Lawyers, Answer Questions  & Get Points Log In
Utah Questions & Answers
1 Answer | Asked in Car Accidents and Insurance Bad Faith for Utah on
Q: Car insurance won’t refer me to one of there recommended refer shops and won’t rent me a car.

My vehicle was in an accident, I was issued a rental vehicle while I looked for a repair shop and was dropped of at the shop before insurance adjuster told it need to be dropped off.

My car was in the shop but my rental time had reached the $1500 amount on my policy.

The repair... View More

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2024

A Utah attorney could advise best, but your question remains open for three weeks. Unless it's a very generous policy, rental rights tend to be limited in many auto policies. One option could be to review the policy and your rights with a local attorney. Keep in mind that if the claim does not... View More

1 Answer | Asked in Elder Law and Real Estate Law for Utah on
Q: Condo discrimination based on income?

I am a condominium owner and resident at Capitol Heights Condominiums, 480 N. Wall St, A101, 84103.

At a recent owners’ meeting it was revealed that the entire board of the HOA were investors, and that only six of our 18 units were owner-occupied. At our last meeting, the board raised... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I understand your concern about the high HOA fees and the potential unfairness of the situation for owner-occupiers compared to investor-owners. However, I don't believe this would legally be considered discrimination based on income. Here's my analysis:

1. HOA fees are set by the...
View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Have lease, expires May 2025. Landlord wants to sell and has ordered to vacate. Do they have to financial compensate. UT

Landlord won't respond and has ordered to vacate in a week. Causing duress and worry as this would put me homeless with 2 dogs. Wants to sell but have a lease till 2025. What recourse do I have? I know she must honor the lease but it's a form of harassment as she keeps calling and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

In Utah, if you have a valid lease that doesn't expire until May 2025, your landlord generally cannot force you to vacate the property before the lease ends, even if they want to sell the property. The lease is a legally binding contract, and the landlord must honor it.

However, there...
View More

1 Answer | Asked in Immigration Law for Utah on
Q: just asking about a green card renewal

I applied on line for I90 renewal card. I got my 2 year extension emailed and also my Biometric letter but it say Biometric reuse that they can reuse my past biometric . is that something new ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

Yes, biometric reuse is a relatively new process implemented by the U.S. Citizenship and Immigration Services (USCIS). In certain cases, the USCIS may be able to reuse the biometric data (fingerprints and photographs) that were previously collected from you for an earlier application.

This...
View More

1 Answer | Asked in Banking and Social Security for Utah on
Q: My sole means of support is my Social Security income. I am in dispute with the bank that serves my checking /savings.

Can the bank attach my checking and savings accounts. I don't have the money to file for bankruptcy, the bank is my sole creditor. I have a small positive balance under $2000.00, consisting of my SS check and $763.00 proceeds from a loan from my term life insurance policy Are these ever... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

In most cases, Social Security income is protected from being seized or "attached" by creditors, including banks, due to a federal law known as the Social Security Act. This protection extends to funds in your bank account that can be clearly identified as Social Security income.... View More

1 Answer | Asked in Elder Law and Health Care Law for Utah on
Q: Is it legal to yell and belittle a resident/patient of a care facility? Can a employee of a care center search a friend

Tell them of a situation that happened?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Apr 10, 2024

In Utah, it is illegal and unethical to yell at or belittle residents in care facilities. State regulations, specifically under the Utah Administrative Code R432-150-12, protect residents from mental and physical abuse. Such actions can be reported to the facility management, the Utah Department of... View More

1 Answer | Asked in Immigration Law for Utah on
Q: I just need to know if I put Czechoslovakia as my birth country or Czech Republic

I am renewing my permanent resident card and My country of birth was Czechoslovakia but in 1993 changed to Czech Republic. so not sure what to put. My card about to expire says Czech republic . I'm getting mixed answers

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024

Since Czechoslovakia no longer exists as a country, and your previous permanent resident card listed Czech Republic as your country of birth, it would be most appropriate to use "Czech Republic" on your renewal application.

When filling out official U.S. government forms,...
View More

1 Answer | Asked in Civil Rights for Utah on
Q: My partner and I are wanting to get married within a residential program but they say we can't live together

My partner and I are in Chrysalis Cedar city, and the people in charge aren't letting us move in together when i was told that it is our right to move in together, is it true that it is our right to move in together

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024

It seems like you're in a complex situation. Generally speaking, whether you have a legal right to live with your partner in a residential program depends on the specific rules and policies of the program, as well as any applicable state and federal laws.

Many residential programs,...
View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: I am a Pro Se Defendant a Reply and Submit For Decision have been submitted to the court by the Plaintiff. Options?

