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Questions Answered by Lucas Wynne
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 DUI / DWI for North Dakota on
Q: 2nd dui. 2 year suspension. 1 yr down. Can I get points off to lift restriction?
Lucas Wynne
Lucas Wynne answered on Oct 5, 2021

A defensive driving course can take points off your license. However, this will not get your DUI-related suspension reduced. Your best bet may be to get a temporary restricted license while you're waiting to be eligible for renewal.

1 Answer | Asked in Consumer Law for North Dakota on
Q: Does Walmart need probable cause demand my receipt as I am walking out the door?

The only thing I could find in the century code was If you set off the electronic detection, that is probable cause. If I have been thru the checkout, paid for all my Items. the items and receipt are now my personal property. Any involuntary search without probable cause should not be legal,... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 5, 2021

No, probable cause is a standard for law enforcement rather than Walmart employees. Further, probable cause is the standard to make an arrest or obtain a warrant. In your scenario, neither is occurring. The phrase you might be looking for is "reasonable suspicion."

1 Answer | Asked in Uncategorized for North Dakota on
Q: How can i get a restraining order in ND? Ive been physically assulted by 2 girls and i don't know what they be charged a

I had 2 girls making treats to hurt me and i barely know them. Two days ago they have jumped at me and i have been physically assulted harassed and stalked. I dont know when prosecutor will charge them but i would like to file a restraining order and i dont know first girls full name or any... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 5, 2021

You should file a police report. If there is a criminal case filed against them or a juvenile case, it will likely come along with an order prohibiting contact. Otherwise, you'd need to go to the courthouse and request a restraining order.

1 Answer | Asked in Child Support for North Dakota on
Q: How can you stop child support in North Dakota, if both parties financially care for the child and don't want it?
Lucas Wynne
Lucas Wynne answered on Oct 5, 2021

The answer is that you can only completely do away with child support if the parents have equal residential responsibility of a child and incomes which result in a child support obligation of $75 or less and you are granted court approval. Otherwise, the only way to get anywhere not having an... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for North Dakota on
Q: I was racially profiled at a hotel and accused of selling drugs and the manger allowed a warrant to be used to come

Detain me and destroy my property not to mention no drugs where found or evidence that drugs were being sold i actually had an officer tell me that was profiled because of where I was from and how I looked can I take any legal action towards this ?

Lucas Wynne
Lucas Wynne answered on Jan 9, 2021

You need an attorney to make a motion on the issue in the criminal case

1 Answer | Asked in Criminal Law for North Dakota on
Q: If the search warrants are quashed,should you still be charged or should it have been dismissed
Lucas Wynne
Lucas Wynne answered on Jan 9, 2021

This is highly dependent on what other evidence exists.

1 Answer | Asked in Child Custody and Child Support for North Dakota on
Q: Does a father have as much custody as the mom without going to court yet? In ND.

The mother wont let the father see his daughter. The mother moved to a different town farther from him and she is denying him his rights to see her. No court order has been made yet but she hasnt talked to him since July and she ignores every message she sends him. She also has him blocked on... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Without a court order, neither has many rights (if any) at all. Time to file a custody proceeding.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: My ex husband and i have a parenting plan in place and he has not followed any of it. Can i have court change it?

We agreed on parenting plan Dec.31 2019 and he has not attempted any visitation since october 2019. He has distubed my sons emotional wellbeing and.development with his actions towards him. We have tried contacting him via phone and he either ignores us or hangs up. There has been no attempts to... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

This question is too hypothetical. A court, however, certainly has the authority to issue an order.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Is it legal to use a fake non-government ID to verify your identity on Facebook?

For a personal-use account that is not being used to defraud, bully, or stalk. Currently there is no way to use a pseudonym on Facebook regardless of reasons (victim of stalking/domestic violence, trans, or just people that don't use their legal surname online.) Public/Private Library Card,... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

No

1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: Can i sue my last landlord for $2000 payment we agreed upon for moving out early and can i get interest for late payment

We recently moved out of a duplex due to the place being sold by the landlord and the new owner wanted to live in the basement where we were living, we agreed to break our lease and move out for a payment of $2000 as well as our security deposit back as long as no damages occured. we got the... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Likely, get a lawyer.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: What is the time limit for any dog to be outside in minus degree weather in North Dakota ? 24/7
Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

I am unaware of any such law. However, you could likely find yourself with an animal abuse charge for keeping a dog out in cruel conditions.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: Calif License, in North Dakota citied for doing 75 in a 65. Best way to get ticket dismissed, insurance cant find out.
Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Insurance can find out before any judgment is rendered on the ticket, so you're out of luck there. Best way to get the ticket dismissed is to challenge it if they, in fact, cannot prove you were speeding.

1 Answer | Asked in Child Support, Securities Law, Social Security and Tax Law for North Dakota on
Q: Is there a legal way to be exempt from paying tax? Also a legal way to cash out all of your social security?

I want to be able to have money for my retirement or to leave to my children when I pass away with the New president election for 2020 im afraid I will loss all the money put into my social security over the years and im not willing to risk that because are new president wants to change are... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Although you cannot avoid taxes, you may want to look into trusts in South Dakota.

1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: I received a text message from my landlord that he was having a crew come in to clean up the yard.

He said that we had until then to get anything we wanted to keep taken care of. I looked out the window about a half an hour later to see there was one of his workers out there. I text him saying that he gave us until the next day. He replied by saying that he was just there to pull weeds. I left... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Sue him in small claims court.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Can I move back to Minnesota with my kids after 2.5 months living here?

My boyfriend is the father of my two kids. We moved here 2.5 months ago. He had been sober but right after moving here started drinking again. We are not married and have no kind of custody agreement. His family is going to help me leave. Am I able to take the kids back to Minnesota legally?

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

No attorney can provide you specific advice on this situation without knowing more. Generally, however, no custody order means no rights have yet been established for either party.

1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Native American Law for North Dakota on
Q: Do I have rights to view business policies and privacy policies from say a tribal newspaper operations?

And is there a state law protecting the name of minors?

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

There is no such right bestowed upon you. Your second question is too vague.

1 Answer | Asked in Uncategorized for North Dakota on
Q: I received an email from Google today about my Google account is being subpoena. I don't really understand it.

Google has received a subpoena for information related to your Google account. This email serves as notice to you that Google may produce information in response to the subpoenas unless you make a formal objection in court, as described below.

The subpoena was issued by the Plaintiffs in... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

I will simplify it: a dude is suing Playitka and Caesar's Interactive Entertainment due to what is alleged to be the operation of an illegal online gaming operation. The subpoena is attempting to identify other people who may have lost money to this operation (e.g. you) to establish a class... Read more »

1 Answer | Asked in Criminal Law for North Dakota on
Q: I am being charged with Theft by deception. however, I did not deceive anyone or steal any property. I am being denied

A public because the court is under the impression that I make too much money. I am currently unemployed and have been for about a month. What advice do you guys have for me?

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

I have a million pieces of advice because I take 10+ calls like yours every day. Firstly, most people would prefer a private attorney over a public defender and I hope you don't learn that reality the hard way. Secondly, if this case is in North Dakota and you were denied a public defender by... Read more »

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: I am trying to get my nephew a legal aid lawyer so he can get custody of my niece. The Mother has just passed away.

The father is out of the picture. Will you please lead me in the right direction?

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

Sure! Firstly, your nephew needs to be making the calls rather than you. But the website you needs is legalassist.org, which is for Legal Services of North Dakota.

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