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North Dakota Questions & Answers
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.

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 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.

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 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 Federal Crimes and Sexual Harassment for North Dakota on
Q: sexual assault

My fiancé is being charged with this right now but they don't have anything other than he said she said what will happen I need help or advice to help understand what's going to happen

Nicholas Nelson
Nicholas Nelson
answered on Feb 9, 2018

There are too many unanswered questions to render any legal advice. "He said, she said" testimony may or may not be admissible in court proceedings. Statements by the defendant, your fiancé, are likely to be admitted into evidence, and testimony by the alleged victim may or not be... View More

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Can father of child keep child away from mother without any contact or court order in court
Nicholas Nelson
Nicholas Nelson
answered on Feb 9, 2018

NDCC 14-09 deals with parental rights. Generally, both parents have rights unless otherwise ordered by the court. More information is needed to render any further legal advice. Good luck!

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

1 Answer | Asked in Family Law, Child Custody and Child Support for North Dakota on
Q: Do I need an attorney and if so from which state, I live in ND but parenting plan was from FL

In 2012 judge granted me to relocate to TN from FL w/daughter. In 2014 we moved to ND, her dad was fine with. Our son that stayed w/dad has flown up here many times. Daughter has never been asked by dad to visit and he never calls her. I’m now seeking support so dad has filed contemp for not... View More

Gregory William Liebl
Gregory William Liebl
answered on Jan 30, 2018

It never hurts to consult an attorney. The laws on moves out-of-state vary between states and so it is important to know where he brought his motion. You should probably call an attorney in the state he brought the motion to see what your options are.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on
Q: Does joint split custody exist to where neither parent pays the other child support? Can fathers win a case like this?

Why do fathers have no right or avenues to have equal rights when it comes to the child? I am married with two other kids with my current wife. I would like my child support for my oldest lowered or have equal custody so I can take care of the needs of all my children. Instead of giving the mom... View More

Lucas Wynne
Lucas Wynne
answered on Jan 23, 2018

Even with equal residential responsibility, the person who makes more money will still be required to pay the other child support.

1 Answer | Asked in Consumer Law and Small Claims for North Dakota on
Q: I was served a summons/complaint. It was NOT filed with the court. I answered and challenged the debt. What happens now?

I thought I read they had 5 days to show proof they had proving debt is mine? Also if they do file with the court will I be notified?

Lucas Wynne
Lucas Wynne
answered on Jan 20, 2018

Call an attorney who deals with this type of case. They do not have to file immediately.

1 Answer | Asked in DUI / DWI for North Dakota on
Q: My husband just got a DUI. court is in one week. We are thinking of calling the cop involved to beg for mercy.

Would this be a bad idea? If he looses his job we loose insurance and our children have special needs. My husband rarely drinks. He blew low on the breathalyzer and this is his first dui offense. The cop was really nice during the arrest and helpful. We got a lawyer and are awaiting court. If he... View More

Lucas Wynne
Lucas Wynne
answered on Jan 20, 2018

Listen to your lawyer. Calling the officer will have no impact, the case is in the prosecutor's hands. Most people who attempt to negotiate with the prosecutor on their own end up digging a deeper hole.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Can I leave north Dakota with my child without consent?

Never married to the father. We have no court orders for custody. Would I be able to leave north Dakota with my child?

Gregory William Liebl
Gregory William Liebl
answered on Jan 19, 2018

According to the plain language of the statute in ND you could leave without his consent or a court order. As a practical matter; however, it is a good idea to get his permission or a court order regardless. This is because, if you leave without his permission he may bring an action for... View More

2 Answers | Asked in Divorce, Family Law and Child Support for North Dakota on
Q: Can you make your own child support agreement In the state of North Dakota? If both partner agree to the terms?
Nicholas Nelson
Nicholas Nelson
answered on Feb 9, 2018

Parties may stipulate to child support in a contract the parties drafted themselves, but as Attorney Wynne indicated, a Court must still sign off on it. Generally, a Court is likely to sign off on the stipulation if the terms are fair and are in the best interest of the child. I hope this helps!... View More

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1 Answer | Asked in Business Law and Business Formation for North Dakota on
Q: Can I have a self serve wine tasting bar in Fargo, ND? Can patrons self serve wine from a machine?

I could not find anywhere in ND law that says they cannot but when I submit an application for a liquor license it asks for the floor plan and I'm worried that if the wine dispensing machines are not "behind a bar" then I will get denied. My whole business revolves around people... View More

Lucas Wynne
Lucas Wynne
answered on Jan 16, 2018

As an attorney who works with various small business owners, there are often questions which have not yet been addressed by North Dakota's laws. You may also be looking at liability issues with your plan.

1 Answer | Asked in Medical Malpractice for North Dakota on
Q: My fiance' was slipped LSD without his permission. The ER did not run a drug screen is this malpractice?

The ER at Sanford did not run a drug screen on my fiance' even though he stated he had been drugged or poisoned against his will. Once he was at the ER they only gave him medications for his blood pressure and benadryl. They released him 45 minutes later to what they say was family in the... View More

Lucas Wynne
Lucas Wynne
answered on Jan 16, 2018

As to the criminal charge, which seems to be the larger concern, the issue here is proving that your fiancé was actually given LSD unwillingly. Secondly, proving that your fiancé should be held inculpable due to the influence of the drug is another battle.

What happened at the hospital...
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