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Utah Civil Litigation Questions & Answers
Q: Legal steps for neighbor's camera and harassment in Utah?

I am experiencing issues with my neighbor, who has a security camera pointed directly at the middle of my backyard from their second-story window. This situation has intensified after a 9-year-old girl from their family made false accusations against me, which her family believes. Despite trying to... View More

James L. Arrasmith
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answered on Jun 14, 2025

It’s completely understandable that this situation is taking a toll on you, especially when it involves both privacy concerns and emotional strain. In Utah, there are few specific laws limiting the direction or placement of home security cameras unless they are used to intentionally invade a... View More

1 Answer | Asked in Civil Litigation, Contracts and Business Law for Utah on
Q: How can I get my customized gun back from an unresponsive gunsmith in Utah?

I live in Utah and have a gun being customized by a gunsmith. It's been 11 years, and despite his repeated promises to complete the work, he hasn’t responded to texts or phone calls since October 2023. I've visited his location and attempted to contact him with no success. I want to... View More

James L. Arrasmith
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answered on Jun 12, 2025

That’s a long time to wait, and it’s completely understandable that you want your firearm back without turning it into a criminal issue. Even without a written contract, your gun is still your legal property, and the gunsmith has no right to keep it indefinitely—especially without... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Utah on
Q: Issues with home warranty company on SPA and AC repairs in Utah

I have issues with a home warranty company in Utah regarding multiple repairs, including SPA pumps and my air conditioner, although the warranty company is not fulfilling their obligations. Since March, technicians refuse to complete jobs due to lack of upfront payment from the company. For the air... View More

James L. Arrasmith
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answered on Jun 10, 2025

You're not alone—many homeowners have faced frustration when home warranty companies drag their feet or deny valid repairs. When technicians refuse to do work because the warranty company won’t pay upfront, that shows a serious breakdown in how the service is supposed to function. If the... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Utah on
Q: How to address lies and ensure compliance in a Utah family custody case?

I am involved in a family custody case where the other party is lying in court, claiming that I never lived with my kids, which is untrue. Additionally, she does not follow court orders. I'm concerned about how these issues might impact the outcome of the case. What steps can I take to address... View More

James L. Arrasmith
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answered on Jun 12, 2025

Your frustration with false statements and non-compliance in your custody case is completely understandable, and documenting everything will be your most powerful tool in addressing these issues. Start gathering concrete evidence that proves you lived with your children - this could include lease... View More

1 Answer | Asked in Health Care Law, Public Benefits and Civil Litigation for Utah on
Q: How to dispute a Medicaid overpayment claim in Utah?

I was on Medicaid and informed them when I started a new job that I didn't need the coverage anymore. Recently, I received a notice from DWFS claiming I owe over $13,500 for coverage from September 2024 to January 31, 2025. Despite contacting their office multiple times, I couldn’t get... View More

James L. Arrasmith
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answered on Jun 12, 2025

You're right to feel overwhelmed—getting a bill like that out of nowhere, especially when you tried to do the right thing, is incredibly frustrating. If you informed Medicaid that you no longer needed coverage and they failed to act on it, you have every reason to challenge the overpayment... View More

1 Answer | Asked in Health Care Law and Civil Litigation for Utah on
Q: Daughter’s rights for release from Utah behavioral facility.

I am seeking advice regarding my daughter's voluntary admission to Aspen Grove Behavioral Facility in Orem, Utah, for suicidal thoughts on 4/24. She has previously experienced hallucinations but currently does not, and was initially admitted to the wrong unit until it was corrected the next... View More

James L. Arrasmith
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answered on May 15, 2025

Your daughter has the right to request her release from a voluntary behavioral facility in Utah, especially if she no longer feels the need for treatment or if she is unhappy with the current treatment plan. However, the facility can deny the request if they believe she poses a safety risk to... View More

1 Answer | Asked in Family Law and Civil Litigation for Utah on
Q: Can I use DCFS case details to support guardianship of my grandson?

I am currently taking care of my grandson, who lives with me. My daughter has open DCFS cases on two of her other children, but not on my grandson. There are no legal proceedings concerning him, only a verbal agreement for him to stay with us until the end of the school year. My daughter wants to... View More

James L. Arrasmith
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answered on May 15, 2025

If you are seeking guardianship of your grandson, the focus will generally be on his best interests and the stability you can provide for him. While the details of your daughter’s DCFS cases concerning her other children may give some context to her situation, they may not be directly relevant to... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Utah on
Q: Looking for case law to exclude inflammatory evidence in Utah.

I am a pro se defendant in a case where the prosecution is attempting to admit voicemails I left for a former friend under Rule 403 as evidence. These voicemails contain profane and obscene language, making them inflammatory, but there are no direct threats present. The prosecution alleges these... View More

James L. Arrasmith
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answered on May 15, 2025

You're on the right track by raising Rule 403 as a basis for excluding the voicemails. In Utah, courts are cautious about admitting evidence that might stir emotional reactions or bias the jury unfairly, especially if the material lacks strong probative value. If the voicemails contain... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Utah on
Q: Can I report unauthorized maintenance entry without notice?

