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Utah Consumer Law Questions & Answers
0 Answers | Asked in Consumer Law, Family Law, Real Estate Law and Business Law for Utah on
Q: What can I do about a black mold issue that the owner of the property won't fix?

The property owner runs a daycare and one of the property owners kids has had doctors tell them they need to get out because of mold poisoning.

0 Answers | Asked in Consumer Law, Products Liability and Small Claims for Utah on
Q: How can I pursue compensation for repair costs incurred due to a misrepresented vehicle title purchased from COPART?

We are a small dealership in Utah facing a tricky situation with COPART, an auction from which we bought a car.

They sold the vehicle with a clean title, but it was later disclosed by another auction and on CARFAX that it was actually a salvage/total loss vehicle. We contacted COPART, and... View More

1 Answer | Asked in Consumer Law and Collections for Utah on
Q: Debt collector gave me fake account number and said I owed an amount that was less than I owed what do I do ?

Debt collector gave me fake account number. original clinic said that the account number they gave me isn’t the one they have on file. The clinic gave me the actual account number that the collection agency has. I then called back the collection agency and then said that account number and it... View More

Matthew McKenna
Matthew McKenna
answered on Mar 17, 2024

Get in touch with a consumer protection attorney and see if they will offer a free consultation. Make sure to keep all potential evidence you have available for the attorney to review.

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Utah on
Q: Trying to pay debt collection in full but they don’t send any written agreement why do I do ?

I have filed my answer with a debt collector with a motion to dismiss with prejudice. I want to pay and get it over with I am even willing to pay the amount that they ask but they will not give me a written agreement stating that I will no longer owe anything to them regarding this debt. What do I... View More

James L. Arrasmith
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answered on Mar 19, 2024

In your situation, it's important to proceed with caution. Never agree to pay a debt without a written agreement, as this document is your proof that the debt will be cleared upon payment. You need this to ensure they won't claim you still owe money later.

Since the debt collector...
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1 Answer | Asked in Consumer Law and Banking for Utah on
Q: Do i need my own lawyer for mediation with a bank requesting that we handle things with their mediation team?

There are many broken laws that have been discovered and I have been requested to meet with their mediation team to get payment for their wrong doings.

James L. Arrasmith
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answered on Jan 31, 2024

Whether you need your own lawyer for mediation with a bank largely depends on the complexity of the situation and your comfort level with handling legal matters. If there are many broken laws involved and significant wrongdoing by the bank, having your own attorney can be beneficial.

Having...
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2 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for Utah on
Q: Can you sue a company for posting pictures of something you constructed (built) with out recognizing you as the builder?
T. Augustus Claus
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answered on Oct 24, 2023

In Utah, you can potentially sue a company for using pictures of something you built without crediting you, but the outcome depends on various factors. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Utah on
Q: When does the 21 day clock start ticking on the deadline to respond in a federal civil suit?

If one learns one has been named a defendant in a federal civil suit prior to actually being served (say, for instance, by coming across the complaint while reading other cases), does the 21-day "clock" start counting down to respond from the moment one first becomes aware one is a... View More

Wesley Winsor
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Wesley Winsor
answered on Jul 5, 2023

The clock doesn't start until actual service is made.

1 Answer | Asked in Consumer Law and Collections for Utah on
Q: Knight Adjustment garnished my wages. never served papers. The name is not mine. SS# is. No original debt info offered

Old RC Willey account. $2000 original. Now $21000 They wont return inquiries for help or info.

Joel Gary Selik
Joel Gary Selik
answered on May 23, 2023

Look into filing a motion to set aside the judgment for failure to serve. Review the court file to see how they claim served.

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Utah on
Q: Does the revised nonprofit corporation act take precedence over an HOA's bylaws and CCRs? Thank you!!
Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Aug 24, 2021

It depends upon the provision in question. Many portions of the nonprofit act provide, “unless the governing documents provided otherwise…”

1 Answer | Asked in Bankruptcy, Consumer Law, Real Estate Law and Business Law for Utah on
Q: I had issues with Ditech when they bought my loan from another mortgage company. They failed to pay my escrow accts

Ditech bought my loan. They were given all of my escrow in early September that was due in November. I didn’t know Ditech never paid my taxes or insurance until I received a notic that my house was going to be auctioned off. I had to prove to Ditech that it was their responsibility to pay it.... View More

Timothy Denison
Timothy Denison
answered on Jul 6, 2021

Sue Ditech.

1 Answer | Asked in Patents (Intellectual Property), Consumer Law, Copyright and Products Liability for Utah on
Q: How to I find patents filed on work research and modifications done on my truck? Is there an application?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 3, 2021

Check google patents.

If the patent has not published or granted it won't be found.

Consult with an attorney.

1 Answer | Asked in Consumer Law, Business Law, Identity Theft and White Collar Crime for Utah on
Q: I have a company that I have unsubscribed from several times. Is there any way I could file for misconduct?

