Utah Questions & Answers by Practice Area
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- Gov & Administrative Law
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- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
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Utah Questions & Answers
Q: My wife took my child out of state, filed for divorce. Could the court make her live in Utah so I can see my child?
1 Answer | Asked in Divorce and Family Law for Utah on Sep 4, 2015
Answered on Sep 4, 2015
Robert Jason De Groot's answer
Probably yes, but you need to get an attorney on your side.
Q: If a neighbor builds a wall separating your two houses with out consulting you on it, are you required to pay half?
1 Answer | Asked in Construction Law for Utah on Sep 4, 2015
Answered on Sep 4, 2015
Robert Jason De Groot's answer
This is what is called a unilateral act. People are usually completely responsible for their unilateral acts. But the very best thing to do is to go see a local real estate attorney for specifically tailored legal advice.
Q: Car broke down no money or way to turn myself in at wasatch county jail. Wife gets paid friday what do I do
Brian K Jackson's answer
Get there as soon as you can and get that sentenced served. Any delay could make your situation worse since you are now in contempt of the order of the court.
Q: Can I file a request to work with the landlord/apartment complex only and not their collection attorney?
Jefferson S Cannon's answer
You cannot obligate the creditor to not use an attorney. It is one of their rights. The attorney office will handle the collection of the debt unless the client decides to withdraw the file.
Q: do I need us dot numbers if a contractor taking material to my job site in a truck rated at 11400 lbs. gvwr
Robert Jason De Groot's answer
It is not your truck, right? I do not understand why you would need dot numbers for a truck that belonged to an independent contractor who is delivering materials.
Q: What legal action can i take against my landlord for not taking care of the cockroaches in my apartment.
Robert Jason De Groot's answer
Do an internet search for \"landlord responsibilities in Utah\" and you might find some interesting results. You might also consider reading the statutes on this topic.
Q: Can I successfully sue for the August rent I paid and my security deposit in small claims court?
1 Answer | Asked in Landlord - Tenant for Utah on Aug 7, 2015
Answered on Sep 1, 2015
Jefferson S Cannon's answer
There may be more facts here but based on what is presented I would say no. This is due to the fact that your lease was for one year and you had agreed to that. Unless there was some different clause in your agreement regarding early termination, a landlord is not responsible to make reparation for your breaking the lease. The security deposit needs to be addressed separately. Typically in leases agreements, the security deposit has a clause that will cover any damage or necessary cleaning...
Q: My boss doesn't post our work schedules in advance and I never know if they need me to work on Monday of the next week.
Jefferson S Cannon's answer
While frustrating it\'s not illegal.
Q: My estranged husband just got engaged
1 Answer | Asked in Divorce and Family Law for Utah on Aug 21, 2015
Answered on Sep 1, 2015
Jefferson S Cannon's answer
I assume you are asking if there is a way to stop him from having another child but you may be asking something else. First off my condolences on your situation and the passing of your daughter. Second, it would be almost an impossible legal battle to force your estranged husband to not have children. Procreative rights are a very difficult subject in the courts and your agreement would probably be seen as an agreement between the two of you and not others. Suppose for example the other two...
Q: Am I required to disclose my previous identity on job applications for the government?
Jefferson S Cannon's answer
If you have legally changed your name and are following the advice of your case worker then you may be ok but for law enforcement jobs a comprehensive background check is always performed. I don\'t know if they have special access to records that would allow them to conduct a deeper search of your background but they may be able to trace records that way. Another factor to consider would be whether there was anything from your past under the other identify that would disqualify you from that...
Q: Should I take this to court or sign a stiputlation of judgement
Jefferson S Cannon's answer
Yes the Plaintiff would have an opportunity to bring in the agreement at a later date. With this being said, if you want to settle the debt, you should contact the attorney\'s office and make a settlement offer. Most Plaintiff\'s/Creditors are more than willing to try and work out settlement arrangements right now. Especially on sold debt.
Q: Can a civil judgement be put on you when no attempt to contact was ever done?
Jefferson S Cannon's answer
Hard to say from the facts presented but if they have a valid judgment then the Plaintiff in the action is entitled to the garnishment.
Q: Collection attorney says Statute of Lim. for credit card is 6 years here in Utah. What is their basis for this?
Jefferson S Cannon's answer
UCA 78B-2-309 - Any action founded upon an instrument in writing is subject to a six year limitations period. I hear this argument often in court and the courts almost always hold up the 6 year limitations period. Once in a while there is an intervening factor that can change things but not too often.
Q: If I go into a payday loan say I want to pay a loan off can they tell me how much that person owes without ID
Jefferson S Cannon's answer
No, they can\'t disclose any information without a release from the individual. There may be some ways around that without disclosing information but it\'s a fine line.
Q: In Utah can both spouses wages be garnished simultaneously from separate actions for garnishment?
Jefferson S Cannon's answer
The short answer is yes. You can try to fight the amounts your employer is paying but its an uphill battle.
Q: Can I file a Lien
Jefferson S Cannon's answer
Yes you can file a lien but if you do and the judgment is determined invalid on appeal, you may have more problems to deal with for filing the lien.
Q: If my spouse passes away and he has co-signed on loans for family members am I liable?
Jefferson S Cannon's answer
There could be an argument for liability but right now most creditors are not attempting to pursue family members for debts of deceased persons. A posting in the newspaper would have no effect whatsoever.
Q: I work for an online lender sending email templates preapproved by our corporate legal dept. Can I personally be sued?
Jefferson S Cannon's answer
Unfortunately the legal collections climate allows consumers to make counterclaim and file law suits against any collector. Now, the law suit and/or counterclaim may be bogus but there is very little detriment for someone filing a frivolous lawsuit to try and get out of debt. So yes you could be sued but the likelihood is low.
Q: Is it legal, if I'm adopted and wanted to date my 2nd cousin from my adopted family?
Robert Jason De Groot's answer
You know with a lot of questions that people ask, research is usually necessary, and all I can say is perhaps.
Q: Defendant is incarcerated in Utah awaiting (Nov 2015) federal sentencing. In Nevada, misdemeanor case with a warrant
Robert Jason De Groot's answer
Such overly broad questions. Basically by learning the law or asking for a pd. I do not fully understand the second question, but a motion would contain a request for relief.