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Questions Answered by Nicholas Nelson
1 Answer | Asked in Civil Litigation for North Dakota on
Q: If a case is dismissed without prejudice, how long does the plaintiff have to refile? Is there a "statute of limitation?
Nicholas Nelson
Nicholas Nelson answered on Feb 9, 2018

North Dakota statute of limitation is often one or two years. Generally, the plaintiff may refile as long as the case is refiled before the statute of limitations has ran.

This is general legal information, and I am unable to render adequate legal advice without discussing at length the...
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1 Answer | Asked in Federal Crimes and Sexual Harassment for North Dakota on
Q: sexual assault

My fiancé is being charged with this right now but they don't have anything other than he said she said what will happen I need help or advice to help understand what's going to happen

Nicholas Nelson
Nicholas Nelson answered on Feb 9, 2018

There are too many unanswered questions to render any legal advice. "He said, she said" testimony may or may not be admissible in court proceedings. Statements by the defendant, your fiancé, are likely to be admitted into evidence, and testimony by the alleged victim may or not be... Read more »

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Can father of child keep child away from mother without any contact or court order in court
Nicholas Nelson
Nicholas Nelson answered on Feb 9, 2018

NDCC 14-09 deals with parental rights. Generally, both parents have rights unless otherwise ordered by the court. More information is needed to render any further legal advice. Good luck!

1 Answer | Asked in Civil Rights and Landlord - Tenant for North Dakota on
Q: Over 6 months ive received 3letters for a non renewal of my lease is this discrimination?

Everytime there has been an issue i have taken care of it. Ive lived here since 2015 and never had a problem until new manager came. then the last 6 months on three seperate occasions i have revieved a letter for a non renewal of my lease. I asked why she gave me a reason and i resolved it every... Read more »

Nicholas Nelson
Nicholas Nelson answered on Feb 9, 2018

There is not a specific North Dakota statute that requires a landlord to renew your lease. Generally, a tenant's best chance to challenge the refusal to renew is if the refusal to renew was based on discrimination. There could be a chance to prevent a refusal to renew if it is on public... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for North Dakota on
Q: Can you make your own child support agreement In the state of North Dakota? If both partner agree to the terms?
Nicholas Nelson
Nicholas Nelson answered on Feb 9, 2018

Parties may stipulate to child support in a contract the parties drafted themselves, but as Attorney Wynne indicated, a Court must still sign off on it. Generally, a Court is likely to sign off on the stipulation if the terms are fair and are in the best interest of the child. I hope this helps!... Read more »

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1 Answer | Asked in Personal Injury for North Dakota on
Q: My 7 year old son nearly drowned in a half frozen retention pond a couple days ago. Would anh attorneys take this case?

Our property management put a retention pond right on the side of our condo (neighbors side) and directly across from our neighborhood park. They have no signs or fence. My son was playing street hockey with a large group of neighbor kids when a group decided to climb a snow hill, my son slipped... Read more »

Nicholas Nelson
Nicholas Nelson answered on Jan 2, 2018

Yes, I believe you could find an attorney to take the case. It may fall under the legal claim of an "attractive nuisance". Seek and attorney on this issue.

1 Answer | Asked in Child Support for North Dakota on
Q: I have 2 children one is not my ex husbands does it effect child support?

I have 2 children one of them is my ex husbands, the second was born while i was still married but is not his, can i be denied child support for my oldest who is his because my 2nd child isnt his but the state is saying my 2nd is his because i was still married even though ive expressed shes not.... Read more »

Nicholas Nelson
Nicholas Nelson answered on Jan 2, 2018

Each minor child is entitled to child support. Generally, whether you were married when the child is born is merely a factor for the court to consider. The court will also consider whether a person other than the paternal father held out the child as his own child and acted in the capacity as... Read more »

2 Answers | Asked in Child Custody and Child Support for North Dakota on
Q: How do you get the court to drop child support when you didn't know the child was yours? Cause the mother lied

I believe it's unfair to the father. The mother didn't know who the father was but now the state coming after you for child support and you didn't even know

Nicholas Nelson
Nicholas Nelson answered on Jan 2, 2018

In general, a child support order may be modified periodically. The court may consider whether another person has acted in a parental role and held out the child as his own. If would also be relevant what the child's age was when you were made aware of the child and that it is yours.... Read more »

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1 Answer | Asked in Contracts, Agricultural Law and Business Law for North Dakota on
Q: I was notified via email that I am being sued. I haven't been served yet. Does the email count as being served?

This is a commercial contract litigation for food product deliver and wrongfully rejected after 2 months of delivery. Should I wait till I get served? The case is filed in North Dakota and I am in Canada. Please advise best course of action.

Nicholas Nelson
Nicholas Nelson answered on Dec 18, 2017

There are certain ways that service must be made in North Dakota, outlined in North Dakota Rules of Civil Procedure Rule 5. Good luck!

1 Answer | Asked in Civil Litigation and Contracts for North Dakota on
Q: Is a stipulation signed by all parties concerned a contract
Nicholas Nelson
Nicholas Nelson answered on Dec 18, 2017

Most likely yes. If a contract is a bargained for exchange among multiple parties, then it will likely be an enforceable contract. This is general legal advice. Adequate legal advice can only be given after meeting with the client and discussing all the facts of his or her situation. Good luck!

2 Answers | Asked in Civil Litigation, Family Law and Landlord - Tenant for North Dakota on
Q: Do I have a legal right if I have two kids to live in our leased twinhome over my spouse?

