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North Dakota Questions & Answers
1 Answer | Asked in Constitutional Law and Civil Litigation for North Dakota on
Q: Does a misspelled name void a search warrant?

Does a search warrant become void if there is a misspelling of a name, specifically if the warrant uses the nickname 'Jaime' instead of the legal name 'Jamie'? There was also an issue where the name provided was given by an unknown person. Would these errors affect the validity of the warrant?

James L. Arrasmith
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answered on Jul 4, 2025

A typographical error or use of a nickname in the warrant does not automatically invalidate it if the warrant still identifies the target with sufficient particularity—address, date of birth, or unique descriptors that leave no reasonable doubt as to the person meant.

You can challenge... View More

1 Answer | Asked in Employment Law, Personal Injury and Gov & Administrative Law for North Dakota on
Q: Impact of a CNA incident on future medical school applications.

I am an 18-year-old CNA from North Dakota, starting college in the fall for pre-med with plans to attend medical school for anesthesiology. I might face having my CNA license revoked due to an incident where a patient fell and was slightly injured while I was using a lift meant for two people. I... View More

James L. Arrasmith
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answered on Jul 4, 2025

You’re likely facing a notation on your state registry or employer file that could surface during background checks for college or medical school. Admissions committees review professionalism and patient-safety lapses closely, and a revoked CNA license may raise questions about your judgment and... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for North Dakota on
Q: How can I resolve false assault charges after admitting a false police report?

I falsely made a police report accusing my partner of domestic assault to have him removed from our home, and I physically harmed myself to make the claim. I later informed the police and state's attorney that the report was false, but they do not believe me. Despite my admission, my partner... View More

James L. Arrasmith
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answered on Jul 5, 2025

You are in a serious position, but your willingness to come forward now matters. The justice system is slow to change direction, especially once charges are filed, but your continued effort can still make a difference. The most important step is to provide sworn, written testimony recanting your... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Litigation for North Dakota on
Q: False police report led to wrongful domestic assault charge. How to resolve?

I falsely reported a domestic assault incident and physically harmed myself to have my partner removed from my home, resulting in his arrest and ongoing jail time. Despite notifying the police of the truth, they do not believe me. My neighbor has video evidence of my actions, but I'm hesitant... View More

James L. Arrasmith
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answered on Jul 5, 2025

What you’ve done is extremely serious, but taking action now can still help correct the damage. A false report that leads to someone’s arrest—especially for domestic violence—is a crime in itself, but it’s also something the justice system can work to undo if truth comes to light in time.... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for North Dakota on
Q: What legal actions can I pursue for delayed stroke diagnosis communication?

I suffered a fall in 2022, which led to a CT scan revealing a meningioma on my brain. Following this, I was referred to a neurosurgeon and had an MRI in January 2023, which showed scattered small flairs but no abnormalities or infarction. I saw the neurosurgeon in February 2023, but an MRI in... View More

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2025

I'm sorry for your ordeal. The best way to figure out if you might have a case (failure to communicate diagnosis of stroke) would be to reach out to North Dakota attorneys to arrange a free initial, no-obligation consult. That's the norm for such cases. Any medical records you have could... View More

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3 Answers | Asked in Bankruptcy for North Dakota on
Q: How to file for bankruptcy inexpensively in Fargo, ND?

I live in Fargo, ND, and am looking for the least expensive way to file for bankruptcy. How can I file for bankruptcy myself, and what are my options for finding the most inexpensive attorney or free legal aid to assist with my bankruptcy filing?

Martha Warriner Jarrett
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answered on Jun 18, 2025

Check the website for your local bankruptcy court (us.courts.gov) for free or low cost alternatives. Also, check out upsolve.org.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for North Dakota on
Q: When must a landlord send a non-renewal notice in ND for leases converting to month-to-month?

In North Dakota, what is the requirement for a landlord to send a non-renewal notice for a lease that is set to automatically convert to a month-to-month lease after one year? My lease indicates a 30-day notice period.

