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Utah Questions & Answers
0 Answers | Asked in Traffic Tickets for Utah on
Q: What is required for an officer to prove in court that a 41-6A-902 "Right of way - Stop or Yied sign" was not adhered?

I stopped, so is it just their word against mine?

0 Answers | Asked in Personal Injury and Civil Rights for Utah on
Q: Can a loss prevention employee after placing a person in handcuffs slam them against a wall when they are 100% complying

A loss prevention employee of WinCo placed a person in handcuffs when the person was complying to their orders a loss prevention employee came behind them slamming them into a wall giving them a black eye. Claiming merchant law

0 Answers | Asked in Contracts and Landlord - Tenant for Utah on
Q: Can I be forced to pay rent in American Fork, UT if I haven't signed a lease?

I applied for an apartment in American Fork, UT. I told the leasing office that I would like to see the unit before signing the lease. I wanted to make sure I would be happy with the unit prior to making a commitment. They waited until the day of my lease was supposed to start before letting me see... View More

0 Answers | Asked in Employment Law and Sexual Harassment for Utah on
Q: How much of my evidence should I share with employer I plan to sue during initial negotiations?

I was recently fired from my job under the claim of "lack of communication". It is evident I was fired after informing my boss I intend to file for FMLA (fired the next day). I have also been discriminated against for months for my sexual orientation and have seen a therapist who has... View More

0 Answers | Asked in Criminal Law, Family Law and Business Law for Utah on
Q: This is for writing purposes. Minimum to maximum sentence for accidental murder by an underage person in 1980's Utah?

The perpetrator was 15 years of age, and they had forced the victim into a stressful situation within an establishment. As a result of the stress, a faulty part of the establishment ended up killing the victim. Is the perpetrator at fault, and to be punished? Is the owner of the establishment also... View More

0 Answers | Asked in Divorce for Utah on
Q: Hi, I have a question about divorce, and it's a bit complicated due to our citizenship

We're a couple of russian citizens who married in 2022 in the state of Utah Remotely (!). We're still out of the US and don't have the option to visit the US. For a while, we have been living in Serbia (Balkans), and what is important in the near future we will live separately.... View More

0 Answers | Asked in Estate Planning for Utah on
Q: Is it fraudulent conveyance if a former director of a public corporation (with D+0 insurance) transfers asset to a trust

In a state in which he/she is a resident which has DAP trust statutes, if only the corporation is named and neither the director (nor any of the directors or officers) are named in a New York breach of contract lawsuit? The intent is to transfer more assets now (a vacation home), to avoid possible... View More

2 Answers | Asked in Collections and Family Law for Utah on
Q: Can I respond to a court summons on behalf of my Father?

My Father was served a court summons related to a debt. However he has Dementia and isn't competent to reply himself. As his son, Can I respond on his behalf? I do not have Guardianship or PoA over him.

James L. Arrasmith
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answered on Nov 24, 2023

Responding to a court summons on behalf of your father, especially given his dementia and incapacity, is a sensitive situation. Generally, without legal authority such as guardianship or power of attorney (PoA), you may not have the legal standing to respond to the summons on his behalf.

In...
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0 Answers | Asked in Banking and Civil Litigation for Utah on
Q: I won a small claims judgement against a company in Utah but have not ben paid.

I waited the required 28-days, then submitted for a Writ Garnishment of the companies bank account. However, the bank stated that the account no longer exists.

I have hard evidence (bank statement) provided by the company that shows they withdrew all funds and closed the companies bank... View More

0 Answers | Asked in Civil Litigation for Utah on
Q: I won a small claims judgement against a company in Utah but have not ben paid.

After the court win, I waited the required 28-days, then submitted for a Writ Garnishment of the companies bank account. However, the bank stated that the account no longer exists.

I now have hard evidence (bank statement) from the company that shows they withdrew all funds and closed the... View More

0 Answers | Asked in Animal / Dog Law, Gaming and Copyright for Utah on
Q: Can I use "K9" for a Dog Kennel, Gaming Community, or any Publicly Official Name and risk legal trouble?

