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Questions Answered by Lucas Wynne
1 Answer | Asked in Civil Litigation for North Dakota on
Q: I am in North Dakota and I decided to sell my 05 Honda Pilot but I had problem with the buyer and I repoed the car

I decided to help this girl and gave her a very deep slash on the price. The main reason I gave her such a price was that it would help her and it would honor my wife as i think she would approve, I had to speed up the sell and I asked her for $600 down and $400 to come and they agreed and I told... View More

Lucas Wynne
Lucas Wynne
answered on Apr 7, 2020

Sounds civil

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: If my dog bites a kid that came to him without permission or being warned that he has not been near kids is it my fault?

Hypothetical question. Was told by my brother and sister in law it would be my fault. My dog is a Sheltie and is very expressive before taking action also has not bitten anyone. I am concerned with how kids act around dogs and dont listen very well that I will have to put my dog, who is my ESD for... View More

Lucas Wynne
Lucas Wynne
answered on Apr 7, 2020

No attorney can predict the outcome of a case with accuracy. With that being said, if you knew these kids were coming towards your dog and the dog bites them, it sounds like you are the one most likely to lose in that situation because you already knew what was going to happen.

1 Answer | Asked in Criminal Law and Workers' Compensation for North Dakota on
Q: On traffic stop.How long must one wait if after not giving permision 4 car search for a canine cop to show 2 search car

Picked up for no blinker used my passenger sez he has a warrant, and tries to hide on floor under food containers.which didnt work for him to well. His warrant. Was for not appearing for drug paraphernalia charge in different county. They said because I wouldnt allow search and his history of drug... View More

Lucas Wynne
Lucas Wynne
answered on Apr 3, 2020

There is way too little information here to make a legal determination. If you are facing a criminal charge, you need a lawyer.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Advice on retail theft case

I am being charged with retail theft. I paid with my phone and the payment I found out later did not go through properly. This has happened to me in the past and when I realized it I came back to the store and paid without a problem .. I don’t want retail theft on my record when it was an... View More

Lucas Wynne
Lucas Wynne
answered on Apr 3, 2020

Hire a lawyer to prove your case.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: I got a dog from a friend that was asked by her friend( owner of the dog) to find her a new home -

2 months later her owner changed their mind and wants her back- can she legally come and take the dog since she didn't even look for it for over 2 months ? Does she need to pay me for the Vet Bills I had to pay to get the dog fixed and vaccinated?

Lucas Wynne
Lucas Wynne
answered on Apr 3, 2020

Dogs are property, it could likely be argued that she relinquished the property. Potential small claims court case.

1 Answer | Asked in Child Custody for North Dakota on
Q: Grandparent custody and moving the kids from North Dakota

My grandchildren are living in North Dakota with her father he has only had custody for 3 years prior to that they lived with my husband and I in Washington State. They are 13 and not happy or well taken care of by their father and stepmother there have been issues with physical and verbal abuse... View More

Lucas Wynne
Lucas Wynne
answered on Feb 4, 2020

If they have been living in North Dakota the requisite amount of time, then it may be time for a child custody proceeding to be initiated.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: Can the cops pull me over for any violation but ticket me for a different reason then why they stopped me

I got pulled over for expired tags. when they asked to search me I told them I had a knife on me. The cop said he ain't going to ticket me for why he stopped me but arrested me for misdemeanor weapon concealment charge. Was that legal?

Lucas Wynne
Lucas Wynne
answered on Feb 4, 2020

Maybe, it depends on the circumstances of the stop. Many lawyers, like myself, help individuals determine if their stop and arrest were legal.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Dakota on
Q: Mom and dad are in school together dad is 18 mom 16. Dose the father have same rights as mother to the new born baby

They have dated almost two years he was 17 she was 15. They are still in school. But the mother to the 16 year old won’t let dad see the baby .

Lucas Wynne
Lucas Wynne
answered on Feb 4, 2020

A father's rights are not there from the get-go. A child custody proceeding sounds necessary.

1 Answer | Asked in Divorce, Family Law and Child Support for North Dakota on
Q: If a court says they won't sign off on a child support agreement, what needs to be filed to correct?

My ex recieved a letter from the court stating that they would not sign off on the child support because its lower than the calculated amount

Lucas Wynne
Lucas Wynne
answered on Feb 4, 2020

You need to use the child support guidelines to calculate the correct amount and resubmit.