James L. Arrasmith
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answered on Jun 14, 2025

In North Dakota, if your lease is set to automatically convert to a month-to-month agreement after one year, the landlord typically needs to provide a 30-day written notice to end the tenancy. This means that if the landlord does not want the lease to continue after the fixed term ends, they must... View More

1 Answer | Asked in Tax Law for North Dakota on
Q: Are Boy Scouts settlement awards for emotional distress taxable?

I have received a settlement award from the Boy Scouts of America, specifically for emotional distress. I would like to know if these settlement awards are taxable.

James L. Arrasmith
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answered on Jun 13, 2025

Receiving a settlement for emotional distress can bring up complex emotions and questions, especially when it's tied to something as personal as abuse. When it comes to taxes, the key issue is whether your emotional distress was linked to a physical injury or illness. Under federal tax law, if... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for North Dakota on
Q: Can my landlord charge me legal fees without formal legal action for an auto-renewing lease?

My lease automatically renews without the need to sign a new one, yet my landlord accused me of having an unauthorized occupant, which is untrue, and threatened eviction if I didn’t sign a new lease. On May 2, a lawyer sent me a letter falsely claiming I was uncommunicative. I only have my... View More

James L. Arrasmith
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answered on Jun 11, 2025

This situation sounds frustrating and unfair, especially since you haven’t been formally served with any legal action. In most cases, landlords can’t charge you legal fees unless legal proceedings have actually started and a court orders those costs—or if your lease specifically says you’re... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for North Dakota on
Q: Can a park refuse a one-year lease renewal without stating cause?

I have a 2019 lease with a tenant protection clause stating I'm entitled to a one-year renewable lease unless there is good cause to refuse renewal. I have consistently paid rent on time for 11 months, with no complaints or violations against me. Recently, the park refused to offer me a... View More

James L. Arrasmith
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answered on Jun 11, 2025

Based on what you’ve described, it sounds like the park may not be acting within the terms of your lease agreement. If the lease includes a tenant protection clause that entitles you to a one-year renewal unless there’s good cause, then they generally need to provide a valid reason for refusing... View More

2 Answers | Asked in Probate and Real Estate Law for North Dakota on
Q: Do all siblings need to agree to sell inherited property?

As the designated executor of my father's estate, my siblings and I each inherited a 25% share of his property through a quit claim deed. There are no mortgages or liens on the property. In order to sell the estate, do all four of us need to agree on the sale? If one sibling is unwilling to... View More

Anthony M. Avery
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answered on Jun 11, 2025

Any tenant in common can sell their interest, but most purchasers want the entire fee. If all TICs do not agree to sell, any TIC can file an action for a Sale For Partition.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for North Dakota on
Q: How can property owners reverse a city's improper rezoning from residential to commercial in North Dakota?

I recently discovered that the city rezoned our residential property to commercial without notifying the property owners. We are attending a city meeting today to discuss the possibility of changing it back to residential zoning. During the last meeting, the chairwoman shut down the conversation... View More

James L. Arrasmith
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answered on Jun 2, 2025

You should start by reviewing North Dakota’s zoning procedures to see if the city failed to follow notice and hearing requirements. If notice wasn’t properly given, you can file a written protest or appeal with the city council or the board of adjustment. If the council refuses to reverse the... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for North Dakota on
Q: My 4-year-old son was removed due to drug use, is now in a psychiatric hospital, and nobody will talk to me. Is this right?

My 4-year-old son was removed from my care due to my admitted one-time drug use. I arranged for a safety person to move in so he wouldn't be taken, but my son is now in a psychiatric hospital because they can't find a suitable foster home for him. Despite returning to treatment, nobody... View More

James L. Arrasmith
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answered on Jun 12, 2025

This situation sounds heartbreaking, and you deserve clear answers. When a child is removed from a parent’s care, the state has a duty to not only protect the child but also maintain communication with the parent and support reunification when possible. If you’ve taken steps like entering... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights, Domestic Violence and Real Estate Law for North Dakota on
Q: How can I prevent unlawful eviction and assert lease rights under VAWA in North Dakota?

