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 14 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

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  3. Question on stipulation & agreement reference in divorce decree

    Answered 27 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...

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  4. I work in South Dakota for an LLC headquartered in California. Does my company need to provide worker's comp insurance for me?

    Answered about 14 hours ago.

    1. William E Blewett
    2. John M Connell
    2 lawyer answers

    In the strictest sense of the word, SD does not "require" employers to provide worker's compensation insurance. However, in effect -- it's basically required. Virtually all employers are required to "secure the payment of compensation to the employer's employees...." That's almost always done through what you've called worker's comp insurance. Some employers may be excluded from the insurance requirement if they prove to the state that they are sufficiently solvent to qualify as a self-...

    1 lawyer agreed with this answer

  5. How much can Social Services legally take out of someone's paycheck for Child Support and arrears?

    Answered 6 days ago.

    1. William E Blewett
    1 lawyer answer

    For support orders the maximum is 50% to 65% of the individuals disposable earnings per week, depending on the specific situation.

    1 lawyer agreed with this answer

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

    Answered 8 days ago.

    1. William E Blewett
    2. Kylie Marie Riggins
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

  7. 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

  8. 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

  9. In which state is a Contract for Deed probated (the state where property is located or where the buyer resided)?

    Answered 5 days ago.

    1. William E Blewett
    1 lawyer answer

    Until the contract for deed is fully paid the buyer ("vendee") doesn't own the property. They have only a contingent future interest in the property. The contract may have provisions making it enure to the benefit of the vendee's heirs, or could also result in a forfeiture. That's going to depend. So the probate attorney is probably right, but SD law would still likely govern the contract for deed itself. If the contract had been fully performed (all payments made) it would have to have been...

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  10. Domestic partner liability

    Answered 8 days 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