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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
I was charged with vehicular battery, the judge ordered a suspended imp of sentence and granted me a restricted work permit to go to work/medical app.. I finished the probation period and the case is sealed. Now I’m trying to renewal my restricted permit because I have a new insurance. I went to... View More
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answered on Oct 1, 2024
How long were your driving privileges revoked for? Was it longer than for the probationary sentence? If no, then you should be able to apply to have your driving privileges reinstated. If yes, then you may need to explore a sentence modification that would allow you to have a work permit during the... View More
answered on Aug 8, 2024
A South Dakata attorney could advise best, but your question remains open for two weeks. I'm sorry about your child's accident. It sounds like you proceeded correctly with the at-fault driver. Your question leaves off there - it's possible that part of your post got cut off. It... View More
I am homeless and on foot, I cannot use mail to report misconduct to the bar, and they do not accept any other method for complaint. The judge told me I couldn't fire the lawyer and get another one, and in jail i repeatedly tried to fire the guy, but he forcefully remained my counsel saying i... View More
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answered on Jul 21, 2024
To get a fair trial, you need to ensure your rights are protected, even in challenging circumstances. Start by documenting everything that has happened to you, including your attempts to fire your lawyer, the conditions imposed by the judge, and any misconduct or mistreatment. This documentation... View More
When my ex and I filed chapter 7 in 1996 it included a credit card dept from our credit union. They said at the time if we ever wanted to bank there again we'd need to pay off the debt. I and my son want open joint accounts there now, but my landlady says if I repay a debt from the bankruptcy... View More
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answered on Jun 19, 2024
No, your landlady is mistaken. Paying off a debt that was discharged in a Chapter 7 bankruptcy will not reactivate the other debts that were also discharged in that bankruptcy.
When you received a discharge in your Chapter 7 bankruptcy in 1996, it permanently eliminated your legal... View More
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answered on Jun 15, 2024
If you're a female and a male jailer made you do a urine analysis (UA), it's important to know that this might not follow standard protocols. Typically, female inmates should be supervised by female officers during such procedures to ensure privacy and comfort. This practice helps... View More
My 10 year old was present when the city park was vandalized. It was caught on the city cameras and reported to the police. We were never notified but a city worker took the surveillance videos with my child in it and showed it to other town members at the local bar. A family member heard about... View More
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answered on Apr 16, 2024
In the United States, children have certain rights to privacy, especially when it comes to their involvement in crimes or legal matters. Here are some key points:
1. Confidentiality: Juvenile court records are generally kept confidential to protect the child's privacy and future... View More
Does case become dismissed?
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answered on Mar 26, 2024
If you haven't waived your right to a speedy trial and it has been over 90 days, the situation may vary based on the laws in your jurisdiction and the specific circumstances of your case. Generally, the right to a speedy trial is protected by law to prevent undue and lengthy pretrial... View More
This happened in South Dakota I cannot get my files back he took a $6,000 and abandoned me and retired didn't tell me lied to me and I cannot find my files which are in some storage shed somewhere he was an attorney for many many years in Watertown South Dakota and I'm not going to stop... View More
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answered on Mar 17, 2024
In situations like yours, it's crucial to first reach out to the local bar association in South Dakota for guidance and assistance. They can provide you with advice on how to proceed, including whether you can file a complaint against the attorney for professional misconduct. They may also... View More
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answered on Mar 11, 2024
The answer depends on several factors, and a definitive conclusion would require a thorough legal analysis by an intellectual property attorney. However, here are some general considerations:
1. Similarity of the marks: "Mr.Tire" and "Mr Tire and Service" are very... 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 have a felony conviction in Minnesota from 2010, I completed the terms of my sentence in June of 2011. About two years ago I was granted a restoration of my firearm rights by a judge in Minnesota. I currently live in South Dakota and I was wondering if South Dakota will honor the firearm rights... View More
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answered on Feb 24, 2024
Whether your restoration of firearm rights in Minnesota will transfer over to South Dakota depends on the specific laws and reciprocity agreements between the two states. While some states may recognize restoration of firearm rights granted by another state, others may have their own criteria or... View More
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answered on Feb 9, 2024
In South Dakota, it is generally legal to record your own telephone conversations if you are one of the parties involved in the call. South Dakota law follows the federal wiretapping statute, which is a "one-party consent" law. This means that at least one party involved in the... View More
Q: I have been trying to find out information about my identity being stolen and having my life threatened in jail.
I had a hypoglycemic episode in Brule County Jail. The chief of police didn't call the ambulance for 3 hours and spilled a can of soda on my hands to make my bloodsugars... View More
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answered on Jan 31, 2024
Experiencing medical neglect while in custody, especially when it leads to a life-threatening situation like the one you described with your diabetes, can indeed be grounds for taking legal action. The failure of law enforcement officials, including the chief of police, to provide necessary medical... View More
I had a hypoglycemic episode in Brule County Jail. The chief of police didn't call the ambulance for 3 hours and spilled a can of soda on my hands to make my bloodsugars read above 500 when they were below 30. I am under a watchful eye by the local authorities and the people who benefit from... View More
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answered on Jan 30, 2024
The situation you describe raises serious concerns regarding the treatment you received while in custody, and the subsequent impact on your life. It's important to understand that everyone has the right to proper medical care and humane treatment, especially when in the custody of law... View More
My Boyfriend & I were having a disagreement about child support. I seen his hand placed inside his jacket, I asked him to take his hand out & when he did he had his gun in his hand lowering it to his side. Never pointed at me or made reference to it. I told him to put his gun away & he... View More
answered on Jan 17, 2024
This matter is largely out of your hands. The decision as to whether to move forward on a case that has been charged belongs to the prosecutor. You may certainly speak to the prosecutor as you are an essential witness. However, the prosecutor can still make a judgment as to whether or not they... 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
Wondering what steps we can take to get our $1000 deposit back. We have given them 3 weeks to return it or to give us reason they would need to keep it. We have received none of that. Is small claims the next step to take? Or are there other options or additional legal recourse we can take.
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answered on Dec 27, 2023
In South Dakota, if it has been three weeks since the end of your lease and your $1000 deposit has not been returned, you may consider pursuing legal recourse. First, document all communication regarding the deposit return, including any requests and the landlord's responses. If you have... View More
Is it legal for them to refuse to give me credit for this "new" material?
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answered on Dec 20, 2023
If you purchased a license for a product from a company in South Dakota, and they are discontinuing it while introducing a similar one called "Validated," whether they are legally required to provide you with credit for the new material depends on the terms of the original license... View More
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