I have a month-to-month renewal clause in my 2019 lease, which states automatic renewal unless I provide a termination notice, which I haven't. Management is ignoring this clause and pressuring me to sign a new lease, threatening eviction without valid cause as defined in the lease, which... View More

James L. Arrasmith
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answered on May 31, 2025

You have clear rights under both your lease and the Violence Against Women Act (VAWA). If your lease includes a month-to-month renewal clause that automatically continues unless you give notice, management cannot force you to sign a new lease or threaten eviction unless you’ve violated specific... View More

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: Steps to request a jury trial for non-criminal traffic citation in ND.

In the state of North Dakota, what steps must a defendant take to request a jury trial for a non-criminal traffic citation with a fee of more than $20 in District Court?

James L. Arrasmith
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answered on Jun 12, 2025

In North Dakota, you have the right to request a jury trial for traffic citations when the fine exceeds $20. To exercise this right, you'll need to act quickly after receiving your citation. The first crucial step is to plead "not guilty" to the charge, either by appearing at your... View More

1 Answer | Asked in Collections for North Dakota on
Q: Improper service of debt summons in ND; how to proceed?

I was served a summons by a lawyer's office for a debt owed to a credit card company. I was not home at the time, and the documents were given to my 13-year-old son. My understanding is that serving someone under the age of 14 may not be proper in ND. The summons did not include proof of... View More

James L. Arrasmith
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answered on Jun 12, 2025

You are correct that service to your 13-year-old son likely constitutes improper service under North Dakota law. North Dakota Rule 4 requires that service be made on an individual 14 or more years of age, and specifically states that substitute service at a residence must be made "in the... View More

3 Answers | Asked in Car Accidents, Civil Litigation, Insurance Defense and Personal Injury for North Dakota on
Q: Is it worth pursuing legal action in ND for my girlfriend's accident, with conflicting witness accounts and unassigned fault?

My girlfriend's father passed away in October, and her auto insurance was in his name while the vehicle was registered in her name. His insurance lapsed due to nonpayment, though she was an insured driver under his policy. She was involved in an accident where she was t-boned at a blind... View More

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2025

A North Dakota attorney could advise best, but your question remains open for a week. I'm sorry about your girlfriend's accident. I hope all involved are okay. It sounds like a challenging case - no traffic control devices or signs, conflicting witnesses, and the insurance lapse issue. To... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for North Dakota on
Q: Legal consequences for possession of 40 grams of fentanyl with two prior drug convictions in North Dakota.

I would like to know the potential legal consequences for possessing 40 grams of fentanyl in North Dakota. I currently have two prior felony convictions, both related to drug charges. What penalties or legal outcomes might I face?

James L. Arrasmith
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answered on Jun 12, 2025

You're facing extremely serious charges that could result in decades in prison. In North Dakota, possessing 40 grams of fentanyl is considered a Class A felony with intent to distribute, as this amount far exceeds personal use quantities. With two prior felony drug convictions, you'll be... View More

1 Answer | Asked in Business Law, Contracts and Consumer Law for North Dakota on
Q: Is a text message guarantee legally binding to secure a line of credit in ND?

I paid someone $7,500 to secure a $200,000 line of credit for me, with a guarantee to get it done or return my money. They later required an additional $1,500 before completing the service, promising delivery within three business days after payment, which I did not receive. Now they demand another... View More

James L. Arrasmith
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answered on Jun 1, 2025

You have every reason to be concerned. If you paid someone \$7,500 based on their written guarantee—especially if that guarantee was clearly stated in text messages—that can be legally binding under North Dakota contract law. Courts often recognize written agreements made through digital... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for North Dakota on
Q: How to get child back from ND social services after being taken?

I need urgent assistance to get my child back from social services. An incident occurred when my daughter was walking in the rain to a friend's house next door, and we mistakenly thought she was with her grandpa while we were moving her things into our house. Someone on the street reported... View More

James L. Arrasmith
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answered on Jun 12, 2025

You need to act immediately to protect your parental rights and get your daughter back. Under North Dakota law, when a child is taken into protective custody, a hearing must be held within 96 hours to determine whether there is probable cause for the child to remain in shelter care, and you must be... View More

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