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North Dakota Collections Questions & Answers
1 Answer | Asked in Collections for North Dakota on
Q: I have been "sued" by a debt collector but they didn't file with the court, they only served me. Is something off?

I received a Summons and Complaint for District Court in ND from a debt collector alleging I owed a debt. When I presented to the district court to file my declaration of service on the plaintiff, my affidavit of service, and Answer I was told the court had no record of the suit. The debt collector... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 5, 2021

Hard to tell. In North Dakota, you can serve a lawsuit and file it later. So you could be sued before the person or company suing you files it with the court.

1 Answer | Asked in Collections and Probate for North Dakota on
Q: If a family member dies what happens to their debt

An insurance company is asking a settlement amount for a family member who is on their deathbed. If the settlement isn’t paid they will be sued for the full amount. If they die what happens to that debt?

Lucas Wynne
Lucas Wynne answered on May 5, 2018

They may make a claim against the estate.

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Constitutional Law for North Dakota on
Q: On 02/15/2018 my paycheck was garnished in the amount of $430.

I was never notified by my employer nor the company that put a judgement against me. The company is located in Las Vegas, Nevada. I have been a resident of Minot, North Dakota for 3 years. On 02/23/2018 I went down to talk to Human resources and they told me that the garnishment has been... Read more »

Lucas Wynne
Lucas Wynne answered on Mar 2, 2018

You hire a lawyer who deals with debt collection issues for consumers and see if they can get your money back.

1 Answer | Asked in Family Law, Child Custody, Child Support and Collections for North Dakota on
Q: how do I stop child support for a child that has been living on his own for 2 yrs, outside of PR?

Mom has been receiving the money and hasn’t given my son any of it. He has been living in North Dakota for 2 yrs, supporting himself. How can I stop the child support (close the case) and can I sue his mother to get back the money that belonged to taking care of him.

Michael David Siegel
Michael David Siegel answered on Feb 21, 2018

Bring an application in the court that entered the order.

1 Answer | Asked in Collections for North Dakota on
Q: My wife has severe mental health issues. Her doctor bills are more than we can pay.

I also have serious health issues. Acollection agency is threatening wage garnishment. what can we do?

Lucas Wynne
Lucas Wynne answered on Feb 17, 2018

The way I see it, you likely have three options: get on Medicaid, declare bankruptcy or both. Although I am not a bankruptcy lawyer, bankruptcy can actually be helpful to many low-income people who find themselves with a stack of bills they are unable to pay.

2 Answers | Asked in Car Accidents, Civil Litigation and Collections for North Dakota on
Q: My son damaged a vehicle while at school. What is my responsibilities and what are my rights in the matter?

My son damaged a vehicle while at school. I wasn't informed till the next day. I was told i wouldn't have to pay anything. Few days later I received a letter from the insurance company and they want $1500 and that if i dont pay they’ll take my drivers license. Never received a call... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 29, 2017

Send a polite but crisp letter asking them to provide proof of the damage. However, if you have homeowners or vehicle insurance you will want to hand this over to them. If your son did the act, you may wish to consider talking to a therapist/counselor about how to appropriately discipline your son... Read more »

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1 Answer | Asked in Collections for North Dakota on
Q: I got a summons/complaint delivered to me by the sherriff that looks like it was not filed with the court system.

Is there any steps I need to do? I dont know where or how to answer it. Is it worth calling them to negotiate? Its a hight enough amount that I will declare bankruptcy unless they would settle for like 10%. Please advise

Lucas Wynne
Lucas Wynne answered on Dec 28, 2017

No attorney can advise you without an attorney-client relationship being formed. In North Dakota, they are not required to file when they serve you.

1 Answer | Asked in Collections for North Dakota on
Q: Can I take someone to court for owing me money and has refused to pay. I have all the proof for the money they owe me.
Lucas Wynne
Lucas Wynne answered on Jul 6, 2017

Yes, go to small claims court.

1 Answer | Asked in Estate Planning, Civil Litigation, Collections and Probate for North Dakota on
Q: Dad died 15 months ago in ND and step mom died this month. no children together. Next of kin is? Her mom is alive but 90

They had no children together but married over 20 years. Step moms mother is alive but is 90 and lives in nursing home (possibly mentally incompetent) . She has no birth or legally adopted children and no will or trust. Who is her next of next of kin?. Since its going to probate could i contest and... Read more »

Jim Ed "Jed" Franklin
Jim Ed "Jed" Franklin answered on Feb 6, 2017

Your question is missing some important information, feel free to contact me via email so I can better answer it. But generally, you should have some interest in your father's estate, though it sounds like there is not much in it. If so, then the "spousal share" may eat up all of... Read more »

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