We recently separated. Living with relatives for the past week, I have two kids with me. Me, my 19year old, and my spouse are on the lease. Do I have any rights because I have kids, one under 18. Or are we supposed to be homeless.

Nicholas Nelson
Nicholas Nelson answered on Dec 18, 2017

If your name is on the lease, you likely have a right to be there. In certain situations, a Court may order certain living arrangements. This is general legal advice, and you should not proceed without first consulting personally with an attorney. Good luck to you!

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2 Answers | Asked in Criminal Law for North Dakota on
Q: Can a police officer issue several citations to a person 5 weeks after the fact when he anissually let them go free
Nicholas Nelson
Nicholas Nelson answered on Dec 18, 2017

Yes. Timelines to bring criminal charges is often based on a statute of limitations. Five weeks will more always be within such a limitation. This is general legal information, and you should consult an attorney to discuss the specific facts of your case. Good luck!

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3 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: Can a DUI from 10 years ago affect my ability to win sole custody over my daughter now?
Nicholas Nelson
Nicholas Nelson answered on Dec 18, 2017

In a custody case, the court relies heavily on the 12 Best Interest Factors under North Dakota Century Code 14-09-06.2. Since your DUI happened more than 10 years ago, it may be excluded as evidence. This is general legal knowledge, and you should seek an attorney in pursuing custody. Good luck!

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1 Answer | Asked in Child Custody for North Dakota on
Q: Child custody

If my son is 13 and doesn't want to go to his mom's because she treats him bad what can I do? Can I file and go before a judge without an attorney and have my son testify that he wants to live with me? And if she has half custody can she force him to go with her? He said he won't go with her. Thanks

Nicholas Nelson
Nicholas Nelson answered on Dec 12, 2017

Generally, if there is a custody order from the court, the parties must abide by the order even if the parties make their own agreement outside of court. If there is not a custody order, then either parent may bring suit for a custody determination. The court weighs heavily on 12 Best Interest of... Read more »

2 Answers | Asked in Child Support for North Dakota on
Q: What is the maximum amount of child support allowed to be taken out of my paycheck?

I currently live and work in North Dakota. I pay child support for one child in Indiana & two in Michigan. Currently I am behind on both cases by a significant amount. I noticed 65% of my net pay is being taken out for child support. Is this legal or is it too high? Personally, I am not... Read more »

Nicholas Nelson
Nicholas Nelson answered on Dec 12, 2017

Here are the North Dakota Child Support Guidelines. NDCC 14-09-09.7. Other law may apply to your situation. You should not rely on the information provided, as adequate legal advice cannot be rendered before an attorney meets with a potential client and discusses all relevant facts to the... Read more »

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1 Answer | Asked in Animal / Dog Law, Intellectual Property and Land Use & Zoning for North Dakota on
Q: Can you sue someone for their animals being on your property?

In cases when the dog gets off the chain from their backyard. The dog has been on the property several times.

Nicholas Nelson
Nicholas Nelson answered on Dec 12, 2017

Generally, an owner of a domestic animal has a duty to reasonably control the domestic animal. If a person fails to reasonably control his or her pet, he or she may be liable for resulting damage. This is general legal information and should not be relied upon in your specific case. An attorney... Read more »

2 Answers | Asked in Child Support for North Dakota on
Q: I make about 500 a month at my current job and it isn't enough to pay my full child support payment...my payment is 285

I tried to file for a review to lower it but they told me they won't lower it.. When I first got on child support my worker told me that since I didn't have a job my payment would be 285 a month is there anything I can do about lowering it so I can afford it?

Nicholas Nelson
Nicholas Nelson answered on Dec 12, 2017

Here is North Dakota Law regarding periodic review of child support orders. North Dakota Century Code 14-09-08.4 and 14-09-08.6. Other law may apply to your situation. An attorney cannot provide adequate legal advice until first meeting with the client and discussing all facts relevant to the... Read more »

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2 Answers | Asked in Animal / Dog Law for North Dakota on
Q: My dog was attacked by another dog. now my dog needs a $4000 surgery. can I make the other dog owner pay?
Nicholas Nelson
Nicholas Nelson answered on Dec 12, 2017

Generally, an aggrieved party may sue another for damage that results to themselves or their property by the negligent acts of another. If an animal has a history of violent acts, it may be classified as a "dangerous animal" and be subject to a higher standard of care by its owner than... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Dakota on
Q: I had some financial trouble and wan unable to pay rent. I was given a notice of intent to evict if I did not pay.

I was unable to pay so I left within the 3 day window the notice gave, can I be held liable for the remainder of my lease?

Nicholas Nelson
Nicholas Nelson answered on Dec 12, 2017

Generally, after materially breaking the lease agreement, the tenant is responsible for the remainder of the lease per the terms of the agreement. However, a landlord generally has a duty to mitigate the damages to the tenant by making reasonable efforts to lease the property to another tenant.... Read more »

2 Answers | Asked in Landlord - Tenant for North Dakota on
Q: Can my landlord keep my security deposit and 2 months rent even though someone took over my lease and is also paying

I had a 3 year lease, I wanted to get out of my lease after two years and asked my landlord if I could terminate the lease and if he could find someone to take it over. He found someone to take it over the next week, but he said he should be able to keep my $3000 security deposit and that I also... Read more »

Nicholas Nelson
Nicholas Nelson answered on Dec 12, 2017

Generally a landlord is not able to collect from the old and new tenant. A lease agreement may attempt to provide the penalty for breaching the contract, which could be challenged in court as unreasonable. Landlords generally have a duty to mitigate by finding new tenants. The idea is finding a... Read more »

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