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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
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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....
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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
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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....
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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

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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

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you've provided, here are some key points to consider regarding trademark law and your specific situation:

1. Trademark infringement: Using the exact trademarked phrase "Chronic Illness Planner" for your product could potentially lead to trademark...
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2 Answers | Asked in Bankruptcy, Small Claims and Collections for Utah on
Q: Shady debt collector and lawyer what do I do ?

I owe a debt about $1703 it is mine it’s for a credit card. I called and they transferred me to their lawyer because I am in the process of being sued and I’ve had that confirmed as true. The lawyer I spoke to said if I didn’t pay within today or by Friday they would add $350 more into my... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 11, 2024

That you've "confirmed as true" that you're in the process of being true means to me that there is a pending, actual Complaint pending in a Utah court of record against you.

While it is usually viable to deal directly with the holder of a defaulted account, or its...
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2 Answers | Asked in Bankruptcy, Small Claims and Collections for Utah on
Q: Shady debt collector and lawyer what do I do ?

I owe a debt about $1703 it is mine it’s for a credit card. I called and they transferred me to their lawyer because I am in the process of being sued and I’ve had that confirmed as true. The lawyer I spoke to said if I didn’t pay within today or by Friday they would add $350 more into my... View More

James L. Arrasmith
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answered on Mar 13, 2024

In Utah, you are allowed to record phone calls as long as at least one party to the conversation consents. Since you are a party to the conversation and you consent to recording it, you can legally record your phone calls with the debt collector and their lawyer.

Here are some steps you can...
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1 Answer | Asked in Collections for Utah on
Q: I’m trying to pay off a debt to a shady collections agency.

I’m trying to pay off the full amount of the debt for 1,703 the debt collecter sent me to their lawyer because I am being sued by them. She said that if I didn’t pay in full by today or Friday that she would charge me an extra fee of $350. I asked if I could get a written agreement saying I... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

This has all the earmarks of a collection scam.

First, confirm with the court itself that a lawsuit has in fact actually been filed against you. Most courts have online public access to court records. Don't call a number on a letter or click on a link provided to you. Go online and...
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1 Answer | Asked in Collections for Utah on
Q: I am being sued by a debt collection what do I do ?

Collection agency hasn’t served me but I know I am being sued. I’ve received papers from lawyers saying they will defend me from them. They only sent me papers of the debt I owe and it is mine for about $1,700 and they said I had until the 24th to respond but they filed a lawsuit. They are very... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 10, 2024

If you settle with them, pay the debt in whole or a reduced compromise amount, get the agreement in writing before payment. Have the agreement provide they must file a dismissal with prejudice.

As to the lawsuit, if not settled prior to the response time you must file your answer with...
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1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Municipal Law for Utah on
Q: Whats the punishment in Utah for registering to vote under a po box, but it's still in the district where you live?
James L. Arrasmith
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answered on Mar 8, 2024

Registering to vote using a P.O. box instead of a residential address can raise concerns under Utah law, as voter registration typically requires a physical address to ensure you are voting in the correct district. While the intention might be to remain within legal boundaries, especially if the... View More

1 Answer | Asked in Contracts for Utah on
Q: I recently purchased a car. I had 3 vehicles that I traded for 1. I didn’t know the exact mileage of 2 of the vehicles

At the time I was working the deal

I guessed the mileage and stresses it was a guess. When signing the contract the dealership had me sign a blank odometer statement as again, I didn’t know the mileage off the top of my head. We completed the deal and the sales person accompanied me... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 7, 2024

Hey there,

It's essential to understand that preventing someone from filing a lawsuit isn't something you can do preemptively. The crux of the matter will likely revolve around the contract you signed. It's worth asking if there was a specific trade-in agreement or similar...
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1 Answer | Asked in Business Formation and Business Law for Utah on
Q: How do you start a self-employed private service provider?

I would like to start teaching cello but not accidentally commit tax fraud.

Wesley Winsor
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Wesley Winsor
answered on Mar 5, 2024

It's great to hear about your interest in teaching cello! To ensure you navigate this new venture without any tax-related issues, it's crucial to meticulously record all your expenses and income. This will not only help you manage your finances better but also simplify your tax filings.... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Can I renegotiate a lease before it’s expired?

