Get free answers to your Civil Litigation legal questions from lawyers in your area.
I sold my home. Three weeks later I received a letter from the title company saying that a lien has been placed on my former home from a credit card debt. They also stated I was responsible for taking care of it. I was unaware of the impending lien. From a moral standpoint I know I should pay it... View More 
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answered on Nov 12, 2024
The debt had to become a judgment before it could be used as a lien. Remember getting sued? You may be able to set aside the judgment, but you would still be possibly owing the debt. Apparently noone recorded the deed you signed until after the lien attached. If you signed a warranty deed,... View More
Federal civil lawsuit against a city can their attorney represent a 3rd party person (towtruck owner) in this lawsuit
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answered on Feb 26, 2024
Typically, a city's insurance attorney would represent the interests of the city in legal matters, including civil lawsuits. While it's possible for an attorney to represent multiple parties in certain circumstances, there may be conflicts of interest that prevent them from representing a... View More
I am a personal representative for my father's estate. my city is suing my brother, the family business and my father's estate regarding a building we are in the process of demoing. Can I appear as the representative or do we need a lawyer to represent the estate?
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answered on Jan 10, 2024
In South Dakota, as in many states, a personal representative of an estate generally cannot represent the estate in legal proceedings unless they are a licensed attorney. This is because appearing in court and advocating on behalf of an estate is considered the practice of law, and non-attorneys... View More
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answered on Dec 28, 2023
In South Dakota, when you file a federal lawsuit, you typically have 90 days to serve the summons and complaint to the defendants. This period allows sufficient time to notify the defendants about the legal action brought against them. Proper service is crucial for the court to proceed with the... View More
I have lived with my roommate in South Dakota since October 2024 under a verbal agreement to pay $375 a month, and I receive mail at this address. Despite working and contributing financially whenever possible, including helping around the house and caring for her dogs, I have faced ongoing verbal... View More
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answered on Jun 11, 2025
Since your roommate changed the lock without giving you an eviction notice, you are likely a tenant under South Dakota law and have rights to regain access to your belongings. Start by sending a written demand—via certified mail if possible—requesting immediate access to your personal property... View More
I was involved in a hit-and-run collision where my vehicle was damaged, but I sustained no physical injuries. I have filed a police report and have the license plate information of the other vehicle. What type of attorney should I hire to help with this situation?
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answered on Jun 4, 2025
Good afternoon,
Aside from taking steps to contact law enforcement (which you have apparently done), your best bet would be to contact an attorney who handles Civil Litigation.
Thanks and good luck!
I received a cease and desist order from my neighbor, a retired attorney licensed to practice law in Florida. The order contains false accusations, including claims of defamation, monitoring his home through windows, following him, and requires me to cease and desist stalking him. I have a witness... View More
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answered on Jun 1, 2025
You're right to be concerned, but it's important to understand that a cease and desist letter is not a court order—it's just a formal request to stop certain behavior. Receiving one doesn't mean you've been found guilty of anything or that legal action has been taken... View More
I have primary custody of my son, and we share legal custody with my ex-husband. My son asked me to attend a father-son activity with him, which I was told by the group leader was allowable, as some mothers do attend. However, my ex-husband opposed this, called me a liar to the group leader, and... View More
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answered on May 14, 2025
It’s incredibly painful to be excluded from something that matters so much to your child, especially when you’re trying to honor his wishes and support him. Since you have primary custody and share legal custody, you should be part of decisions affecting his life—especially events he invites... View More
I've allowed a person to stay on my property verbally, but there is no formal written agreement. She has previously paid some money but cannot pay now and doesn't work. The situation has become unsafe as she is a hoarder and sleeps in a van on my property. How can I legally evict her from... View More
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answered on Apr 13, 2025
To legally evict the person from your property in South Dakota, you'll need to follow the state's laws on eviction, even if there is no formal written agreement. Since you verbally allowed her to stay, she may be considered a tenant under what’s called a "verbal lease." The... View More
I have been living at a property under a verbal agreement for over five years, where I provided work in lieu of paying rent as I am attempting to secure disability. My landlord is now wrongfully evicting me and has repeatedly locked me out from my belongings, despite a deputy advising him against... View More
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answered on Apr 12, 2025
Your landlord's actions may constitute wrongful eviction, especially if you have a verbal agreement and have been living there for five years. In South Dakota, even without a written lease, tenants have rights, and the landlord cannot legally lock you out or withhold your belongings without... View More
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