William E Blewett’s Answers

William E Blewett

Sioux Falls Business Attorney.

Contributor Level 7
  1. I have a judgment against my ex-tenants. How do I garnish their wages?

    Answered 7 days ago.

    1. William E Blewett
    2. Dane L Hines
    2 lawyer answers

    I'll answer your second question first; Yes, there is another way, other than garnishment, to collect on your judgment. You can execute on the judgment. This essentially means the sheriff goes out and siezes property or accounts owned by the judgment debtor (and, if necessary, sells them) until an amount sufficient to satisfy the judgment is collected. You'll need to make sure that the judgment is "docketed" in each county where the judgment debtor owns any property. A second way to "...

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  2. Can you put insurance on property that you do not own. The owner is a family member and is not available to sign the papers.

    Answered about 2 months ago.

    1. William E Blewett
    2. Mark D O'Leary
    2 lawyer answers

    The best answer would be for the Owner to execute a Power of Attorney naming you as his attorney in fact. This would allow you to enter into agreements on the Owner's behalf. The powers granted could be as broad as allowing management of all financial matters, or specifically limited to obtaining an insurance policy on this house. A POA can be as simple as a one page document. If you're living in the house, but don't own it, there are insurance options that would be available to you, but...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Question on stipulation & agreement reference in divorce decree

    Answered 21 days ago.

    1. William E Blewett
    1 lawyer answer

    Your question doesn't specify how he's violated the terms of the Stipulation and Agreement (S&A), but you're on the right track as far as what your next step would be. You're right in that if the S&A was approved and incorporated by the Judge in the Judgment and Decree of Divorce, then the terms of the S&A became an Order of the Court. In order to compel your Ex to comply with that Order you'll most likely need to bring a Contempt Motion. (The same Court that granted the divorce has...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Collection agency after civil demand letter?

    Answered 8 months ago.

    1. William E Blewett
    2. Robert J Adams Jr.
    2 lawyer answers

    The simple answer is no, there doesn't have to be a judgment before a debt can be turned over to a collection agency. I agree with the other answerer that for a relatively small sum of $90 you would probably be best off paying that amount and moving on.

    1 lawyer agreed with this answer

  5. Can granddaughter sue grandma and/or dr. for having and IUD implanted without knowledge or consent of granddaughter?

    Answered 8 months ago.

    1. Elizabeth Taylor Herd
    2. David Ian Schoen
    3. Samuel Cohen
    4. William E Blewett
    4 lawyer answers

    Granddaughter needs to talk with a medical malpractice attorney IMMEDIATELY. South Dakota has a two-year limitations period (the time in which any claim must be filed) from the occurrence, as opposed to discovery, of any negligence/malpractice to make a claim against the doctor.

    1 lawyer agreed with this answer

  6. Domestic partner liability

    Answered about 21 hours ago.

    1. William E Blewett
    1 lawyer answer

    There's a lot going on in this question... First, the phrase "domestic partners" makes me wonder if this is a same-sex couple. If so, that raises a whole host of issues since South Dakota currently has a constitutional amendment (S.D. Const. Art. 21, §9) that prohibits civil unions, domestic partnerships, and "other quasi-marital relationships" from being recognized in the state. When it comes to the debt side of the question, the general rule is that absent marriage, a parental...

    1 person marked this answer as helpful

  7. Neighbor is saying he did a survey and our land pins are in the wrong. What is the laws on these?

    Answered 21 days ago.

    1. William E Blewett
    1 lawyer answer

    Property boundary and fence line disputes between are probably one of the oldest legal issues there is. If you're not living on an island surrounded by water then you've got at least a couple borders that are imaginary, usually arbitrary, lines. There's going to be a lot of information that's relevant to the answer that is not found in your question. Is this agricultural land? (I'm assuming not) Residential? Is there a fence along the border your neighbor says is off? How long has it been...

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  8. I know this is unethical, but is it illegal?

    Answered about 2 months ago.

    1. Mark D O'Leary
    2. William E Blewett
    2 lawyer answers

    I agree with the other answer. Based on this information you would have a claim, at the least, for the value of the additional superintendent duties you took on based upon his representation. I'd be happy to refer you to an attorney in Rapid City who has experience handling issues like these. Please contact me if you'd like his name.

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  9. Can I choose where my child goes in case something happens to me even though father is on birth certificate

    Answered about 22 hours ago.

    1. William E Blewett
    1 lawyer answer

    This is a question that I've seen come up quite a bit lately. The answer to your question is complicated. Ordinarily it is the presumption of the law that it is in the child's best interest for a biological parent to have custody. In the majority of cases if something happens to one parent, the other biological parent will be given custody of the child. That being said, the test is always what's in the child's best interest. If a biological parent is not a fit and proper parent, someone else...

  10. Cashing a co-workers check penalty

    Answered about 22 hours ago.

    1. William E Blewett
    1 lawyer answer

    SDCL §22-39-36 -- Any person who, with intent to defraud, falsely makes, completes, or alters a written instrument of any kind, or passes any forged instrument of any kind is guilty of forgery. Forgery is a Class 5 felony. SDCL §22-39-38 -- Any person who, with the intent to defraud, possesses any forged instrument with the knowledge that the instrument has been forged is guilty of possessing a forged instrument. Possessing a forged instrument is a Class 6 felony. A Class 5 felony carries a...