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North Dakota Questions & Answers
1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for North Dakota on
Q: Someone broke into my home and stole my dog and police won't help me get him back, what do I do?

What kind of lawyer do I need?

Lucas Wynne
Lucas Wynne
answered on Mar 17, 2018

You simply need a lawyer willing to take your case. Before a lawyer will take your case, you should have a retainer ready to pay and know who it was that stole the dog. If you don't know who it was, it's nearly impossible to initiate the proper lawsuit.

1 Answer | Asked in Employment Law for North Dakota on
Q: I recently quit my job and filled out separation papers on my last day. My former boss apparently shared my answers.

I was texting with a former co-worker about it later that night and he said through text that they had openly shared some of my written answers with other employees and were laughing about what I had said. This is confidential information, right? Do I have any kind of case here?

Lucas Wynne
Lucas Wynne
answered on Mar 8, 2018

Let's say that you hypothetically had a case of action due to some form of breach of confidentiality claim - the question to ask is what that case would be worth. The best way to answer that question is to determine how sensitive the information was and whether it was subject to some form of... View More

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.

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 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 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.

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 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.

1 Answer | Asked in Contracts and Consumer Law for North Dakota on
Q: If I called in a tow, would it be illegal to have a deal where the tow company pays me a fee?

I live in an apartment where it is permissible to tow someone's car if they park in your spot, would it be illegal to take have an agreement that the company that tows the car give my a flat fee for the tow? At least 2-3 cars a day park in my spot, I believe if I received $20 a car, I could... View More

Nicholas Nelson
Nicholas Nelson
answered on Feb 26, 2018

Generally, "referral fees" are regulated in professional careers like law. When establishing a referral fee agreement, you are essentially acting as an agent/employee of the principal company (tow company in your situation). Any referral agreement should be in writing to protect your... View More

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!

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 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

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 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 Adoption for North Dakota on
Q: I live in North Dakota and a friend of mine asked me if I would adopt the baby how do I go about doing that
Lucas Wynne
Lucas Wynne
answered on Feb 17, 2018

Likely via an adoption proceeding in the state where the mother resides, your best bet is to consult an attorney in that state.

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 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.

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