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Utah Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation for Utah on
Q: Should Leave To Amend be decided before deciding Motion For Summary Judgment?

I am a Pro Se Defendant and filed “Leave to Amend Answer and File Counterclaim” 20 days before a Notice of Hearing was sent on March 26. That hearing was scheduled for May 8th and would decide the Plaintiffs MSJ and my Leave To Amend and File Counterclaim. The May 8th hearing was postponed... View More

2 Answers | Asked in Personal Injury, Admiralty / Maritime, Civil Litigation and Civil Rights for Utah on
Q: Which successful law firm can represent me in fraud on the court case in Utah, filed 7m property lien. W/ Perm. Injury.
Tim Akpinar
Tim Akpinar
answered on Oct 11, 2024

It's difficult for attorneys here to take up your offer to represent you. The format is brief Q & A - no solicitation or attorney referral. The closest thing to an attorney referral here is the "Find a Lawyer" tab above, which lists attorneys by region and area of practice. You... View More

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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Utah on
Q: How to process fraud on the court UT. Civil case dated 1991.

Judge otherwise terminated property lien without jurisdiction nor authority.. judge and property owner were golfing buddies prior to permanent injuries sustained on 2 7 91. The property lien filed in summit County for 7 m, 1995. Lien soon thereafter terminated.......

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry you're facing this situation. To address fraud on the court in Utah for a case from 1991, you should first gather all relevant documents, including court records, the property lien, and any evidence of the relationship between the judge and property owner. This documentation... View More

1 Answer | Asked in Immigration Law, Personal Injury, Civil Litigation and Civil Rights for Utah on
Q: I was intimidated by a police officer, he caused me too much distress I need help to see if I can sue him!

He was trying to make me deny that I was attacked , he said he was not going to fix the police report and he was not going to write any evidence that tells thatindicates that the defendant committed the act. He also obligate me to say that I wanted a new detective because he was going to close my... View More

James L. Arrasmith
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answered on Jun 27, 2024

Based on the situation you've described, it sounds like you may have a potential case involving police misconduct or civil rights violations. While personal injury lawyers sometimes handle these types of cases, you may want to consider consulting with an attorney who specializes in civil... View More

1 Answer | Asked in Civil Litigation for Utah on
Q: Denied Leave to Amend Answer and file Counterclaim. Now What?

Can I sue based on the issues I raised in my Counterclaim in a seperate action down the road since they were denied?

James L. Arrasmith
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answered on May 27, 2024

If your request to amend your answer and file a counterclaim was denied, you might still have options. One possibility is to file a separate lawsuit based on the issues you raised in your counterclaim. However, this can depend on the specific circumstances and the reasons why your original request... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Utah on
Q: in utah while living in a homeless micro-shelter program with my wife, not allowed privacy while getting intamate wrong?

We are not allowed to cover the window in the micro-shelter when getting intamate, changing, or even at night when sleeping. I have had staff walk in while we were naked and making love to each other.

James L. Arrasmith
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answered on Mar 24, 2024

It sounds like you're facing a deeply uncomfortable and potentially violating situation. In any housing environment, residents should expect a degree of privacy, especially for intimate moments. The lack of privacy you're describing, particularly the inability to cover windows and... View More

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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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Utah on
Q: If sales rep lies about a POS system and put us on a lease but we returned it w/in a week do we need to pay a buyout?

We request services from clover for our online business that has a rolling menu. We were under the impression we needed this device in order to help build a website and receive payments. The agent explained to us that it can do this and the monthly cost was roughly only 45$ a month. When asked what... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 1, 2024

"Hey there! Ah, the classic tale of signing up for something that sounded as sweet as a rolling menu but ended up rolling you over instead.

1 Answer | Asked in Civil Litigation, Civil Rights and Municipal Law for Utah on
Q: Can Park City Tow Keep My Social Security Card and Birth Certificate after towing my friends Car?

My friends car was towed from town lift parking garage and park city tow refused to give me any of my possessions back including my prescription glasses, Birth Certificate and Social security card. This has prevented me from being able to get a Job and made me homeless.

James L. Arrasmith
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answered on Jan 29, 2024

In Utah, a towing company generally does not have the right to withhold your personal belongings, including your Social Security card and birth certificate, after towing a vehicle. These items are your personal property and should be returned to you.

It's recommended to contact the...
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1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Utah on
Q: I submitted my lawsuit complaint on November 17 2023 and it’s hasn’t move from there cant I ask the judge for review

Can I ask the judge to speed up case so I could server defendants to be served

James L. Arrasmith
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answered on Jan 2, 2024

If you haven't already, consider consulting with an attorney experienced in civil litigation. They can provide guidance on the best course of action, help with drafting and filing any necessary motions, and ensure that your case is being handled efficiently.

Remember, while the legal...
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1 Answer | Asked in Civil Litigation for Utah on
Q: If the daycare I use broke multiple security procedures. What is the best way of handling this?
James L. Arrasmith
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answered on Jan 1, 2024

If you discover that your daycare has violated multiple security procedures, the first step is to address the issue directly with the daycare management. Document your concerns and the specific procedures that were breached. Ask for a meeting to discuss these concerns and understand what steps they... View More

1 Answer | Asked in Contracts, Employment Law and Civil Litigation for Utah on
Q: When signing a contract for a specific amount of hours per day can an employer cut those hours without consent?

