Ohnstad Twichell, P.C.Ohnstad Twichell, P.C.2026-06-22T20:08:21Zhttps://www.ohnstadlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1602796/2021/07/cropped-Ohnstad-Site-Icon-min-32x32.jpgOn Behalf of Ohnstad Twichell, P.C.<![CDATA[What happens when a vendor breaks a business agreement]]>https://www.ohnstadlaw.com/?p=507622026-06-09T19:24:01Z2026-04-17T19:23:45ZA vendor that fails to deliver on a contract can quickly turn a routine business relationship into a legal concern. Missed deadlines, defective goods or halted services often lead to financial losses and disputes over responsibility.
When these problems escalate, you may find yourself reviewing contract terms to determine whether a breach occurred and what options exist for recovery. In many cases, the way the agreement is written will shape whether the issue stays informal or turns into a formal legal dispute.
When things start to slip
At first, a vendor issue may seem like a temporary setback. However, when a vendor fails to meet contract terms, the impact often spreads through multiple parts of your operations. Production may slow, customers may receive delayed orders and refunds may start to add up. As pressure builds, securing a replacement vendor often becomes necessary, sometimes at a higher cost and under tighter deadlines.These disruptions usually bring the contract itself into focus. A delivery schedule, quality requirement or service standard can determine how parties assess the breach. If the agreement includes penalties or cost adjustments, those provisions may also shape how you calculate losses.As these details come into view, legal assistance can help align the facts with the contract language and clarify what remedies may apply in your situation.
What may come next
Once a vendor issue starts affecting operations, the focus often shifts toward resolving the situation. Several possible legal pathways may come into play depending on the contract terms and the severity of the breach.These often include:
Reviewing contract clauses tied to breach, notice requirements and damages
Sending formal notice that identifies the missed obligations and resulting impact
Negotiating revised performance terms or a settlement to limit further losses
Seeking recovery of financial damages tied to delays, defects or nonperformance
Using mediation or arbitration when the contract requires alternative dispute resolution
In North Dakota, vendor agreements involving goods often fall under the Uniform Commercial Code. This framework helps define whether a breach occurred and how damages get measured, especially when performance failures lead to measurable financial loss. Courts in the state also rely on basic contract principles, including whether a valid agreement exists, whether a breach occurred and whether that breach caused damages.
When the contract takes center stage
As a vendor dispute develops, the issue often moves from day-to-day disruption to a closer review of the agreement itself. At that point, the contract becomes the key reference point for identifying what went wrong and how you can evaluate responsibility. The way those terms apply can shape whether the matter stays at a business level or turns into a formal legal dispute involving financial recovery.]]>On Behalf of Ohnstad Twichell, P.C.<![CDATA[How do small claims differ from other civil cases in ND?]]>https://www.ohnstadlaw.com/?p=506612026-02-10T07:00:45Z2026-01-30T15:21:30ZIf you have a legal dispute in North Dakota, you may wonder whether small claims court fits your situation or if another civil court makes more sense. Each option follows different rules, limits, and timelines. Understanding the differences helps you decide where your dispute belongs before you file.
What qualifies as a small claims case
Small claims court in North Dakota handles disputes involving limited dollar amounts. State law sets the maximum claim at $15,000, which makes small claims most suited for issues like unpaid bills, minor property damage, or simple contract disputes. Claims that exceed this amount usually move to district court.
How procedures differ from district court
Small claims court uses simplified procedures designed for efficiency and accessibility. The process limits formal pleadings, technical rules of evidence, and extensive motion practice. District court civil cases follow formal rules of civil procedure and allow broader legal arguments, discovery, and pretrial motions.
Time, cost, and preparation differences
Small claims cases often resolve faster and cost less than other civil cases. Filing fees stay lower, hearings occur sooner, and parties typically present their evidence in a single appearance. District court cases often take longer due to discovery, depositions, and written motions, which increases both preparation time and expense.
Choosing the right court for your dispute
The value and complexity of your claim usually determine the right court. Small claims court works most for straightforward disputes with limited damages, while district court offers more tools for higher-value or complex cases. Knowing these differences helps you approach your case with clear expectations. Understanding the court process ahead of time can also reduce delays, limit unnecessary costs, and help you prepare the right documents for your hearing.]]>On Behalf of Ohnstad Twichell, P.C.<![CDATA[What happens if you ignore a civil lawsuit in North Dakota?]]>https://www.ohnstadlaw.com/?p=505592026-06-09T16:55:26Z2025-09-13T16:53:55ZWhat qualifies as a small claim in North Dakota?