I am considering a few ideas and want to relate them to my dog. I have a dream of owning and running a Dog Kennel and Breed Dogs Officially and I have a Gaming Community that is looking for an Official Name. I would like to relate it with K9. I know K9 is often referring to Federal Working Dogs and... View More

0 Answers | Asked in Employment Law for Utah on
Q: Can I go after my employeer if they violate the serverance agreement?

Agreement states, "paid in 48 hours", it was signed on Friday at 10:30 am. 48 hours is on a Sunday. The agreement DOES NOT mention bussiness days or hours.

The agreement fails to mention the revocation period for being over 40 years old.

0 Answers | Asked in Health Care Law for Utah on
Q: My son is epileptic and in the hospital with 3rd degree burns, I feel like the doctor ignored his seizures getting worse

I informed the doctor for 3 months that my sons seizures where getting worse and they could not get an appointment for 3 months they did not even offer a medication change sense the meds were not working. He was having cluster seizures, he had wet him self tried to get cleaned up, and before he... View More

0 Answers | Asked in Contracts and Construction Law for Utah on
Q: Do I have the right to increase the cost of a project if its a long term project and the cost of materials has gone up?

I own a plumbing business. I agreed to a bid price for a job almost 2 years ago. It's a long term job, since then, the cost of materials and labor has gone up significantly. I told the customer it was going to cost an additional amount to finish the job due to my costs going up. He refused... View More

1 Answer | Asked in Patents (Intellectual Property) for Utah on
Q: Does Keekaroo have a patent for their peanut changer?
James L. Arrasmith
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answered on Nov 18, 2023

For accurate and up-to-date information, it's recommended to directly search the USPTO database or engage a professional who can provide detailed insights into the patent status of this particular product.

1 Answer | Asked in Contracts for Utah on
Q: School not out until next Tuesday but contract says weekend before holiday dose kid need to miss school?

Ex stated was worded that way to get extra days but my child can only miss so much school. No clauses about his education.

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 14, 2023

I am sorry if there was any confusion. This is unfortunately not a contracts question. Please resubmit your question and label it Divorce Law and Family Law. You will get help from attorneys that can help with your situation.

1 Answer | Asked in Contracts, Real Estate Law and Probate for Utah on
Q: If 4 kids sell a house inherited & 1 nonexecutor says no after contracts start is that legal for a lien to be placed?

4 kids inherited a property from parents with 2 being an executor. After a closing date is set 1 nonexecutor kid places lien on property wanting price to be raised 200k. Price being sold is appraisal value. Is this allowed to stop closing of house and is there really a lien allowed to be placed on... View More

James L. Arrasmith
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answered on Nov 12, 2023

Based on the facts provided, it would likely not be legal for the non-executor sibling to place a lien on the inherited property to prevent the sale after contracts have been started. Here are some key considerations:

- If there are multiple heirs, the executors have authority to sell...
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1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: Can an officer take your phone from you while you are being detained because they don't want you to record it?

This happened in Utah

T. Augustus Claus
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answered on Nov 14, 2023

Police officers cannot take your phone from you while you are being detained because they don't want you to record it. The Fourth Amendment to the United States Constitution protects your right to be free from unreasonable searches and seizures, and this includes your right to record police... View More

0 Answers | Asked in Divorce for Utah on
Q: I'm married and my husband got an inheritance if we divorced would I get any of that? I'm in Utah

Never did a prenup or anything like that

1 Answer | Asked in Divorce, Estate Planning, Family Law and Arbitration / Mediation Law for Utah on
Q: I want to protect my assets before a divorce by creating a trust. Should I have a trust before or after the divorce?

Is creating a trust the best option to protect my assets before a divorce in Utah? If yes, should I have my trust before or after the divorce? What options I have to minimize the loss of my assets in Utah?

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 17, 2023

If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you... View More

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