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Utah Questions & Answers
0 Answers | Asked in Contracts for Utah on
Q: Do integration clauses signed three days after an oral contract & deposit was made, prevent me from suing for fraud?

When the seller was asked about the warranties on a 5th wheel that was five months old, he informed me there was 7 months on the Full Warranty and 2 years and 7 months on the Structural Warranty. I left a $10,000 deposit. Three days later, I was asked to sign an Earnest Money Contract, which I did.... View More

1 Answer | Asked in Civil Litigation for Utah on
Q: WHY IS THE PRESIDING JUDGE LISTED IN MY CASE NOT THE JUDGE I HAVE BEEN APPEARING BEFORE FOR THE LAST YEAR?

The Judge assigned to the civil case I am currently involved in is not the one who has been presiding over matters thus far. Why? There has not been a change of Judge issued nor asked for by either side. Is it just due to case overload and the Judge who has been presiding thus far is assisting the... View More

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2025

A Utah attorney could advise best, but your question remains open for a week. In general nationwide, judges can be moved to different cases/courts within a unified court system, and cases can be re-assigned to different judges, depending on the needs/backlog of the court system. Good luck

0 Answers | Asked in Traffic Tickets for Utah on
Q: I wreak on a interstate because of ice on the road and was given a too fast for road conditions when I hit the concrete

The officer stated the she was giving me a ticket because she drove to me without crashing. I want to fight it because she had no way to know my speed and only made the judgement from the road conditions she saw. I want to claim that there was snow plowing truck that change the conditions on the... View More

0 Answers | Asked in Criminal Law, Juvenile Law, Libel & Slander and Sexual Harassment for Utah on
Q: Suggested Discovery, to stop a GAL from Co-op w/ angry Mom grinding her false sex harassment Axe against my Son?

My son's best friend of a few years has a crazy Mom that in a different city from her and her Dad. Whenever Mom comes around bad things happen, big fights usually ends with friend in hospital from a suicide attempt. After this last trip to the hospital friend had a broken nose and face after... View More

0 Answers | Asked in Civil Litigation for Utah on
Q: I just have a couple small questions so I got my locks changed on a mobil home I own in Mobile park and forced out

Of my house judgment had already been awarded to the land owner threw court and at the bottom of my paper from cort has nothing about removing me from my residence clearly says at the bottom of the paper end of order is this illegal for them to do this. I'm a disabled widowed mother of three... View More

1 Answer | Asked in Uncategorized for Utah on
Q: CAN SOMEONE PLEASE HELP ME UNDERSTAND THIS ORDER? HEARING WAS FOR AN MSJ AND LEAVE TO AMEND ANSWER/FILE COUNTERCLAIM.

Each motion was granted and denied in part. Plaintiff's MSJ granted in part-no genuine dispute of material fact that Defendants owed rent and did not comply with 3 day notice. MSJ denied in part due to their being disputed facts concerning habitability. Defendants LTA denied in part -denied... View More

James L. Arrasmith
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answered on Jan 6, 2025

From what you described, the court allowed you to amend your answer to include habitability issues, which means you can adjust your response to address these specific concerns. However, the court did not grant permission to file a counterclaim against the plaintiff, limiting your ability to seek... View More

1 Answer | Asked in Tax Law for Utah on
Q: My mom deeded her house to me. It is my primary residence. What is the best way for me to sell it and pay less taxes

Mom is still living in the home currently.

James L. Arrasmith
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answered on Jan 10, 2025

When selling a home received through a deed from your mother while she still lives there, timing can significantly impact your tax situation. The IRS has specific rules about basis adjustment and capital gains exclusions that could work in your favor.

If you've lived in the home as...
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1 Answer | Asked in Tax Law for Utah on
Q: Do I still have to pay VAT tax if one European person bought my online product, but I refunded them the money?

I sell digital copies of a comic online, and market it in the USA. A person from Spain bought the comic, and then several weeks later I was looking at the VAT tax and requirements and didn't want to deal with that, so I just refunded them the money of the sale. Legally speaking though, is that... View More

James L. Arrasmith
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answered on Jan 10, 2025

Since you refunded the full purchase amount, you technically reversed the transaction completely - this generally means you don't need to account for VAT on that specific sale, as it's treated as if it never occurred from a tax perspective.

However, the fact that you initially...
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0 Answers | Asked in Juvenile Law for Utah on
Q: I (15) got charged with assault by a (18) year old. It's my first charge, no criminal background. What consequences?

I really want to know because this is the first time anything like this has happened to me

0 Answers | Asked in Consumer Law, Contracts and Real Estate Law for Utah on
Q: Post office refusing to deliver to my address because it's vacant, even though it is not vacant.

I have a legal question about an issue I'm dealing with with.

My local post office is refusing to deliver packages to my address, and when they get a package they just return it to sender.