I started working for a program that advertised and was written in my onboarding documents as paying 16 hours per day. They have since asked for the same level of comitment and hourly work but only will allow me to report 13 hours without getting approval beforehand for overtime. I never signed any... View More

Wesley Winsor
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Wesley Winsor
answered on Oct 6, 2023

Hello,

Utah is an at-will employment state. Meaning that either one of you can terminate the employer/employee relationship at any time for any reason.

From your description, I am not sure if you are a 1099 employee or an actual employee. Unless you are on salary I don't see...
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1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Utah on
Q: Can I sur a family member if I believe they owe me money?

My sister and I went on a trip to Oregon. I paid roughly 600 for the lodging and she paid about 240 for the rental vehicle. Not even 24 hours later she left me in Oregon. I was forced to pay for a rental car, stuck in lodging that was paid for 2 people, and lyft fees in order to pick up the vehicle... View More

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2023

A Utah attorney could advise best, but your question remains open for a week. I hope you're able to find a friendly solution here. One option might be looking into whether this falls under your local court system's small claims part. Most small claims courts have online resources that... View More

1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: Can a used car dealership sell me a car with out emissions being done?

The check engine light came on just a few days after driving it home and the brakes were so bad it was scary to even drive. I'm also paying over $35,000 for a vehicle that isn't worth $11,000 at least not with the shape it's in.

Wesley Winsor
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Wesley Winsor
answered on Sep 20, 2022

Hello,

I am sorry to hear that you are having trouble with your car. I am unsure what you are asking when you say "emissions being done". Are you asking whether a dealership has a duty to make sure the emissions are compliant with state law prior to sale? Or are you saying something else?

Wes

1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: I recently purchased a puppy. I was charged more than the amount on the contract.

The contract price was $2,035. I was charged $2,700. I did not even realize it until now. Am I entitled to the $665 back?

Wesley Winsor
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Wesley Winsor
answered on Apr 22, 2022

Yes,

You are. If the contract had price listed as $2,035, and they charged $2,700, then you are due a refund of the amount. Have you contacted the seller yet? I can't imagine that they would have a problem issuing a refund.

Contact them first and as soon as you can. This...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Utah on
Q: Do I have to keep paying my rent if the owner won't fix the unsafe water problem?

It's a mobile home park, the firehydrants don't work, the water and sewer lines are right next to each other. Others in the park are taking him to court. The city is taking him to court. I'm in a rent to own contract and the manager told me to stop paying my payment and lot rent... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 7, 2022

Continue to pay rent. In almost all cases, paying rent is crucial to maintaining your right to stay on the property. It's always better to pay rent, while simultaneously pursuing the landlord for failure to provide services noted in the contract.

1 Answer | Asked in Civil Litigation, Family Law and Child Custody for Utah on
Q: In Utah code 30-3-37 what parent determines summer parent time schedule if parents don't agree. Law that shows this
Mike Branum
Mike Branum
answered on Feb 16, 2022

If it is not outlined in the parenting plan in the Decree or Child Custody Order, the parents must either come to an agreement, go to mediation, or take the matter in front of a judge. I suggest the two of you attempt to resolve the matter. You could suggest that the other party choose which weeks... View More

1 Answer | Asked in Civil Litigation, Collections, Landlord - Tenant and Small Claims for Utah on
Q: What kind of lawyer do I need to look for? Where do I start with everything in general? How can this all happen?

evictions case from 2013, started receiving notices for the first time towards end of July 2021, all 3 summons were signed by 1 of 3 defendants but another defendant was not informed (to the best of my knowledge) garnished wages for a total amount between now 2 defendants unknown how much each will... View More

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2021

A Utah attorney could advise best, but your post remains open for two weeks. You present a number of issues to sort out, and it's possible you might benefit from an attorney who has insight into a number of the different areas (such as L-T) you describe. In terms of your immediate needs, a... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Litigation for Utah on
Q: Are there any legal recourses against pet care-giver who gets your pet high, allows it to swallow pot almost killing pet

We dropped off our very small dog to a care-giver supposedly vetted by a larger company (like an air bnb - you find a care-giver in your area with ratings or close by). When we went to pick him up he was extremely lethargic. Care-giver said he was just tired. It didn't make sense. Our dog was... View More

Lance E. Bastian
Lance E. Bastian
answered on May 26, 2021

With respect to the criminal side of things, you just need to call the police in the jurisdiction where the abuse took place. They will take the information you have and investigate further, as needed. As to the civil side, this case would probably come down to the value of the claim. Assuming the... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Utah on
Q: Is there anything, that if written in a residential lease agreement in Utah, is illegal and makes the lease void.

I’m trying to prove that the termination of my 12 year lease because i informed the landlord about a mold concern, was illegal because of landlord retaliation laws protecting tenants in Utah. They are now trying to sue us for a large sum of money that is exaggerated and fabricated. They have no... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 1, 2021

There are many things that might be put in a lease but they can't be pursued in court because they are inappropriate. It would be a waste of time and energy to try to list them all here. You cannot be taught how to defend yourself in a short note like this. Having an attorney review your lease... View More

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