I was at home and chose not to answer the door when a maintenance worker tried to enter without notice. Having had issues with the landlord at my doorstep previously, I didn't feel comfortable answering. The maintenance worker used a key to unlock the door and attempted to open it, but I... View More

James L. Arrasmith
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answered on May 15, 2025

Yes, you absolutely have the right to report this incident. Even if maintenance has a key, they cannot legally enter your unit without proper notice—usually 24 hours in advance—unless it's an emergency, like a fire or serious water leak. If your lease doesn’t clearly give them permission... View More

1 Answer | Asked in Civil Litigation and Small Claims for Utah on
Q: State demanded $20,000 restitution after 20 years; lien on house.

20 years ago, my nephew was involved with two others in taking a 12-pack of beer, and he went to prison because the others implicated him. A year ago, the state demanded $20,000 restitution, despite the time passed, and he has already paid $10,000. They placed a lien on his house and advised him to... View More

James L. Arrasmith
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answered on May 14, 2025

Your nephew should start by requesting a clear explanation in writing from the state about why the restitution demand was made after 20 years, especially since part of it has already been paid. This will help him understand if the claim is legally valid or if there might have been a mistake or... View More

Q: Can CPS remove my new child based on previous TPR in a different state?

I have had three children removed by CPS in Utah. My daughter was removed at 6 months due to domestic violence and mental health issues. My son was removed for "sibling at risk" during my girlfriend's pregnancy, and both cases were combined even though the removals occurred at... View More

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answered on May 15, 2025

You’ve already been through an incredibly difficult experience, and it makes sense to be anxious about what might happen with your new baby. While every state has its own child welfare procedures, most will take a prior termination of parental rights (TPR), especially one involving multiple... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Utah on
Q: Tricked into car loan, credit impacted after vehicle repo.

Over two years ago, I helped an acquaintance purchase a vehicle and was tricked by the dealership into signing paperwork on their assurance that I would be removed from it in 10 months. This removal did not happen, and I've been stuck on the paperwork the entire duration. The vehicle was... View More

James L. Arrasmith
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answered on Apr 14, 2025

It sounds like you've found yourself in a difficult situation due to the actions of both the dealership and your acquaintance. Since you were promised that you would be removed from the loan and were misled about the terms, it’s important to gather all documentation related to the vehicle... View More

1 Answer | Asked in Family Law and Civil Litigation for Utah on
Q: How to terminate court-ordered guardianship due to child's safety concerns?

I am seeking to terminate the guardianship of a child who is currently in danger due to the actions of the guardian. The guardianship is court-ordered. What legal steps can be taken immediately to ensure the child's safety and begin the process of terminating the guardianship?

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answered on Apr 13, 2025

When a child is in danger due to a guardian's actions, you should take immediate steps to protect them while also initiating the legal process to terminate the guardianship. If there's an emergency situation requiring immediate protection, you can file for temporary emergency... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Utah on
Q: Can AI-generated responses from Google be used as evidence in a legal case in Utah?

I'm involved in a legal case where the plaintiff has made several accusations against me. I've found AI-generated responses from Google that I believe prove these accusations wrong. I've never used Google responses as evidence before. Can I use these AI-generated responses as... View More

James L. Arrasmith
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answered on Apr 13, 2025

Using AI-generated responses from Google as evidence in a legal case can be tricky. Courts typically require evidence to meet certain standards, including reliability and relevance. Since AI-generated responses are not created under controlled conditions and may not always be accurate or... View More

2 Answers | Asked in Business Law, Insurance Defense and Civil Litigation for Utah on
Q: Insurance broker negligence leading to business shutdown in the 10th Circuit.

I am dealing with a situation involving insurance broker negligence in the 10th Circuit. I believe the broker was negligent and breached their duty, which led to the shutdown of my business. I have written communications and agreements with the broker related to this incident. How should I proceed,... View More

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2025

A Utah attorney could advise best, but your question remains open for two weeks. It could be difficult for any attorney to tell you how to proceed in response to your question. More likely, if you reached out to attorneys, they would probably recommend a consult to review your insurance... View More

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1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: Do I have to return an engagement ring if we broke up and never married?

I received an engagement ring from my partner six months ago as a promise to be married. We recently broke up and never got legally married or had a wedding. When we ended the relationship, he did not ask about the engagement ring, only about his personal belongings. Although the police reached out... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Utah, the law regarding engagement rings is a bit tricky. Generally, engagement rings are considered a "gift in contemplation of marriage," which means that if the marriage doesn't happen, the giver may have the right to ask for it back. Even though you never got married, it’s... View More

1 Answer | Asked in Patents (Intellectual Property) and Civil Litigation for Utah on
Q: How to handle potential patent infringement for sun visor extender?

I have a utility patent (approved in June 2021, applied in August 2019) for a sun visor extender. I've noticed someone else is selling a similar product, and I'm concerned it may infringe on my patent. How can I search for their patent status, and what steps should I take to address this... View More

Babak Akhlaghi
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answered on Mar 10, 2025

This is a good question. The key issue is not whether the other party has a patent, but whether their product infringes on the claims of your patent. To determine this, you need to carefully compare their product to the specific claims outlined in your patent. If their product matches any of your... 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

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

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