In North Dakota, small claims involve disputes over amounts up to $15,000. These cases can include issues like unpaid debts, property damage, or breach of contract. If the amount in dispute exceeds $15,000, the court will handle the case in a higher court.
How do you file a small claim in North Dakota?
To file a small claim, you need to fill out a simple form, which you can find at your local courthouse or online. Once you complete the form, file it with the court and pay a small filing fee. The court will schedule a hearing, typically within a few months, depending on the caseload.
What happens during the hearing?
During the hearing, both parties present their evidence and make their case before the judge. Small claims court does not use juries. The judge will usually issue a decision right after hearing both sides. In some cases, the judge may request more information and issue a ruling later.
Can you appeal a small claims decision?
If you disagree with the court's decision, you can appeal it to a higher court. However, most small claims cases are straightforward, and appeals are rare. If you decide to appeal, you will need to follow the formal procedure for appeals in North Dakota, which involves additional fees and paperwork.
Resolving small claims disputes in North Dakota allows individuals to pursue justice in a more straightforward manner. Whether you're the plaintiff or defendant, understanding the process can make navigating the legal system easier.]]>On Behalf of Ohnstad Twichell, P.C.<![CDATA[How to make sense of an IRS letter]]>https://www.ohnstadlaw.com/?p=496432026-02-10T07:00:18Z2025-05-28T08:42:48ZWhy would you get a letter?
The most common reasons the IRS would send you a letter include:
Balances
Refunds
Tax return questions
Identity verification
Additional information request
Return changes
They may also update you about delays in returns, so you must understand your letter, so you can take the appropriate action.
How should you read it?
You should read your letter carefully because it will have a lot of important information. For example, if they are notifying you of a return change, take a look at your original return and the new information they have provided to see what has changed.
How do you respond?
A lot of notices will require that you respond before a specific date, which you must act within to preserve your right to appeal the notice and avoid any late penalties. You can respond with the appropriate action by mail, fax or online.
How do you pay?
If you owe a balance, pay it, even if you can only start with a partial payment. If you want to pay the full amount, you can do so online, or request an Offer in Compromise. That can reduce the amount you owe upfront.
Remember to check your letter and ensure that it came from the IRS. When it comes to certain matters, you might need to get third-party help, such as with an audit, to ensure you are protecting yourself financially.]]>On Behalf of Ohnstad Twichell, P.C.<![CDATA[What are the dangers of undue influence while making a will?]]>https://www.ohnstadlaw.com/?p=496792026-02-10T07:00:02Z2025-04-06T16:17:29ZFeeling overwhelmed
Undue influence is a coercive force that can compromise the free will of an individual. It arises when an external party exerts pressure or manipulation to sway the testator's decisions.
Older people with depression, which amounts to over 2 million Americans aged 65 or older, are at risk for this manipulation. Common scenarios involve family members, caregivers or those in positions of power who exploit their influence to benefit themselves or others.
Struggling with autonomy
One aspect of undue influence is its capacity to erode the autonomy of the testator. As the pressure increases, the individual may find themselves succumbing to the wishes of others. This leads to a will that reflects the desires of the influencer rather than the genuine intentions of the testator.
This erosion of autonomy undermines the very essence of creating a will. It is a personal act that should include the wishes and values of the one making it.
Noticing estrangement and family discord
Undue influence can sow seeds of confusion and anger within families. When certain family members exert undue influence to change the distribution of assets, it can lead to resentment among heirs. The aftermath may involve legal battles and emotional turmoil. This harms the familial bonds in the time after a loved one's passing.
This influence can lead to intense feelings of stress. With all the worry that estate planning can bring, staying calm while dealing with a manipulative person is important.]]>On Behalf of Ohnstad Twichell, P.C.<![CDATA[What are the stages of a civil lawsuit?]]>https://www.ohnstadlaw.com/?p=503572026-06-09T16:52:35Z2024-11-14T17:49:39ZFiling the complaint and serving the defendant
The first stage begins with the plaintiff (the person initiating the lawsuit) with the court. The complaint outlines the legal claims and the relief sought from the defendant(s). In North Dakota, the plaintiff must follow the North Dakota Rules of Civil Procedure when filing the complaint. Once filed, the plaintiff must arrange to have the defendant served with the complaint and summons, formally notifying them of the lawsuit. Plaintiffs may need to hire a professional process server or seek the assistance of the county sheriff to effect proper service on all parties.
After the defendant(s) have been served, they are required to submit an answer within a certain amount of time, which may vary depending on the location of the defendant. After the complaint and answer are on file with the court, a scheduling conference is usually held at the court’s or the parties’ request.
