

I have a neighbor's tree that overhangs onto my property, including my storage shed and power line, and poses a risk to my house. The neighbor has refused to address the tree removal. A tree professional expressed concerns that removing the overhanging portion might destabilize what remains on... View More

James L. Arrasmith
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answered on Jun 12, 2025

You’re generally allowed to trim branches and roots that cross onto your property, but that right comes with a responsibility to avoid causing unnecessary harm to the neighbor’s tree. If a professional has warned that removing the overhanging portion could destabilize the entire tree, that... View More

1 Answer | Asked in Civil Litigation and Employment Law for Kansas on
Q: Cheque bounced as account is closed and no funds

I have given a cheque to my friend, but it is getting bounced since there are no funds, and the account is closed. No legal notices have been initiated, and I haven't made arrangements with the bank or my friend regarding this issue. What should I do in this situation?

James L. Arrasmith
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answered on Jun 12, 2025

This is a serious situation, and it's good that you're taking a step to address it before it gets worse. A bounced cheque due to a closed account and insufficient funds can lead to both legal trouble and loss of trust. Even if your friend hasn’t taken legal action yet, they still have... View More

Q: Standing to sue in Missouri for child's injury and med mal with Kansas CINC impacting parental rights?

Will I still have standing to bring lawsuits in Missouri for the injury and medical malpractice of my 5-year-old child if my parental rights are terminated by the state of Kansas? Specifically, my child was left paralyzed after a pit bull mauling, and there was unauthorized medical treatment by a... View More

James L. Arrasmith
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answered on Jun 11, 2025

I'm truly sorry you're going through this—no parent should have to face the pain of a child's serious injury while also dealing with legal uncertainty about their parental rights. What happened to your child is heartbreaking, and it’s understandable that you want to seek justice... View More

1 Answer | Asked in Contracts, Landlord - Tenant, Civil Litigation and Real Estate Law for Kansas on
Q: Brother moved my vehicle to road, it got towed. What can I do?

I left my vehicle on my brother's property, and without letting me know, he moved it onto the road where it was subsequently towed. I didn't have any agreement with him about this, and I'm only finding out now. What can I do in this situation?

James L. Arrasmith
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answered on Jun 11, 2025

Since your brother moved your vehicle without your consent, you can start by talking to him directly to understand why he moved it and to ask for help retrieving it or covering towing fees.

If the vehicle was parked legally on his property but moved onto the road and towed, the towing...
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1 Answer | Asked in Banking, Contracts and Civil Litigation for Kansas on
Q: Type of attorney needed for co-signer removal due to non-payment.

I'm trying to help a friend who is a co-signer on a vehicle loan. The primary borrower has not been making payments, resulting in a repossession notice from the bank. My friend cannot afford to make the payments, and attempts to get the primary borrower to pay on their payday have failed. The... View More

James L. Arrasmith
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answered on Jun 10, 2025

Your friend is in a tough spot, and it's understandable to want guidance before things get worse. Being a co-signer can feel like having all the risk and none of the control, especially when the primary borrower fails to meet their responsibilities. Unfortunately, most lenders won’t just... View More

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Kansas on
Q: I paid a business for ceiling insulation but received drywall installation instead. What are my options for rectifying this issue?

In June 2024, I hired a business to insulate my ceilings with blown-in insulation. However, they removed a drop ceiling and installed drywall only, which was not what I agreed upon. I've contacted them multiple times offering a chance to rectify the issue by doing one room at a time (3 rooms... View More

James L. Arrasmith
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answered on Jun 7, 2025

You’re dealing with what sounds like a breach of contract. If you have written documentation—like a proposal, invoice, or messages—that clearly states the agreement was for ceiling insulation and not drywall installation, that will help support your case. Even if the company claims your... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Personal Injury for Kansas on
Q: What type of attorney is needed for a dog hit-and-run case in Kansas?

I'm seeking legal advice regarding an incident where our dog was run over. The driver said he would take our dog to a vet, but he didn't follow through and hasn't provided information on what happened or where the dog is located. We reported the situation to Animal Control, but they... View More

James L. Arrasmith
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answered on Jun 5, 2025

I’m sorry to hear about what happened to your dog and the uncertainty you’re facing. That must be really stressful and upsetting.

You will want to reach out to an attorney who handles cases involving pets as property and driver negligence. In Kansas, pets are considered property under...
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1 Answer | Asked in Probate and Civil Litigation for Kansas on
Q: Am I responsible for my deceased husband's debt in Kansas?

I received a bill in the mail that was solely in my deceased husband's name. He left no will, and everything he had was left to me, his wife. I've contacted the billing company twice by mail and faxed his death certificate. Do I still have to pay this bill since it was only in his name... View More

James L. Arrasmith
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answered on May 15, 2025

You are not personally responsible for your deceased husband's debts in Kansas if the bills were solely in his name and you didn’t co-sign or agree in writing to be liable. When someone dies, their debts are typically handled through their estate, and creditors can only seek repayment from... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Kansas on
Q: How can I address water damage from neighbor's property runoff legally?

I own a house that is suffering water damage due to runoff from my neighbor's property. Despite discussing the issue with my neighbor, who rents, and making efforts to fix her downspouts and clean her gutters, the problem persists. I've had several companies provide estimates for repairs... View More

James L. Arrasmith
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answered on May 15, 2025

You're dealing with a frustrating and costly situation, and it’s understandable to want answers and support. When water runoff from a neighbor’s property causes damage to your home, most states—including yours—follow a version of the “reasonable use” rule. This means a property... View More

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Kansas on
Q: Buyer hasn't completed payment for car, ignoring my messages. Can I report car stolen?

I sold my car to a person who paid me $400 cash and was supposed to pay an additional $450 via PayPal. We had a written agreement regarding this payment. He claimed to have issues with his PayPal but assured me he would pay once resolved. However, it's been two days, and he has not paid and is... View More

James L. Arrasmith
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answered on May 14, 2025

Since you haven’t transferred the car title yet, legally, you still own the vehicle. Because of this, you generally cannot report the car as stolen just because the buyer hasn’t completed payment. The buyer has possession, but without ownership rights, it’s more of a civil issue than a... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Small Claims for Kansas on
Q: How to obtain a car title after it was stolen and seller stopped responding?

In October 2024, I purchased a car, but that night the car was broken into and the title was stolen before I could register it in my name. I have messages with the seller and a receipt for part of the payment via electronic transfer. I've filed a police report, but the case was closed without... View More

James L. Arrasmith
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answered on Apr 15, 2025

That’s an incredibly frustrating situation, especially when you’ve done everything right on your end. Since you’ve already filed a quiet title action, that’s a solid step toward gaining legal ownership. But if the sheriff’s office is trying to serve the summons to you instead of the... View More

1 Answer | Asked in Health Care Law and Civil Litigation for Kansas on
Q: Dismissed from pain clinic due to false positive methamphetamine test, seeking to fight it.

I had a false positive for methamphetamines which led to my dismissal from a pain clinic, despite the lab's suggestion that another test should have been conducted. The clinic refused to consider the possibility of a false positive, even though I presented documentation detailing my 9-day... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s unfortunate that your situation with the pain clinic has led to a dismissal, especially after a false positive test result. The first step is to gather all the medical documentation you have, including the records from your hospital stay and any related tests or treatments that could explain... View More

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