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North Dakota Questions & Answers
1 Answer | Asked in Antitrust and Real Estate Law for North Dakota on
Q: I am a realtor and I have an anti-trust law question.

I lost some buyers because they communicated with the listing agent on facebook about the house they wanted to buy and did buy. The listing agent told them if they bought the house from her she could give them a deal because she would have both sides and could give the seller a discount so she... View More

Lucas Wynne
Lucas Wynne
answered on Mar 8, 2018

To the contrary, it would likely be an anti-trust violation if you somehow prevented those buyers from participating freely in the real estate market or prohibiting them from contacting certain agents. There is a grave difference between an anti-trust violation and an unfair advantage. It does not... View More

1 Answer | Asked in Business Law for North Dakota on
Q: Can I be held responsible for something my business partner’s spouse does wrong?

The spouse is in no way affiliated with the business. The business, as far as I know, is set up as a partnership. Is this statement true?

Lucas Wynne
Lucas Wynne
answered on Mar 5, 2018

Your question is much too broad to provide a reasonable answer.

1 Answer | Asked in Family Law for North Dakota on
Q: Is a car considered a public location for the purpose of a transitional visitation that is to be in a public place?

We agreed to motivated transportation but since he is to have his transitional visitation scheduled visits in a public location, I am of the belief that a car is not a public location and therefor I want to provide the transportation and believe they should stay in one place for the entire duration... View More

Lucas Wynne
Lucas Wynne
answered on Mar 4, 2018

If you are asking if the interior of somebody's car is a proper site for publicliy-held child visitation, the answer is no.

2 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: Is it possible to get full custody of a child in North Dakota?

His father is a danger to himself I don't want him around my son without some sort of supervision. His father lives in MN, my son and I live in ND.

Nicholas Nelson
Nicholas Nelson
answered on Mar 2, 2018

Yes, it is certainly possible. North Dakota Century Code Chapter 14-09 deals with child custody. The court heavily weights the twelve best interest factors as stated under NDCC 14-09-06.2. I hope this helps!

*DISCLAIMER* This is general legal information, and I cannot provide adequate...
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1 Answer | Asked in Domestic Violence for North Dakota on
Q: What if a third party witness to domestic violence decides to retract his original statement made to police?

I received information over the phone that a friend was injured during an argument with her boyfriend. After giving a statement to the police, she told me that she'd actually had fallen down the stairs due to no fault of her boyfriend. I contacted the police the next day and retracted my... View More

Lucas Wynne
Lucas Wynne
answered on Mar 2, 2018

The prosecutor may still bring charges, even if your statement has been retracted. Why? Firstly, because you did not witness the incident. More importantly, because victims of domestic violence often retract their statement and it is in the state's interest to pursue domestic violence incidents.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Is a "Deferred Imposition of Sentence" still considered a conviction upon completion?

How would one know if the court fulfilled agreement? ("the defendant's guilty plea be withdrawn, or the guilty verdict be set aside; the case be dismissed; and the file be sealed.").

Lucas Wynne
Lucas Wynne
answered on Mar 2, 2018

To determine if the court dismissed the case, you can call the court.

1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: can I break a lease due to constant noise ?

I am in a lease with my apartment. There is a constant thumping noise in my bedroom ceiling or wall every night from 10 pm to 8 am. I made repeated requests to have it investigated and they finally sent someone to witness it. He agreed that it was awfulnand must be very hard to live with. But no... View More

Nicholas Nelson
Nicholas Nelson
answered on Feb 26, 2018

From what you have stated, it appears that the sound is not coming from an upstairs neighbor, but from the building itself? If that is the case, then you may have a case against the landlord for breaching the implied warranty of habitability. Habitability is interpreted into all residential lease... View More

2 Answers | Asked in Animal / Dog Law for North Dakota on
Q: What determines true ownership of a dog

I need help!! ;( 3 years ago we were blessed with a full bread pit! My mothers husbands sister who was the original owner loved to pass animals around because she could never really afford them so he ended up being put on a huge metal chain locked up constantly we didn’t like that too much so my... View More

Nicholas Nelson
Nicholas Nelson
answered on Feb 26, 2018

Dogs are treated like other personal property, and as such can be traded, given away, sold, and abandoned. I would need to discuss at length the particular details of your situation to determine to chain of ownership of the dog.

*This is general legal information, and I cannot provide...
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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... View 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 Landlord - Tenant for North Dakota on
Q: How long after termination of lease does a landlord have to present the tenant with the damages bill?

We tried to get ahold of the landlord many times and could not make contact. We never received a bill, and now, 11 months later, are being sued for the damages to the apartment. Also, our security deposit was kept.

Lucas Wynne
Lucas Wynne
answered on Feb 24, 2018

Your first step is to check the specific terms of your lease. Even if an amount of time is set by statute, the lease may control.

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: Can the mother lose custody if she lets our son hang around a sex offender who failed to register?

I would like to get custody of my son and I was told by friends that they had an experience where the mother let their child hang around a sex offender and she lost full rights as a parent. I'm also in that situation and I was just wondering if it's possible.

Nicholas Nelson
Nicholas Nelson
answered on Feb 26, 2018

North Dakota Century Code CHAPTER 14-09 PARENT AND CHILD deals with parental rights and when they can be taken away. I hope this helps!

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 Banking for North Dakota on
Q: HAVE A C.D. I found in the back of my safe it is dated on 1993 from norwest bank which is no more and has been taken o

over by wells fargo. they got no recordof it.is it still good my bank says it is. what can I do

Lucas Wynne
Lucas Wynne
answered on Feb 21, 2018

Go and find which bank currently controls the CD and access the CD.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Man has his children staying with ex wife. He has rights to see them but she refuses contact. What can be done?
Lucas Wynne
Lucas Wynne
answered on Feb 15, 2018

Simple, you bring a motion in court to see the children.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Hi Can a mother control how a father spends time with his child epically if he's married and has other kids with wife
Gregory William Liebl
Gregory William Liebl
answered on Feb 13, 2018

The answer is "it depends." Is there a Judgment? What does the Judgment say? If there is no Court Order/Judgment, then the father should have as much of a right to the child as the mother does. You should contact an attorney as this situation is very fact dependent.

2 Answers | Asked in Criminal Law for North Dakota on
Q: Can state prosecute the same person for the same crime after they turn the case over to the federal government?
Lucas Wynne
Lucas Wynne
answered on Feb 14, 2018

You should be very careful when discussing your criminal case online - please do not share more information about this case publicly, call an attorney to discuss instead. Most offer free consultations.

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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.

1 Answer | Asked in Medical Malpractice for North Dakota on
Q: What if your Dr states in your progress notes that he performed an exam that he didn't actually do?

The progress notes that he examined skin, neck, throat, lungs, heart, swelling etc.. He never left his chair and only spoke to me. Had he actually examined me, his notes would have read differently.

Peter N. Munsing
Peter N. Munsing
answered on Feb 11, 2018

At best a "naughty naughty don't do it again."

It certainly isn't malpractice. A violation of hospital policy, possibly of health department regs. But unless there were witnesses generally Dr.'s word rules. And if you make a huge deal about it the patient gets a...
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1 Answer | Asked in Car Accidents for North Dakota on
Q: Is it possible to get a accident off your record

I had an at fault accident in 2015 and one in 2016 . Both were in parking lots.At approximately 1 mile an hour or less.I was never cited a ticket on either one

Peter N. Munsing
Peter N. Munsing
answered on Feb 11, 2018

They won't be on your drivers record. Unless insurance was notified not on any insurance record. After a few years they drop off.

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... View 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... View More

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