Discovery phase
After the initial filing and scheduling conference, the discovery phase begins (which may be tied to specific dates in the court’s scheduling order). The discovery process requires each party, upon request of another party, to exchange information relevant to the case. This may include documents, written questions (interrogatories), or depositions (formal questioning under oath). In North Dakota, Rule 26 of the North Dakota Rules of Civil Procedure governs the general discovery process. This stage can take several months and involve large numbers of documents (thus increasing legal costs), depending on the complexity of the case.
Pre-trial motions and settlement negotiations
Before a trial begins, both parties may file pre-trial motions to resolve specific issues or seek dismissals. For instance, a party can file a motion for summary judgment, asking the court to rule in favor of one party based on the evidence and without having a trial. Additionally, settlement negotiations often take place during this stage to resolve the case without a trial. In North Dakota, arbitration or mediation is encouraged in many civil cases to settle disputes amicably and cost-effectively.
Trial and verdict
If the case doesn’t settle, it moves to trial in accordance with the scheduling order issued by the Court. Both sides present evidence and arguments before a judge or jury. The trial may last several days, depending on the case's complexity. In North Dakota, civil trials usually involve a jury unless both parties agree to a bench trial (decided by a judge). Once both sides have presented their cases, the judge or jury deliberates and delivers a verdict.
Post-trial motions and appeals
After the trial, either party may file post-trial motions to challenge the verdict, such as a motion for a new trial. If no resolution occurs, either side can appeal the decision to the North Dakota Supreme Court, which is the only state court with appellate jurisdiction in North Dakota
Note that post-trial motions and appeals carry specific deadlines and requirements which are important to know. An attorney can help you understand this process and assist in navigating you through it. Many parties seek new or different legal representation during the post-trial stage in order to handle their appeal. The litigation team at Ohnstad Twichell can help with post-trial procedures and appeals, even if we did not assist with your initial case, and we have several attorneys who have successfully argued before the North Dakota Supreme Court.
Conclusion
Understanding these stages, whether with an attorney or without, can help you work through a civil lawsuit in North Dakota and give you insight into what to expect throughout the process, including court procedures and typical costs of litigation.
This article is for educational purposes only and is not intended to be used as legal advice.]]>On Behalf of Ohnstad Twichell, P.C.<![CDATA[How does the ND court system handle small claims disputes?]]>https://www.ohnstadlaw.com/?p=504952026-06-09T16:39:22Z2024-06-09T16:23:56ZWhat qualifies as a small claim in North Dakota?
The laws governing small claims court in North Dakota are codified in chapter 27-08.1 of the North Dakota Century Code. In North Dakota, small claims involve disputes in which the amount at issue is $15,000 or less. These cases can include issues like unpaid debts, property damage, or breach of contract. If the amount in dispute exceeds $15,000, or if you seek some type of injunctive relief (e.g., a temporary restraining order), the case may not be filed in North Dakota Small Claims Court and should be filed in district court or another appropriate forum instead.
How do you file a small claim in North Dakota?
To file a small claim in North Dakota, you need to fill out a number of simple forms (including the Claim Affidavit), which you can find at your local courthouse or online. You may also submit exhibits as evidence supporting your claim.
Once you complete the necessary forms, you will file them with the appropriate court and pay a small filing fee. The small claims forms on the North Dakota website can help you decide which court is the correct court to file in, depending on the facts of your case. Note that you are considered under oath when submitting any affidavits to the court, and you are submitting your signed Claim Affidavit under penalty of perjury.
Once the court accepts your filings, you will need to arrange to have the Claim Affidavit and other required forms (also found on the North Dakota Small Claims Court website) served on the defendant(s). If you are suing more than one individual or entity, each defendant must be served with the required forms. You may need to hire a process server or request the sheriff to serve the papers on all necessary parties.
Potential Risks of Small Claims Court
An important consideration when deciding whether to bring a small claims action is that the plaintiff (the person who files the small claims action) may not change his or her mind and decide to file in district court after filing their claim in Small Claims Court. The defendant(s), on the other hand, have the option in most cases to remove the action to district court, which they accomplish by filing a form within a certain time of being served. Be aware that filing fees and legal costs may be more substantial in district court, and the rules are more stringent and more difficult to navigate without an attorney. If the defendant does remove the case to district court and loses, the court must award the prevailing plaintiff his or her attorney’s fees (including if the defendant who removed the case to district court also loses a subsequent appeal).
Again, these are important considerations for which you may want to seek preliminary legal advice, even if you ultimately decide to try the case yourself.
If the defendant(s) consent to having the case heard in Small Claims Court and request a hearing, the court will schedule an informal hearing, typically within a few months, depending on the caseload.
What happens during the hearing?