Is there any legal action I can take?

0 Answers | Asked in Animal / Dog Law for Utah on
Q: Neighbor dog cam on my lawn where I had a mouse trap and

had some poison bait to kill a gopher and the dog ate some poison am I liable I pushed the gophers bait down inside the holes and the mouse trap just with peanut butter by the hole.

0 Answers | Asked in Criminal Law and Personal Injury for Utah on
Q: i need help was arrested under false pretenses jailed and shortly booked was assaulted face fractured 13 places

well few hrs after being booked in cell with only one other inmate while i was asleep unknow what actually happened. but woke up cuffed to bed in hospital. with 13 face fracturs and regardless of being blind in 1 eye dew to cancer and still had only understanding was arrested for phone harassment... View More

2 Answers | Asked in Family Law and Probate for Utah on
Q: Mom died, no will, I am the beneficiary her bank account. A cashiers check for over $100K, she is both payee and payor.

My mom made herself as the payable person on the check. No hard assets other than paid for car, rented low income apartment. This is why the cashiers check to keep the funds private. I have the death certificate. No other heirs, ex husband divorced over 10 years ago, no other debts other than, if... View More

Wesley Winsor
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Wesley Winsor
answered on Dec 19, 2024

The cashier's check your mother wrote to herself is considered part of her estate since she is both the payee and the payor. Under Utah law, when a decedent owns more than $100,000 in assets, the estate must go through probate in order to gain access to and distribute the funds. This means a... View More

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0 Answers | Asked in Uncategorized for Utah on
Q: I got a title loan on my truck to help pay for legal fees for my custody battle and after everything this year I haven't

I got a title loan on my truck to help pay for legal fees for my custody battle and after everything this year I haven't been able to pay it off or keep up with the interest fees on it so I am at a complete loss until I figure something out and have had to ignore their calls because I dont... View More

0 Answers | Asked in Contracts, Energy, Oil and Gas and Small Claims for Utah on
Q: I own lease for mineral rights thru SITLA. previous owner has NOI and bond still opened. Rec bond should be transferred?

I own mineral lease they SITLA, Utah state lands. I am required to file a NOI/reclamatiom bond with dept of oil gas and mining. Previous owner has had a NOI and posted bond to cover his disturbance and he is still liable for this disturbance until my NOI is approved by the state (and they get... View More

2 Answers | Asked in Immigration Law for Utah on
Q: I live in Utah and I want to know if you could take my case for marriage documentation. because you're in other state.

I am getting married to an American citizen and I am currently pregnant. I have my student visa and everything is legal.

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 10, 2024

Yes, any immigration lawyer in any state can represent a client in any other state or in any other country on the planet. This is the nature of immigration law. If you entered the United States with permission, which it looks like you did, and you are getting married to a US citizen, then you can... View More

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1 Answer | Asked in Probate for Utah on
Q: The correct way to post notice to creditors in the paper. And we're at the paper that I put it.
Wesley Winsor
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Wesley Winsor
answered on Dec 4, 2024

Can you please give me a little more context? Are you talking about publishing notice to creditors or notice to heirs that you don't know their address?

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Utah on
Q: Can a spouse automatically inherit the house even if she's not included on the house's title (in the state of Utah)?

Hi,

I have a family member who's scared of being left without a home if her older husband passes away. She asked him about being included in the title, but the husband got strangely defensive about it and wanted to only keep his name on the title.

Where does that leave her?... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 20, 2024

This is a complicated question. In situations like these, details make a difference. Please tell your friend to have a consultation with an Estate Planning attorney. Many of us will talk to you for free.

Here are a few issues that can come up:

Prenuptial Agreement: This is one way...
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1 Answer | Asked in Contracts for Utah on
Q: Can I quit my job anytime ?

I work at Thuisbezorgd and the employer told me that I have to stay for minimum 3 months to work there. I need some fast money and the fastest way was to work here, because it’s flexible and I can make money pretty easy. So I decided to work here. Also, there is a probatory month which I can quit... View More

Wesley Winsor
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Wesley Winsor
answered on Nov 7, 2024

In Utah, employment is generally considered "at-will," which means that an employee can quit their job at any time without providing a reason or notice, and similarly, an employer can terminate employment at any time, barring any illegal reasons such as discrimination. This principle... View More

1 Answer | Asked in Criminal Law and Banking for Utah on
Q: Charged in 2017. Utah code 76-6-506.3 and.2. Does Statute of limitations apply? A warrant was put out Sept. 2023
Steve D. Hardin
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Steve D. Hardin
answered on Nov 1, 2024

You will need to change your location to Utah to get a good answer. Right now your question is going to Missouri attorneys and you need a Utah criminal defense attorney to answer your question.

Statues of Limitations are state laws so Utah can and likely does have a different statue of...
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