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: What happens if a defendant does not respond to custody papers? Does that mean default custody is given to the plaintiff

I have filed for custody of my son and the defendant has been served in the state of MN. If she does not respond after the 21 days given to respond, what is expected to happen then?

Lucas Wynne
Lucas Wynne
answered on Feb 4, 2020

A default judgment could occur in which you are awarded all that you have asked for in the complaint. However, the judge is still going to review that judgment to make sure the requests are compliant with the law.

1 Answer | Asked in Estate Planning for North Dakota on
Q: When I got divorced my ex and I lived in a house. In the divorce papers it says he can live there and maintain it.

When he sells it i would get half. He's in the process of selling. He probably doesn't remember that at all. My name is not on the deed and the house is paid for. I can get a quick deed. Do I remind him of the divorce papers or what?

Lucas Wynne
Lucas Wynne
answered on Feb 4, 2020

You remind him of the divorce papers. You then sue him for the money if he fails to turn it over. But I would suggest doing so quickly as a lawsuit is only as good as the money standing behind it.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: Am I able to dispute a ticket that I never received? It’s been 3 years and I’m now finding out about it
Lucas Wynne
Lucas Wynne
answered on Feb 4, 2020

There are some larger issues with a traffic ticket that old. Specifically, whether you have a warrant for that ticket and whether any evidence even exists anymore to prove or disprove the claim. As soon as the case is opened, yes, you could likely dispute.

1 Answer | Asked in Child Support for North Dakota on
Q: How can I pause child support? The father and I are living together and I no longer need child support.
Lucas Wynne
Lucas Wynne
answered on Feb 4, 2020

Child support is difficult to modify, but a stipulated order may do the trick if you are now residing in the same household and sharing expenses.

1 Answer | Asked in Family Law for North Dakota on
Q: Help? My daughter is almost 6 and hates to go to her fathers. I have primary residential responsibility.

At what age can a child skip a visit. If they just don't want to go? She goes there every other weekend for one night. We have been divorced for 4 years. What is the ND laws on this?

Lucas Wynne
Lucas Wynne
answered on Jan 10, 2020

The court order must be followed. Skipping court ordered visits is likely to result in very serious problems, including giving the other party potential grounds to modify the order.

1 Answer | Asked in Contracts, Domestic Violence and Landlord - Tenant for North Dakota on
Q: I am trying to find case law on a specific statute. NDCC 47-16-17.1. but am struggling with research on this.
Lucas Wynne
Lucas Wynne
answered on Nov 1, 2019

Sorry, but this is not a question. Get more specific and try again!

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: I got speed ticket at grand Forks North Dakota do I need lawyer for the this ticket? My point goes up.
Lucas Wynne
Lucas Wynne
answered on Nov 1, 2019

A speeding ticket only? A lawyer may be a bit overkill in terms of price.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: I was asked to care for a dog of someone who was evicted from their home. I was told that the owner of the dog would be

bringing me the paperwork to change the chip info on the dog. This request was made on behalf of the owner who also had 4 pit bulls placed with a rescue during this same incident. The owner, in possession of all my contact info, employment and knew where I lived, never showed, never called or... View More

Lucas Wynne
Lucas Wynne
answered on Oct 23, 2019

Yes, but you may be able to sue them for expenses in caring for the dog.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Does absconding while on bail change your future court dates

I'm also on parole .. and am doing intermediate measure right now

Lucas Wynne
Lucas Wynne
answered on Oct 23, 2019

Yes - but not in a good way. The judge will kick your dates back because you're not there, likely hold you in contempt and revoke you on anything outstanding, and you may be charged with additional crimes for absconding. I've helped a good number of people figure out their court date... View More

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: I was engaged to a girl for 12 years we broke up but stayed roommates today she flew to Utah and took my dog

I just want my dog back

Lucas Wynne
Lucas Wynne
answered on Oct 23, 2019

The dog is property. You may have to go to the police station and report that she stole your dog, then see if they issue a warrant. They may tell you they're not interested in helping you, in which case you will need to file a lawsuit for the dog in the state where the property (the dog) is... View More

1 Answer | Asked in Divorce for North Dakota on
Q: Can my wife keep all the money from a joint mortgage after a divorce?

We are selling our place and she says only one can claim the joint mortgage and she gets to keep all what's left

Lucas Wynne
Lucas Wynne
answered on Oct 23, 2019

This question cannot be answered here as it is highly dependent on the judgment itself.

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