All parties must appear at this hearing, including any witnesses you wish to have testify on your behalf. During the hearing, all parties present their evidence and make their case before the judge. Small claims court does not use juries. In some cases the judge will issue a decision “from the bench” (i.e., immediately after hearing both sides). In other cases, the judge may request more information and issue a ruling later.
Can you appeal a small claims decision?
No; by choosing to litigate your claim in North Dakota Small Claims Court, you are waiving your right to appeal the court’s decision. Some extraordinary remedies may exist for unique cases, but these cases are rare and require exceptional circumstances.
Conclusion
Resolving small claims disputes in North Dakota allows individuals to pursue justice in a more straightforward manner but does not come without some risks. Whether you are the plaintiff or defendant, understanding the process can make navigating the legal system easier. If you are seeking a simple answer as to whether to proceed on your own in Small Claims Court or whether your case is more appropriate for district court and more involved legal assistance, our attorneys can help provide the level of assistance you require.
This article is for educational purposes only and is not intended to be used as legal advice.
]]>by Ohnstad Twichell, P.C.<![CDATA[New Federal Reporting Requirements for Business Entities]]>https://www.ohnstadlaw.com/?p=497502024-02-07T15:20:37Z2024-02-05T22:22:34Z
COMPANY
EACH BENEFICIAL OWNER
APPLICANT
Full Legal Name
Full Legal Name
Full Legal Name
Address
Date of Birth
Date of Birth
Jurisdiction
Address
Address
Tax Identification Number
Government Issued Photo ID
Government Issued Photo ID
According to the Treasury Department, reported information will be stored in a secure, non-public database using rigorous information security methods and controls typically used by the Federal government to protect non-classified yet sensitive information systems.
Our team at Ohnstad Twichell, P.C. is prepared and ready to assist with the completion of this new reporting requirement. If you would like our team to prepare and report the required information on your behalf or if you have any questions or concerns, please contact our office at (701) 282–3249 and ask to speak with either Samantha Shulda, Amy White, or Gayle Henderson.
]]>On Behalf of Ohnstad Twichell, P.C.<![CDATA[What traits matter in your personal representative?]]>https://www.ohnstadlaw.com/?p=496452023-08-29T12:29:35Z2023-08-29T12:29:29Zpersonal representative handles notifications to creditors, settlement of creditor accounts and fulfilling your final wishes. Personal representatives also manage the probate process.
There are qualities to look for that make a strong personal representative.
Reliability
A reliable personal representative is one you trust to fulfill their obligations according to your wishes. Choose someone with a proven track record of completing tasks, even with delays. Remember that the probate process sometimes takes time to complete and the personal representative must follow through.
Authority
Some of your beneficiaries may disagree with the way that you want your estate distributed. The personal representative of your estate needs an air of authority to stand up and clearly defend your wishes, especially if someone contests the will.
Organization
Organization is key when handling any estate settlement. Creditor notifications, final statements and payments, court filings and other records can overwhelm a personal representative who lacks organizational skills. Choose someone who can keep everything in order.
Capacity
Perhaps one of the most important traits to consider is capacity. A personal representative with too much on their plate is likely to let things slip through the cracks, even unintentionally. Choose a personal representative with the time and capacity to commit to the process.
These are important traits of a successful personal representative. Consider these points and any personally relevant factors as you make your choice for the personal representative of your estate.]]>On Behalf of Ohnstad Twichell, P.C.<![CDATA[4 tax implications of working contract jobs on the side]]>https://www.ohnstadlaw.com/?p=493892023-04-27T12:57:05Z2023-05-05T12:56:21Z1. Self-employment taxes
Depending on the types of contract jobs and your employment on the side, the Internal Revenue Service may classify you as a self-employed independent contractor for tax purposes. You still are responsible for paying Social Security and Medicare taxes. Since you do not receive a traditional paycheck from which to deduct these taxes, you pay them when you file your return.
2. Estimated tax payments
Along with the self-employed taxes, you must fulfill your requirements to the IRS by making quarterly estimated tax payments throughout the year to cover your income tax and SE tax. Failing to do so may subject you to penalties and interest charges.
3. State and local taxes
In addition to federal taxes, you likely also have to pay state and local taxes on your self-employment income. It's important to learn the tax laws in your area or work with a professional to ensure you comply with all tax obligations.
4. Deductible expenses
One benefit of working a contract job is that you may deduct certain expenses related to your self-employment income. For example, your office supplies, software, internet and advertising costs. Keep detailed records and only make deductions directly related to your self-employment or freelancing income.
Working a contract job can provide additional income to your traditional W-2 employment and understanding the tax implications involved will help keep it a positive experience.]]>