South Dakota Q&A by Practice Area


  • Admiralty / Maritime
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  • Juvenile Law
  • Land Use & Zoning
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  • Legal Malpractice
  • Lemon Law
  • Libel & Slander
  • Medical Malpractice
  • Mergers & Acquisitions
  • Military Law
  • Municipal Law
  • Native American Law
  • Nursing Home Abuse
  • Patents (Intellectual Property)
  • Probate
  • Public Benefits
  • Securities Law
  • Sexual Harassment
  • Small Claims
  • Social Security
  • Stockbroker Fraud
  • Trademark
  • Uncategorized
  • White Collar Crime
  • Wrongful Death

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South Dakota Questions & Answers

2 Answers | Asked in Bankruptcy for South Dakota on

Q: how does my fiancé go about filing for bankruptcy while in prison?

Bruce Alexander Minnick answered on May 24, 2019

This will be difficult to do, but it can be done--if you help your fiancé by retaining a bankruptcy lawyer for her. They will take it from there.

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1 Answer | Asked in Sexual Harassment for South Dakota on

Q: I was sexually harassed by employee at gas station. He didn’t touch me. Made verbal comments. Wondering what I can do

Verb

Bruce Alexander Minnick answered on May 21, 2019

None of the facts alleged rise to the level of sexual harassment. You should consider complaining about the rude salesclerk to his bosses.

2 Answers | Asked in Bankruptcy for South Dakota on

Q: If my Boyfriend files Bankruptcy and I was on a loan he had do I have to file too?

Cristina M. Lipan answered on Apr 25, 2019

If you are a personal guarantor, you remain obligated to pay the loan even if your boyfriend files bankruptcy. You aren't required to file bankruptcy too, but you remain responsible for paying that debt.

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1 Answer | Asked in Immigration Law for South Dakota on

Q: Help! I forgot to fill out a part on the I-130 petition for my husband

I filled out the application completely and re-read multiples times before mailing the package last week. But I just looked at the pdf application for form I-130 and I might have forgotten to fill out a part. It's part 4, Item 46a; "He or She arrived as a (class of admission): ... We are filling... Read more »

Deron Edward Smallcomb answered on Mar 21, 2019

Did you also fill out an I-130a? Errors on these applications can lead to delay or denial. That is why it is best to consult with an experienced immigration attorney prior to filing.

2 Answers | Asked in Bankruptcy for South Dakota on

Q: How do I find a Bankruptcy lawyer in Sioux Falls, SD that can file for an Iowa bankruptcy?

I have moved to Sioux Falls after my Sole-Proprietor business in Iowa failed due to health issues.

Stuart Nachbar answered on Feb 11, 2019

As long as you have been in Sioux Falls for 6 months (180 days), you can file in your current state, otherwise, you have to file where the business was. As a sole proprietor your business goes where you are

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1 Answer | Asked in Personal Injury for South Dakota on

Q: What type of attorney handles disability discrimination/defamation/possible harassment suit against a university

My son attended and played football for a SD University until recently. In March of 2018 he began having problems with his disability, and in turn, issues with the head football coach. I contacted his coach during this time to inform him of the disability. Soon after our conversation the head coach... Read more »

Peter N. Munsing answered on Sep 12, 2018

You would look for a disability rights attorney; check the South Dakota Assn for Justice--they can tell you who in your general area handles those cases, and their members give free consults.

1 Answer | Asked in Bankruptcy and Contracts for South Dakota on

Q: What kind of lawyer would I need because the person that leases farm land hasn't paid rent and has filed chapter 11

Timothy Denison answered on Jul 10, 2018

Bankruptcy attorney who does creditors rights and Chapter 11.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for South Dakota on

Q: travel abroad LPR, misdemeanor for simple possession of 2 oz or less marijuana, 1yr max sentence, inadmissible?

Hello, I am LPR, I am currently a student, I have a misdemeanor for simple possession of 2 oz or less marijuana(Jan 2016), max sentence is 1 year in SD. I received suspended imposition of sentence with no probation. This is my first offense, there is no offense ever since as well. I want to visit... Read more »

Hector E. Quiroga answered on Mar 12, 2018

Yes. The maximum amount you can possess is 30 grams, and 2oz is closer to 50 grams. If you leave you will likely have trouble returning to the US.

1 Answer | Asked in Car Accidents for South Dakota on

Q: I was involved in a charter bus crash. What legal rights do the bus and insurance companys have to withhold my property.

About 2 weeks ago I was a passenger on a charter bus accident that resulted in a fatality of the driver who hit us. The bus company would not allow us to remove of luggage from beneath the bus. It has now been 2 weeks and I have still not gotten back my luggage. The state patrol has told me that... Read more »

Peter N. Munsing answered on Jan 4, 2018

No. Contact a member of the SDak Assn for Justice --they give free consults.

1 Answer | Asked in Traffic Tickets for South Dakota on

Q: I have a residence in Mn. I have a car and insurance and license in Mn. My question is this.

I live in South Dakota most of the time but my vehicle remains here and I insure it through Mn. Is there a problem with this, because I do plan on getting a sd license but the car will remain in mn.

Peter N. Munsing answered on Dec 21, 2017

If you regularly drive it to South Dakota that should be noted. However if it's only used in Mn, is kept there, I don't see a problem.

