Questions Answered by Jefferson S Cannon

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

1 Answer | Asked in Divorce for Florida on
Answered on Sep 9, 2015
Jefferson S Cannon's answer
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 of repossession and selling it at auction probably would be cost effective.

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

1 Answer | Asked in Animal / Dog Law for Utah on
Answered on Sep 9, 2015
Jefferson S Cannon's answer
Yes on the face of this it would appear you have a claim for bad faith, breach of contract and lack of fair dealing.

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

1 Answer | Asked in Family Law and Military Law for Utah on
Answered on Sep 9, 2015
Jefferson S Cannon's answer
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.

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

1 Answer | Asked in Intellectual Property for Utah on
Answered on Sep 9, 2015
Jefferson S Cannon's answer
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.

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

1 Answer | Asked in Collections for Utah on
Answered on Sep 3, 2015
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: 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
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 estranged husband just got engaged

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

1 Answer | Asked in Employment Law for Utah on
Answered on Sep 1, 2015
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

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
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?

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
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?

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
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

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
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?

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
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

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
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?

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
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?

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
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.

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