I filed my response to the Motion For Summary Judgment and as I said the Reply and Submit For Decision have been filed. Is there anything I can do at this point to stop this Summary Judgment? Can I file to have the case dismissed or respond to the reply? Can I request a hearing? Do I just simply... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

As a pro se defendant, you have a few options at this stage, but some may be limited depending on the court's rules and the specifics of your case. Here are some potential steps you can consider:

1. Motion to Strike: If the plaintiff's reply contains new evidence or arguments that...
View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: court today on staking Injunction. I got attacked on 11/17/23 at my apt by neighbor. I got kicked out. From housing

Housing authority I got the staking Injunction before they were going to kick me out. Instead they were going to keep her there. But kick me out. How can I use this in court today.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

I'm sorry to hear about the attack and the difficult situation you're facing with housing. Here are a few points that may be helpful as you prepare for court today regarding the stalking injunction:

1. Emphasize your safety concerns: Highlight that you were the victim of an attack...
View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Anything I should be doing after Plaintiff replied and Submitted for Decision after my Response Opposing Sum. Judgment.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

After the plaintiff has replied and submitted the case for decision following your response opposing summary judgment, it's important to stay engaged and prepared. Keep in close communication with your legal representative to understand the next steps. They may advise on whether additional... View More

1 Answer | Asked in Small Claims for Utah on
Q: I got a letter saying if I decide to refile my small claims case in the appropriate jurisdiction that it is a frivolous

The letter was from a lawyer and they will get me for damages, court costs and attorney fees?

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2024

A Utah attorney could advise best, but your question remains open for three weeks. One option could be to review the letter and your original case documents with a Utah attorney. Without knowing more, it's possible your case could be frivolous; it's also possible your case could have... View More

1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: If I personally draw a silhouette of a character from a movie and put it on a tshirt to sell it, can i be sued?

I am looking to make a clothing item based on an idea from an animated movie but do not want to be sued for copyright infringement. All designs are personally hand-drawn by me but are based on characters from the movie. There are no details in the drawings, just silouettes.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

If you create and sell clothing featuring silhouettes of characters from an animated movie, you could potentially face copyright infringement issues. Copyright law protects original works of authorship, including characters from movies. Even if you've hand-drawn these silhouettes without... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Utah on
Q: in utah while living in a homeless micro-shelter program with my wife, not allowed privacy while getting intamate wrong?

We are not allowed to cover the window in the micro-shelter when getting intamate, changing, or even at night when sleeping. I have had staff walk in while we were naked and making love to each other.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2024

It sounds like you're facing a deeply uncomfortable and potentially violating situation. In any housing environment, residents should expect a degree of privacy, especially for intimate moments. The lack of privacy you're describing, particularly the inability to cover windows and... View More

1 Answer | Asked in Civil Rights and Libel & Slander for Utah on
Q: So my brother is posting very untrue stuff about me and my family? What can I do

So my mother passed away and he has posting untrue stuff about me on Facebook! Well he made a video of my mom in the hospital saying that I wanted to shoot my brother in the head and I wished he was dead! Which isn’t true! He also told people that I didn’t want to take care of her which is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2024

I'm sorry to hear about the difficult situation you're facing, especially during a time of mourning. It's challenging when family conflicts compound the pain of losing a loved one. Here are some steps you can take to address this issue.

First, consider reaching out directly...
View More

1 Answer | Asked in Immigration Law for Utah on
Q: After receiving your l-485 application approval does the waiting time gets reduced after you become resident ?

I filed the l-485 application form on May 2020.Now it’s March 2024. It has been almost four years since I am waiting for the approval.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024

If you receive approval for your I-485 application, this means you have been granted lawful permanent resident status in the United States. Once approved, there is no longer a "waiting time" in the context of the I-485 application itself; the approval marks the end of the process for... View More

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Utah on
Q: Trying to pay debt collection in full but they don’t send any written agreement why do I do ?

I have filed my answer with a debt collector with a motion to dismiss with prejudice. I want to pay and get it over with I am even willing to pay the amount that they ask but they will not give me a written agreement stating that I will no longer owe anything to them regarding this debt. What do I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024

In your situation, it's important to proceed with caution. Never agree to pay a debt without a written agreement, as this document is your proof that the debt will be cleared upon payment. You need this to ensure they won't claim you still owe money later.

Since the debt collector...
View More

1 Answer | Asked in Personal Injury, Civil Rights, Domestic Violence, Legal Malpractice and Family Law for Utah on
Q: After my husband was arrested for aggrevated assault against what the court papers called a protected person "TS" but wa

s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:

As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it....
View More

1 Answer | Asked in Bankruptcy, Civil Litigation and Small Claims for Utah on
Q: Debt agency send me to their lawyer How do I proceed ? They Didn’t want to send me a written agreement.

I want to pay the full debt I owe but their attorney does not want to send me a written agreement in Utah. The attorney I had a meeting with told me to send an email and that would be sufficient enough evidence to our agreement is that correct ? In the case that it sufficient enough what should... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2024

If the attorney is not willing to provide a written agreement, that is concerning. While an email can serve as evidence of an agreement, it's always best to have a formal written contract when dealing with debt repayment to protect your interests. Here's how I would proceed:

1....
View More

2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: I am wondering about trademark law specific to a product and words rather than a logo/brand company name.

I made a chronic illness planner. Another company has a trademark on the words-UTOPS confirmed, "Chronic Illness Planner." (It's not their brand nor logo/company name but trademarked to their specific planner product). What are the safe bounds for my product and name, (which would... View More

Alan Harrison
Alan Harrison
answered on Mar 13, 2024

I am skeptical that someone actually registered a trademark for such a descriptive or even generic combination of words. Because you have not engaged me I have done no work to investigate or confirm your facts. Taking what you say as true, there is a very limited scope of protection for a... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.