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North Dakota Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Landlord - Tenant for North Dakota on
Q: Do I have grounds for a lawsuit for false accusations by maintenance property manager

I have 2 esa dogs. I gave them the required paperwork showing that they are esa. Got a call asking if I had a third because my partner was seen walking with a dog. I told them i did not, and was met with hostility claiming they had to make sure because I allegedly had “duped” them into taking... View More

James L. Arrasmith
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answered on Apr 16, 2024

Determining whether you have grounds for a lawsuit based on false accusations by your property manager involves several factors. Generally, to pursue a defamation claim, you must prove that a false statement was made to others, that it caused you harm, and that it was made without adequate basis in... View More

Q: Why does my life not seem to matter why does a woman have to hemorrhage & pretty much die before obgyn will do a dnc

3 blood transfusions hours of unexplainable un necessary pain. To much pain meds given after patient specially said no more fentenal to then have to go into respiratory depression a laceration in my mouth from intubation and then to be told by the very person who didn't feel he needed to check... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 24, 2023

You make a great point. This is one of the reasons lawsuit are so important. And laws that limit or interfere with right to a jury trial do not serve justice. Otherwise doctors and others can get away without bad actions.

Here, there may be a case. Due to the nature of medical...
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1 Answer | Asked in Civil Litigation, Criminal Law and Legal Malpractice for North Dakota on
Q: If I go in to get my drug patch changed at the 24/7 program while I have an active warrant will I get arrested.

I have to report to the 24/7 program in Minot north Dakota and the day before I'm required to go in to change out my current patch, there was a warrant issued for my arrest. Can they arrest me at the 24/7 program even though my warrant is unrelated?

Lucas Wynne
Lucas Wynne
answered on Dec 5, 2023

Likely, but they’re going to come arrest you anyway and you’d be better off voluntarily turning yourself in; if you wait the judge will likely notice you didn’t go voluntarily when considering whether to let you out again.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for North Dakota on
Q: A guy a guy hit me for no reason I was doing a repossession of the brother's car the other brother came up and hit me.

For no reason I was charged he was not how is this possible

Lucas Wynne
Lucas Wynne
answered on Feb 10, 2023

It's possible because prosecutors simply go with the story they want to believe. You need an attorney to defend you and be willing to take it to a trial if it is in your best interests.

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for North Dakota on
Q: I was racially profiled at a hotel and accused of selling drugs and the manger allowed a warrant to be used to come

Detain me and destroy my property not to mention no drugs where found or evidence that drugs were being sold i actually had an officer tell me that was profiled because of where I was from and how I looked can I take any legal action towards this ?

Lucas Wynne
Lucas Wynne
answered on Jan 9, 2021

You need an attorney to make a motion on the issue in the criminal case

1 Answer | Asked in Civil Litigation for North Dakota on
Q: I am in North Dakota and I decided to sell my 05 Honda Pilot but I had problem with the buyer and I repoed the car

I decided to help this girl and gave her a very deep slash on the price. The main reason I gave her such a price was that it would help her and it would honor my wife as i think she would approve, I had to speed up the sell and I asked her for $600 down and $400 to come and they agreed and I told... View More

Lucas Wynne
Lucas Wynne
answered on Apr 7, 2020

Sounds civil

1 Answer | Asked in Criminal Law, Civil Litigation and Landlord - Tenant for North Dakota on
Q: I reported animal cruelty on my sons landlords now I'm being harassed threatened

I reported animal cruelty on my sons landlords to the sheriffs department. The deputy gave them my name that I was in to file a complaint now I'm being harassed, threatened, and assaulted and the sheriff department will do nothing. I have called them 9 times in last 4 months because of them... View More

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 24, 2018

Document every interaction, log the time, date, the person involved, and the nature of the incident. Also document every interaction with the police. Bonus points if you have any other evidence, such as phone records.

Once you have sufficient documentation, if the police are not willing...
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1 Answer | Asked in Civil Litigation, Criminal Law, Products Liability and Civil Rights for North Dakota on
Q: i would like to know if i have a court case or not. i was given false information and was promised 400,000 for 3500.00

this person does not live in the states and claims to work with (PCH) Publishers Clearing House. I have all the information and all the promises this person had made including the address of were he told me to send the money. plus full names and almost full locations and phone numbers of two... View More

Lucas Wynne
Lucas Wynne
answered on Jul 18, 2018

If they are located in the United States, you should contact law-enforcement in the city in which they are located. This is clearly a scam.

1 Answer | Asked in Civil Litigation and Small Claims for North Dakota on
Q: I loaned some sound equipment to an acquaintance. I am ready to have it back, but Ive been told it is now an hours driv

I did not give permission for it to leave this area, nor was I notified when it did. Is there a legal way to force him to return the equipment to the place he picked it up?

Lucas Wynne
Lucas Wynne
answered on May 16, 2018

Yes, tell him that you want your equipment back and give him a reasonable time limit (ten days, thirty days, etc.) to return it back to you. Inform him that you will report it has been stolen if he fails to return the equipment.

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 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 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.

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 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.

Lucas Wynne
Lucas Wynne
answered on Dec 18, 2017

You need to call an attorney to address this question. Adequate advice for this issue cannot be provided online.

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for North Dakota on
Q: Is restricting parenting time an appropriate means to compell a party? Can contempt takeplace on phone w/out motion

Judge stated i was not unfit nor was it likely i would harm kids. I rescheduled an appt. Once which did not stand in violation of any order. I notified the guardian when she asked. She told opposing counsel who by letter requested a hearing . the letter included the date for rescheduled test... View More

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

Yes.

1 Answer | Asked in Estate Planning, Civil Litigation, Collections and Probate for North Dakota on
Q: Dad died 15 months ago in ND and step mom died this month. no children together. Next of kin is? Her mom is alive but 90

They had no children together but married over 20 years. Step moms mother is alive but is 90 and lives in nursing home (possibly mentally incompetent) . She has no birth or legally adopted children and no will or trust. Who is her next of next of kin?. Since its going to probate could i contest and... View More

Jim Ed "Jed" Franklin
Jim Ed "Jed" Franklin
answered on Feb 6, 2017

Your question is missing some important information, feel free to contact me via email so I can better answer it. But generally, you should have some interest in your father's estate, though it sounds like there is not much in it. If so, then the "spousal share" may eat up all of... View More

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