My husband wrote a 3 year lease. We just got divorced. Can I renegotiate the terms and get his name off the lease? The HOA increased and the rent does not cover all cost associated with the property. Is there anyway I can change the lease to a yearly lease? Or increase the rent to cover the... View More

Wesley Winsor
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Wesley Winsor
answered on Feb 26, 2024

Landlords may consider renegotiating a lease to adjust terms, such as increasing rent, but it's crucial to remember that tenants are not obligated to consent. This is because tenants currently hold an enforceable contract. Alterations to the lease terms require mutual agreement unless the... View More

1 Answer | Asked in Trademark and Intellectual Property for Utah on
Q: Planner company has TM on "Chronic Illness Planner." How can I use those words legally without infringing on trademark?

A planner company (bloom planners) has trademarked the words "chronic illness planner" and I'm wondering what legal ways I can use those words without infringing on the trademark? Chronic Illness and Planner are both generic words but put together for that company, they represent a... View More

James L. Arrasmith
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answered on Feb 25, 2024

Navigating the use of trademarked terms requires careful consideration to avoid infringement. When a company has a trademark on specific terms like "Chronic Illness Planner," it means they have exclusive rights to use those terms in certain contexts, particularly in the same industry or... View More

1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My mom passed away we then find out her attorney is executor of her will. Can we fire him?

She was always nervous could never be alone from age 2. She sighned that not knowing what it meant. He can sell everything including the home property everything inside and out. Mom wouldn’t have willing do this we need help please.

James L. Arrasmith
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answered on Feb 25, 2024

If the attorney serving as the executor of your mother's will is acting in a manner that raises concerns, beneficiaries do have options. Generally, an executor can be removed by the court for valid reasons such as mismanagement of estate assets, failure to comply with the will's terms, or... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Utah on
Q: how are people able to sell a product even though it has a patent design?

Lot of people are selling different versions of a selfie stick, how are they able to even though there is a patent?

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 24, 2024

I do not know what patents cover selfie sticks, but generally when someone says that they have a patent for product, they typically have a patent on only certain kind of a product.

So, for hypothetically, a "selfie stick patent" may claim a selfie stick that attaches the camera...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Utah on
Q: how are people able to sell a product even though it has a patent design?

Lot of people are selling different versions of a selfie stick, how are they able to even though there is a patent?

James L. Arrasmith
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answered on Feb 25, 2024

When a product like a selfie stick has a patent, it means that the original inventor has exclusive rights to make, use, or sell the invention for a certain period. However, people can sell different versions of a patented product by ensuring their versions do not infringe on the specific claims of... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: If you roofie someone then coerce them to drive on the highway to ensure they're driving when knocked out. What crime?

This happened to me.I have spent the last 12 years trying to get justice ever since. It's a disgusting abomination of justice I am determined to correct.

James L. Arrasmith
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answered on Feb 23, 2024

What you experienced is a serious criminal offense that involves multiple violations of the law. Roofie-ing someone with the intent to incapacitate them and then coercing them to drive while they are unconscious constitutes a range of offenses, including but not limited to drug-related crimes,... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Question on 76-6-506.3. Financial transaction card offenses -- Unlawful acquisition, possession, or transfer of card.

Charged in 2016 but due to homeless and life issues, still have not gone to court but the allegations are completely false. Also wondering if there is a statue of limitations.

James L. Arrasmith
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answered on Feb 23, 2024

Given that you've been charged under section 76-6-506.3 related to financial transaction card offenses, it's crucial to address the situation promptly to avoid further complications. Despite the challenging circumstances you've faced, it's essential to prioritize resolving the... View More

1 Answer | Asked in Traffic Tickets for Utah on
Q: What happens if you get a citation over a law that no longer exists

I had a cop threatening me that he will cite me for having underglow on my vehicle. But I didn't have any red or blue lights. And I've been told by other officers that they are legal as long as there are no red or blue lights or flashing lights. And I looked it up and there's no... View More

James L. Arrasmith
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answered on Feb 23, 2024

If you receive a citation for violating a law that no longer exists, you may have grounds to contest the citation and have it dismissed. It's important to gather evidence to support your case, such as documentation showing that the law has been repealed or amended, and present it to the... View More

1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: Copyright: If multiple people contribute to a finish document who has copyright to it?

We often survey and map caves. Typically this involves people shooting survey instruments, then sketchers recording the data and hand drawing a map, and then a cartography takes all the data and makes a digital version. Many people in our world assume the cartographer who makes the finished digital... View More

James L. Arrasmith
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answered on Feb 21, 2024

In situations where multiple people contribute to the creation of a finished document, determining copyright ownership can be complex. Copyright law typically recognizes the contributions of each individual involved in the creation process. While it's common for people to assume that the... View More

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