Utah Questions & Answers
Q: Is it legal for signed military doccuments to not be sent up the chain of command?
1 Answer | Asked in Military Law for Utah on Mar 7, 2015
Answered on Apr 2, 2015
Philip D. Cave's answer
If you are facing a DD, that means you are pending general court-martial for some serious allegations.
Yes, an administrative elimination can be stopped if he intent is to conduct a court-martial or other disciplinary action.
If instead of a GD they are now seeking an OTH, then you should speak with the local military defense counsel for advice on contesting at a Board hearing, etc. They can represent you for free.
Q: I have taken care of my husband he has just been released to go back to work he has over come cancer and now he wants
Craig L. Pankratz's answer
Whether you are entitled to anything depends on the circumstances surrounding your marriage. Generally, property is split as equally as is possible. Alimony is available in Utah depending on your standard of living during marriage, your ability to earn enough to live at that same standard of living, and your husband's ability to pay.
Q: For someone to be caught shoplifting do they have to catch them before they leave the store
Craig L. Pankratz's answer
No. It is not necessary to catch the person before they leave the store.
Q: If you are extradited from one state to another one do you have to do probation still in the first state
Carl Norman Anderson III's answer
When you were extradited, California relinquished their right to hold you, but they did not relinquish their right to supervise you. If your sentence included a term of probation or if a condition of your release was parole, then California has the right to supervise and can issue a bench warrant for your failure to comply with that supervision. However, you should contact an attorney in order to determine if California would agree to allow you to comply with probation in Utah or if they...
Q: Is 41-6a-904(2)(A) an infraction or misdemeanor?
Carl Norman Anderson III's answer
A violation of 41-6a-904(2)(A) is a class C misdemeanor.
Utah Code Ann. 41-6a-202 states that any violation of Chapter 6a is either a class C misdemeanor or an infraction, unless it is specifically provided otherwise in the statute allegedly violated. Violations of Parts 2, 11, 17, and are infractions. Violations of any other Part is a class C misdemeanor. The first number of the third group of numbers of the statute identifies the Part. In this case 41-6a-904 is found in the 9th...
Q: is their a waiting period after filing chapter 7 and I can receive an inheritance or file in small claims court
Robert Keyes' answer
Any inheritance you are entitled to in the 180 days after the case was filed (not discharged or closed) must be reported to the trustee who handled the case. You don't have to have actually received anything. You just have to have the right to receive it so you cannot just put off getting the inheritance for 180 days. If the case in small claims court is a result of something that happened after you file the answer is no.
Q: How long does a case take to be litigated if a lawsuit is filed in personal injury case in utah
George Tait's answer
It depends - but if you file a case and go all the way through trial it should be completed within about 18 months.
Q: Can my spouse divorce me from Mexico while I am in Utah
Spencer Richard McMullen's answer
Yes the spouse can start the process in Mexico but to serve you properly will be a bit of a hassle and expensive due to needing a letter rogatory and having to translate the papers and follow the guidelines of the Hague Service Convention
Q: My neighbors great Dane attacked my chihuahua and the great Dane was not on leash can I sue
1 Answer | Asked in Animal / Dog Law for Utah on Jun 23, 2014
Answered on Jun 24, 2014
Charles Snyderman's answer
In order to answer your question, we need to know where the dogs were at the time of the attack.
Q: Can my husband's ex wife claim old child support if she forgave our debt years ago? She is not claiming. Just curious.
Cory Hundley's answer
There is certainly a chance she will be able to enforce the unpaid child support. In Utah, child support is determined by statute, not by agreement, and the child support obligation is based on the current order of a court. If you have not modified the order based on reduced income or change in circumstances, then the originally ordered amount still applies. Additionally, unpaid child support can be pursued even after a minor child becomes an adult. She could potentially pursue the unpaid...
Q: My daughter bankrupted her student loan.I was a co-signer.I now have to pay.what can I do? She should pay it.
Andrew Bresalier's answer
A: The Discharging of Student Loans is extremely rare. As with any debt that involves a co-debtor, the co-debtor owes just like the original debtor. There is no special class because you are a co-signer, you can be sued just the same, and even before the other party. Generally, the Creditors go after the deepest pockets. I would suggest you pay, as federally backed student loans have no requirement for Due Process. Thus, they do not have to sue you to take your stuff.
Q: How can someone else have a promisesary note against someones home that has nothing to do with the loan between them???
Andrew Bresalier's answer
A: There are lots of reasons, the simplest is that it was given to him for some reason that you have not been advised, or that it was gifted/purchased from someone else.
Q: If an original debt is beyond the statute of limitations, how do I get the third party collectors to remove it?
Andrew Bresalier's answer
A: The counting of time for the Statute of Limitations (SOL) goes from the last payment, not when the debt was incurred. If the SOL has expired (tolled) from your last payment, you should tell the collector to take a walk. SOL is not an absolute bar to suit. If they sue you, you should raise SOL as a Defense. Additionally, a SOL is shorter than the period permitted to list something on a credit report, so even if the SOL has tolled, it may still correctly appear on your credit report.
Q: I sent my discharge paperwork to the court about a year ago, but have not received a discharge yet. What can I do?
Andrew Bresalier's answer
A: Contact the Clerk and find out what is the delay.
Q: Does anyone know information about the Homeline Furniture Inds., Have they filed for bankruptcy yet?
Andrew Bresalier's answer
A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.
Q: I have approximately $15000 in Credit Card debt and $7000 in medical debt is bank ruptsy the right answer for me?
Andrew Bresalier's answer
A: Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you could lose personal property such as a car). Most attorneys provide a free initial consult and discuss these matters, along with the best chapter for you.
Q: How does bankruptcy work with back taxes and tax liens.
Andrew Bresalier's answer
A: Income Taxes are not dischargeable. Property taxes can be discharged, but the taxes still attach to the property and the Collector can proceed In Rem (against the taxed item).
Q: Can I file bankruptcy with out a lawyer. If so how?
Andrew Bresalier's answer
A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.
Q: Is it illegal in the state of Utah for one motel to call another to drum up business?
Douglas J. Shumway's answer
Depending on the method utilized to "drum up business" there may or may not be any liability. There are a number of causes of action that most lawyers would be able to think of depending on what was said and sometimes even how something was said. Damages would be difficult to prove and the attorney's fees would probably be outrageous so the motel losing business would probably never really pursue the claims. If you own or work at the motel that is losing business because of the actions of...
Q: The buyers backed out of purchasing my home 2 days before the closing date. Do i have to give their earnest money back?
1 Answer | Asked in Real Estate Law for Utah on Sep 10, 2013
Answered on Jan 29, 2014
Douglas J. Shumway's answer
Whether or not you need to give the earnest money back would be wholly dependent on the terms of the REPC. Most purchase contracts would allow the seller to keep the earnest money if the buyer backed out two days before the closing was supposed to occur, but you would want a real estate lawyer to look at that before taking too aggressive a position on the issue. Most real estate lawyers will do a free consultation so don't hesitate to call around a bit to find one that fits your situation and...