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Questions Answered by Jefferson S Cannon

1 Answer | Asked in Divorce for Florida on

Q: Can my ex ever try to take my gifted car for any alimony payments I missed in the past?

I have been divorced for 5 years. I became disabled within a year of the divorce. My ex wife moved out of state and we have not been in any contact. With only disability income, I have struggled to pay alimony over the years but have paid as much as I could. My medical issues require tens of... Read more »

Jefferson S Cannon answered on Sep 9, 2015

The answer is she could try but several states have medical exemptions that would allow you to keep the vehicle. I do not know what the laws are for Florida but typically they would have to take the car, sell it at auction and then disperse the proceeds. If the car isn't worth much then the cost... Read more »

1 Answer | Asked in Animal / Dog Law for Utah on

Q: Can I fight over a dog that I bought for a breeding dog and I found out that the dog can not breed

I signed papers that she told me was breeding right and they was not

Jefferson S Cannon answered on Sep 9, 2015

Yes on the face of this it would appear you have a claim for bad faith, breach of contract and lack of fair dealing.

1 Answer | Asked in Family Law and Military Law for Utah on

Q: Can my judge court order me not to see my husband

I'm on ap&p and ASAP drug court he is in veterans drug court

Jefferson S Cannon answered on Sep 9, 2015

Short answer is yes. It really depends on the circumstances and what is going on with both parties. A judge may be stating that it is in the best interest of your husband to not have you in his presence due to drug matters. It is really hard to say more without additional facts.

1 Answer | Asked in Intellectual Property for Utah on

Q: Is it legal to create an alphabet board book featuring recognizable characters (from movies/TV) for each letter?

In order for the character or creature to be immediately recognizable I wouldn't want to stray too far from the original (probably trademarked) designs, but the art might be considered fan art, which I understand is in fuzzy copyright territory. Derivative works and fan art is regularly sold at... Read more »

Jefferson S Cannon answered on Sep 9, 2015

If you are using this for personal use then you are just fine; however, if you intend to mass produce and re-sell then could and probably would be infringing on other companies rights.

1 Answer | Asked in Collections for Utah on

Q: Can I file a request to work with the landlord/apartment complex only and not their collection attorney?

Had a default judgement against me for rent owed after eviction. Hearing is set to answer questions about my assets. I want to settle the debt w/the apartment complex, not their collection attorney. Does the FDCPA cover this issue and allow me to submit in writing that I will only deal w/the... Read more »

Jefferson S Cannon answered on Sep 3, 2015

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.

1 Answer | Asked in Landlord - Tenant for Utah on

Q: Can I successfully sue for the August rent I paid and my security deposit in small claims court?

I had to end my 1 year lease (April 1 - March 31) early. I gave notice to my landlord on June 30 that my last day would be July 31. He informed me that it was my responsibility to find a tenant or I would have to pay $250 for his company to find a tenant for me and until a tenant was found, I had... Read more »

Jefferson S Cannon answered on Sep 1, 2015

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... Read more »

1 Answer | Asked in Employment Law for Utah on

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.

Is that illegal in the state of Utah? I really need to know when or if I'm scheduled to work.

Jefferson S Cannon answered on Sep 1, 2015

While frustrating it's not illegal.

1 Answer | Asked in Divorce and Family Law for Utah on

Q: My estranged husband just got engaged

I filed for legal seperation, it hasn't been signed yet. We have been apart for a year. He just got engaged to another woman and is trying to have another baby. We made a marital agreement 10 yrs ago when our last born child was boen, NOT to have anymore children, with his permission to my... Read more »

Jefferson S Cannon answered on Sep 1, 2015

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... Read more »

1 Answer | Asked in Employment Law for Utah on

Q: Am I required to disclose my previous identity on job applications for the government?

Long story short, I was in a severe situation that required a safe at home program, confidential and sealed name change, as well as receiving a new SSN from the SSA. I haven't disclosed my previous identity on any job applications, as my case worker at the SSA advised, and haven't had any problems.... Read more »

Jefferson S Cannon answered on Sep 1, 2015

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... Read more »

1 Answer | Asked in Collections for Utah on

Q: Should I take this to court or sign a stiputlation of judgement

I have been summoned on an outstanding debt. The summons references an agreement but does not include it as an exhibit. The debt was purchased from HSBC and I do not have any details on that transaction either. If I file an answer that denies all the complaint, can the plantiff come up with more... Read more »

Jefferson S Cannon answered on Aug 31, 2015

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... Read more »

1 Answer | Asked in Collections for Utah on

Q: Can a civil judgement be put on you when no attempt to contact was ever done?

I received a notice of garnishment of wages from my employer about a debt that is six plus years old. No attempt to contact me was ever made but the court went ahead and gave the attorney who is doing the collections everything they requested. What can I do?

Jefferson S Cannon answered on Aug 31, 2015

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.

1 Answer | Asked in Collections for Utah on

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 answered on Aug 31, 2015

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... Read more »

1 Answer | Asked in Collections for Utah on

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 answered on Aug 31, 2015

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.

1 Answer | Asked in Collections for Utah on

Q: In Utah can both spouses wages be garnished simultaneously from separate actions for garnishment?

My wife's check is currently being garnished by the Utah State Government. Can the US Government garnish the wages of me, a husband but under one household, in simultaneous actions?

Jefferson S Cannon answered on Aug 31, 2015

The short answer is yes. You can try to fight the amounts your employer is paying but its an uphill battle.

1 Answer | Asked in Collections for Utah on

Q: Can I file a Lien

My company won a Judgement for $ but the Defendant is not paying and is now filing an appeal. Can I file a lien in the meantime?

Jefferson S Cannon answered on Aug 31, 2015

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.

1 Answer | Asked in Collections for Utah on

Q: If my spouse passes away and he has co-signed on loans for family members am I liable?

I have also heard that you can post a notice in the newspaper that you are not responsible for your spouses debt. Does this remove any liability for myself?

Jefferson S Cannon answered on Aug 31, 2015

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.

1 Answer | Asked in Collections for Utah on

Q: I work for an online lender sending email templates preapproved by our corporate legal dept. Can I personally be sued?

The email tells the pre-charge off customers the company is considering obtaining counsel for creditors' rights and asks the customer to contact us to make mutually acceptable arrangements. I do not alter the form email in any way. It has my name as the sender. A customer who has been in... Read more »

Jefferson S Cannon answered on Aug 31, 2015

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... Read more »

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