The company is HP

Sarah S. Shepard
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Sarah S. Shepard
answered on Dec 4, 2020

I your issue is with unsolicited marketing emails, the CAN-SPAM Act governs email marketing conduct. Here is a link to more information about the law:

https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

Good luck!

1 Answer | Asked in Contracts and Consumer Law for Utah on
Q: I purchased a vehicle on 9/18 from a dealership who said they could arrange the financing, I also traded in my truck.

Per the contract it says they have 7 days to arrange financing from date of sale, and if they are unable to I may rescind the contract within 14 days from date of purchase. I went in to the dealership on 9/25 to see if they had arranged financing and if not I wanted my vehicle back. This resulted... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 29, 2020

Contracts are designed to handle issues that may come up in the future related to a transaction. Unfortunately, no contract can handle everything and human error can cause problems for the contract. The information you gave so far leaves room for multiple arguments on what should happen in your... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Utah on
Q: Hi i have a question i was on a auto loan with a cosiginer an i was making monthly payment then they paid it off

Hi i have a question i was on a auto loan with a cosiginer an i was making monthly payment then they paid it off and demand that i paid them back an i was making payments but not very much and theres no contract that he created for me to sing to show that I would pay him back, then he went an stole... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 2, 2020

First, it sounds as if the only agreement you signed is the one you both co-signed for the purchase of the car. The normal expectation is that you have the right to continue to pay the car loan on time until it is paid off. If you failed to do so, and the co-signer had to step in to save the... View More

1 Answer | Asked in Consumer Law for Utah on
Q: Question on pulling out of a signed purchase agreement for an aircraft, I and the buyer and want to pullout.

No funds have been deposited and the escrow agent listed in the agreement is incorrect.

Maurice Mandel II
Maurice Mandel II
answered on Jun 20, 2020

It depends on what your rights under the contract are, which are going to be stated in the contract. The fact that the contract made an error in naming the escrow company will probably not be a material term giving you an excuse to back out. It is also important why you want to back out.... View More

1 Answer | Asked in Consumer Law, Personal Injury, Tax Law and Stockbroker Fraud for Utah on
Q: Law suit or cash payment..HELOC check acceptable?

My boyfriend wanted to help me invest my portfolio. I gave him access but with stipulations that we were to talk about each position and I would okay them. I also told him I did not want to lose more than 2500$ of the original 10 k we talked about. He was to always put stops or trailing stops to... View More

Wesley Winsor
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Wesley Winsor
answered on Apr 7, 2020

He basically gave you a gift. Don't worry about taxes. Gifts are not taxed. You do not need to worry about taxes.

Wes

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Landlord - Tenant for Utah on
Q: I HIRED A guy for home improvments 1200.00 up front. said he could park his trailer on property untill he finishes,

one month ago he has made, no progress bought no materials, and is using the garage as a storage unit, i never allowed use of garage. i want him gone i want to move his stuff to storage for 30 days like i would a tenant who has left there things behind. i would call this theft by deception for... View More

Aric M. Cramer
Aric M. Cramer
answered on Apr 4, 2020

You need an attorney who practices eviction and real estate law.

1 Answer | Asked in Consumer Law, Personal Injury, Business Law and Federal Crimes for Utah on
Q: This may be stupid but i have to know, Can I sue McDonald's and Other Companies Involved in Monopoly?

I am finding out for the 1st time EVER that the monopoly games were fixed and I am devastated! As a young woman,teenager, &single mom, i spent every bit of my weekly allowance, money earned from babysitting, mowing yards, odd jobs,and money from my 1st waitressing job on the monopoly game.... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 30, 2020

When you say that the monopoly game was fixed, I am not sure understand. Did they misrepresent anything? Did you read their fine print of the rules and find out that they were lying? If so they could be liable. If you thought your chances of winning were better than what McDonalds represented... View More

1 Answer | Asked in Consumer Law and Criminal Law for Utah on
Q: I have a class a mis warrant in Utah and I lost my DL. Can I be arrested at the DMV if I go get another one?

Warrant is for 1st intensive probation violation

Brent J Huff
Brent J Huff
answered on Feb 12, 2020

Technically a person can be arrested anywhere because a warrant is a judicial command to any law enforcement to arrest that person. Whether an officer at the DMV is likely to execute a warrant is hard to say. But, if DMV suspended a license due to a warrant, and the warrant still exists, it seems... View More

1 Answer | Asked in Consumer Law and Internet Law for Utah on
Q: I purchased a woman’s bracelet online and when I received it in the mail and it was not as described on the website,

I would like to sue them but don’t know where to begin.

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2019

A Utah attorney could answer you best, but your question remains open for two weeks. Before jumping straight into suing, which could be costly, you could think about other approaches. Is there any possibility of resolving things through customer service or arranging a refund or exchange? If not,... View More

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