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North Dakota Questions & Answers
1 Answer | Asked in Divorce for North Dakota on
Q: If the house is in both mine and wife's name, and I am the one who is moving out, am I required to pay the mortgage?

Am I also required to pay the heating, water, internet, etc if I do not live in the house?

Also, There are 5 children involved (2 are biological mine, 3 are still legally with their father). Am I required to pay child support for the 3 if the father is legally suppose to pay child support... View More

Lucas Wynne
Lucas Wynne
answered on Jan 9, 2018

No attorney can provide you with advice that will best suit your goals via the internet. If you cannot afford an attorney, consider at least paying for a consultation to address your questions and issues. There is too little known about your situation to address your question here and I would... View More

2 Answers | Asked in Probate for North Dakota on
Q: Hi I inherited some land in Williams North Dakota for my father who passed away 2010 my stepmother and my four other Orc

We were each to get 50% stepmother kids 50% us kids get the other when should I start receiving my percentage of the oil wells

Lucas Wynne
Lucas Wynne
answered on Jan 9, 2018

Unfortunately, this is a difficult question to answer because I am unsure if the land has any mineral rights, if oil is being produced from the land, the status of the inheritance, etc. I would speak with a local attorney.

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2 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: While incarcerated my son went to Seattle 8 years ago for a felony marijuana charge... No trouble since then. How can I

Get visits or custody back. Son now lives with his dads ex

Gregory William Liebl
Gregory William Liebl
answered on Jan 5, 2018

The answer is largely dependent on what has happened in the last eight years. Also, if he has lived in Washington for that long, it is likely that state has jurisdiction according to the Uniform Child Custody Jurisdiction and Enforcement Act. That means any legal action would likely need to be... View More

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1 Answer | Asked in Lemon Law and Small Claims for North Dakota on
Q: Is there a law in the state of ND for purchasing a used vehicle and it needs a new engine after one week of purchasing?

It was taken to a mechanic and the mechanic stated the owner knew the engine was bad and put a pipe through the muffler to make it sound loud and then said it was one of those fancy mufflers that made noise. Also that it burned a little oil. But the fact was, the engine was so bad, the oil was... View More

Lucas Wynne
Lucas Wynne
answered on Jan 5, 2018

You may or may not have a warranty claim. The answer is dependent on the conditions of the sale. I would contact an attorney who deals in this type of claim.

1 Answer | Asked in Civil Litigation and Criminal Law for North Dakota on
Q: If you have a public data record what does it mean doc #6 and doc#7 after a bench warrant and a sherriff return
Lucas Wynne
Lucas Wynne
answered on Jan 1, 2018

What you are seeing is a document record listing, not the record itself. The document you are referring to is likely a bench warrant for your arrest. You will need a criminal defense lawyer.

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.... View 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... View More

2 Answers | Asked in Car Accidents, Civil Litigation and Collections for North Dakota on
Q: My son damaged a vehicle while at school. What is my responsibilities and what are my rights in the matter?

My son damaged a vehicle while at school. I wasn't informed till the next day. I was told i wouldn't have to pay anything. Few days later I received a letter from the insurance company and they want $1500 and that if i dont pay they’ll take my drivers license. Never received a call... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 29, 2017

Send a polite but crisp letter asking them to provide proof of the damage. However, if you have homeowners or vehicle insurance you will want to hand this over to them. If your son did the act, you may wish to consider talking to a therapist/counselor about how to appropriately discipline your son... View More

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1 Answer | Asked in Collections for North Dakota on
Q: I got a summons/complaint delivered to me by the sherriff that looks like it was not filed with the court system.

Is there any steps I need to do? I dont know where or how to answer it. Is it worth calling them to negotiate? Its a hight enough amount that I will declare bankruptcy unless they would settle for like 10%. Please advise

Lucas Wynne
Lucas Wynne
answered on Dec 28, 2017

No attorney can advise you without an attorney-client relationship being formed. In North Dakota, they are not required to file when they serve you.

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

Lucas Wynne
Lucas Wynne
answered on Dec 20, 2017

You have a paternity test done.

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1 Answer | Asked in Criminal Law for North Dakota on
Q: If your first offense ever was a check fraud what would the minimum sentencing be?

It was over a $1000

Lucas Wynne
Lucas Wynne
answered on Dec 20, 2017

As an attorney who practices criminal defense throughout North Dakota, I would first caution you not to share information about the crime being alleged. In this particular case, you should seriously consider retaining an attorney as the prosecution will not care that this is your first offense. The... View More

1 Answer | Asked in Libel & Slander for North Dakota on
Q: My ex made a false Craigslist ad about prostitution and he used my picture can I sue him?

My ex made a false Craigslist ad about prostitution and he used my picture. He sent it to his coworkers and now I'm being harassed. Can I sue him?

Lucas Wynne
Lucas Wynne
answered on Dec 18, 2017

Yes. Whether the damages that have occurred justify getting a lawyer, however, is fact-dependent.

1 Answer | Asked in Libel & Slander for North Dakota on
Q: My ex made a false Craigslist ad for prostitution with my picture on it, can I sue him?

My ex made a false craigslist ad about prostitution and put my picture on it. He sent it to his coworkers and now I'm being harassed about it. Can I sue him?

Nicholas Nelson
Nicholas Nelson
answered on Feb 26, 2018

Quite possibly. I would need to discuss with you all the facts and circumstances before rendering further advice.

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?
Gregory William Liebl
Gregory William Liebl
answered on Dec 15, 2017

The short answer is that it probably won't affect your custody case, but a lot of other variables can come in to play. If it is truly 10 years or older, you may even be able to keep the judge from hearing about it under the North Dakota Rules of Evidence. You should still seek out an attorney... View More

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1 Answer | Asked in Employment Law and Workers' Compensation for North Dakota on
Q: how do I collect permanant disability payments
Lucas Wynne
Lucas Wynne
answered on Dec 20, 2017

You retain a workers' compensation attorney.

1 Answer | Asked in Workers' Compensation for North Dakota on
Q: am presently on workers compensation, I would like to file a law suit, what is the procedure
Lucas Wynne
Lucas Wynne
answered on Dec 20, 2017

You will almost certainly require a workers' compensation attorney. However, you can visit the North Dakota Workforce Safety website for DIY forms and information.

1 Answer | Asked in Workers' Compensation for North Dakota on
Q: I have a back injury i recieved on my job, how do i file a claim
Lucas Wynne
Lucas Wynne
answered on Dec 20, 2017

You visit the North Dakota Workforce Safety website. When your claim is denied (very likely) or you are offered much less than you deserve (extremely likely), you then contact a workers' compensation lawyer to represent you. Unfortunately, few workers' compensation attorneys practice in... View More

1 Answer | Asked in Divorce for North Dakota on
Q: Is it possible to reopen the divorced?

My ex husband filed the divorced and I can’t claim nor answer because I don’t have a lawyer. It was granted by default.

Lucas Wynne
Lucas Wynne
answered on Dec 8, 2017

Possibly. However, this tends to be an uphill battle and you should not assume that the judge will allow your case to be reopened. I see that you are in Illinois, please note that the information I have provided is specific to North Dakota.

2 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: Can I move out of state with my child without the father's consent. Not married. No custody agreement
Gregory William Liebl
Gregory William Liebl
answered on Dec 8, 2017

In North Dakota you need the other party's consent or a Court order to move, if there is a custody/visitation Judgment giving him time with the child. This being said, I would proceed with caution and consult an attorney before doing so. There are some potential risks to taking off prior to... View More

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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... View 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... View More

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