1 Answer | Asked in Trademark for South Dakota on

Q: We are strictly a local business in SD, and we want to trademark "Handcrafted In the Name of Beer" but "In the Name of..

Beer" is already trademarked by a company in FL, who only does business in FL. Could we trademark ours and be safe? Would we legally have issues or is this allowed?

Benton R Patterson III answered on Nov 17, 2017

You may be able to register a state level trademark, assuming the other company has a state level trademark and not a national level trademark. It is also possible that there may be an error in the other company's trademark filing or that you have superior rights to the mark based on prior use. I... Read more »

1 Answer | Asked in Trademark for South Dakota on

Q: We are wanting to trademark a slogan for our company, "Handcrafted In the Name of Beer" but "In the Name of Beer"

Please remove Q&A.

Karima Gulick answered on Nov 16, 2017

This would most likely lead someone to confusion between the marks and as such, you should probably find a different name.

As always, please read the disclaimers below.

1 Answer | Asked in Car Accidents and Insurance Defense for South Dakota on

Q: Who pays insurance claim for a minor that was in an accident?What happens when the minor becomes 18 & claim isn't paid 4

My parents are refusing to pay for a insurance claim on an accident I was in last year. I caused the accident, I was riding my bicycle and hit a car. The insurance company is asking for money. The letters they send are being addressed to "The Parents of "Minors Name"". My parents just told me that... Read more »

Peter N. Munsing answered on Oct 9, 2017

The parents are technically responsible.You may want to pay it if you can. Start by figuring what the bill was (I'm assuming you are at fault because you say so). If you pay you want a release of all claims.

1 Answer | Asked in Bankruptcy for South Dakota on

Q: I am needing to file bankruptcy. How much does it cost? Can we go from my credit report if I dont have bills?

I am fixing to start getting my wages garnished for hospitals bills totaling over $21000.00. Is there any way to check my credit report so when I file we make sure to do it all. I have student loan debt and know that can't be taken off and I will still have that. How do I go about filing... Read more »

Stuart Nachbar answered on Sep 26, 2017

Get to a local bankruptcy counsel asap. Perhaps he/she can get you an emergency or "bare Bones" filing before the wage garnishment starts. Fees vary in regions. Most counsel will import a Credit Report to make sure everything is listed on the Petition.

1 Answer | Asked in Real Estate Law and Tax Law for South Dakota on

Q: I intend to pay off mortgage on my son's house to prevent mortgage svc company from foreclosing and losing his equity.

Then I want him to sell me the house to me for $1. Problems

Is there a tax problem based on the real value of the property?

Vincent Gallo answered on Sep 19, 2017

Not if everything goes through as planned.

1 Answer | Asked in Estate Planning for South Dakota on

Q: Man's net worth is 375,000 and he resides in SD. Dies, no will, left wife & 2 minor children& 25yr old child w/ diff mom

Kenneth V Zichi answered on Aug 1, 2017

Still potentially too complex to state for sure. Does his net worth include assets in joint name or with beneficiaries, etc.

http://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=29A-2

will answer your question, but you're going to have to dig...
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1 Answer | Asked in Probate for South Dakota on

Q: Dan has 28yr old son with diff person other than w/ his spouse Jan with their 2 minor children. No will. Who inherits?

Dan has a business. Does the 28 year have any right to it?

Kenneth V Zichi answered on Aug 1, 2017

All of the above potentially. It depends on how much value there is in Probate and who else might be owed money.

The laws of intestacy in the state where "Dan" lived will govern, and most states provide spouse and minor children are first in line, but if there are LEGAL children who are...
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1 Answer | Asked in Bankruptcy for South Dakota on

Q: My lawyer retired without finishing my bankruptcy case. How do I get a hold of a certified copy of the dismissal form?

I live in Worthing, SD but I filed it before I moved from Spearfish, SD. I was told to mail the application for bankruptcy release to the Clerk of Courts in Lawrence County in Deadwood, SD. The said to complete it I need to have a certified copy of my bankruptcy dismissal. The employee will not... Read more »

Ray Choudhry answered on Apr 30, 2017

Your question doesn't make sense. Once a lawyer files your bankruptcy case, he is stuck with you until he officially withdraws from the case or the case is dismissed or discharged.

He can't just retire and walk away.

Anyway, assuming your case is dismissed, you need to contact the...
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1 Answer | Asked in Criminal Law for South Dakota on

Q: pictures where taken with consent why else could they charge a person with this

persons were in 6 year relationship and have recently split and female is false reporting

Paul Stanko answered on Nov 5, 2016

What is your question?

1 Answer | Asked in Immigration Law for South Dakota on

Q: Hello, Can I file for green card together with my wife who is now working under TPS status? Thanks

So, my immigration status is F1-opt and working with an opt-EAD. My wife who came to US on F2 visa now is working under TPS-EAD. I also have TPS but not the EAD. Now, I applying for green card under EB2-NIW. My question is can I apply the green card filing together?

Shan Dimitris Potts answered on Aug 3, 2016

You can not apply for a green card for your wife when you do not have one, you did mention you are applying under EB2 but there is no guarantee that your petition might be approved. You can only apply after yours gets approved.

All the best.

-Shan Potts

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