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Utah Small Claims Questions & Answers
0 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Utah on
Q: I'm being charged ~$2,200+ for what I feel is "normal wear and tear repairs."

Property Management hasn't given me a breakdown of each charge.

They lumped everything from removal of a bidet to attaching a screen to a window in a $935 charge used the same description for a $277 charge and then again for another $763 all whilst tacking on an additional 10%.

1 Answer | Asked in Small Claims for Utah on
Q: I got a letter saying if I decide to refile my small claims case in the appropriate jurisdiction that it is a frivolous

The letter was from a lawyer and they will get me for damages, court costs and attorney fees?

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2024

A Utah attorney could advise best, but your question remains open for three weeks. One option could be to review the letter and your original case documents with a Utah attorney. Without knowing more, it's possible your case could be frivolous; it's also possible your case could have... 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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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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2 Answers | Asked in Bankruptcy, Small Claims and Collections for Utah on
Q: Shady debt collector and lawyer what do I do ?

I owe a debt about $1703 it is mine it’s for a credit card. I called and they transferred me to their lawyer because I am in the process of being sued and I’ve had that confirmed as true. The lawyer I spoke to said if I didn’t pay within today or by Friday they would add $350 more into my... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 11, 2024

That you've "confirmed as true" that you're in the process of being true means to me that there is a pending, actual Complaint pending in a Utah court of record against you.

While it is usually viable to deal directly with the holder of a defaulted account, or its...
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1 Answer | Asked in Small Claims for Utah on
Q: Can I file a small claims case for a car loan I took out for someone else?

I got a loan for my son and the dealership was supposed to put the title in both our names but they only put it in his name now he is not making the payments. So I have the loan and he has the truck.

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2023

Certainly, in Utah, if you have taken out a car loan on behalf of someone else, and they are not making the agreed-upon payments, you have the option to file a small claims case. It's essential to first attempt to communicate and resolve the issue informally. Reviewing the loan agreement, if... 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 Real Estate Law and Small Claims for Utah on
Q: How to get my boyfriend off the title if I’m the only one on the mortgage loan
Kenneth Prigmore
Kenneth Prigmore
answered on May 10, 2021

Title is legal ownership of a piece of real estate. Unless he was placed on title in error, or through fraud, your boyfriend currently owns a portion of the real estate. The only way to remove him in that case would be to get his signature on a deed releasing his interest to you, or if he refuses,... View More

1 Answer | Asked in Contracts and Small Claims for Utah on
Q: How to file a motion on a illegally repossessed car?

Is there such thing as a 215.78 % annual percentage rate? Really high?

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 11, 2021

If you want to sue someone on your own, you can go to your local justice court. This is called a "Small Claims" court. The court will have a maximum amount of damages you can sue for. You might sue for the money back you already paid if they improperly repossessed your car. Or you might... View More

1 Answer | Asked in Civil Litigation, Real Estate Law, Landlord - Tenant and Small Claims for Utah on
Q: I paid rent the past 6 months without a lease and I can prove that can I sue for being locked after paying rent

I paid rent on the 15 I was locked out and my room was broke into everything taken from it along with my safe broke open and emptied I had a dead bolt that only I had the key to. What cAn I do if I had no lease but te ts from roommate that renterd to me that contain rental agree ments and video of... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 9, 2020

If you can't afford an attorney, go to www.utahlegalservices.org. They will represent you if you qualify.

Once the police choose to back out of the situation, your only option is to sue the landlord.

1 Answer | Asked in Contracts, Small Claims, Products Liability and Medical Malpractice for Utah on
Q: I want to take dentist to small claims court, for reimbursement for bottom denture that was damaged beyond repair.
Tim Akpinar
Tim Akpinar
answered on Aug 29, 2020

A Utah attorney could advise best, but your post remains open for two weeks. There wasn't a question here, but if you are interested in using small claims courts, most unified statewide court systems include online resources for small claims court. Their resources for the public generally... View More

1 Answer | Asked in Contracts and Small Claims for Utah on
Q: Do I have a chance to win this in court?

My CHOICE Home warranty (CHW) policy covers my HVAC

CHW sent a technician to evaluate my HVAC problem

CHW denied my claim:

“It has been determined that there is a restriction in the refrigerant line of the HVAC system. This contamination of the sealed system is the result... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 12, 2019

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can tell the future) and unable to opine on your current dilemma. The only way you can bee 100% sure if you... View More

2 Answers | Asked in Criminal Law and Small Claims for Utah on
Q: Person keeps product, credit card company refunds money

A person in another state buys a product from me he called me telling me it was damaged I asked him to take a photo and text it to me so I could help him with a replacement he refused then told me he wished he would have bought a cheaper one at Walmart and told me to send him a shipping label so he... View More

Wesley Winsor
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Wesley Winsor
answered on Aug 13, 2019

No, this is illegal. He has breached his contract. The contract was made when he purchased the product. If you want recovery, you can sue in small claims for the price of the product and service fees. It may not be worth your time, but you have a cause of action.

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1 Answer | Asked in Small Claims, Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: I signed a contact for 12 months that states it auto renews after the 12 months unless they receive 30 days notice.

I am now trying to buy a house but they say I'm in a contact for 8 more months. I've lived here 1.5 years after the initial contact was complete. Is this legal? Is this something I can fight in court or is it something I more than likely will lose. They want 3 months rent for fees.

Wesley Winsor
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Wesley Winsor
answered on Jan 10, 2019

Contracts with auto-renewals are valid. It cuts both ways, if you didn't want to move they couldn't terminate the contract for another year.

More common than the auto renewal contract is the one that goes a month to month after the expiration of the initial term.

I am...
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1 Answer | Asked in Personal Injury and Small Claims for Utah on
Q: Auto-repair/dealer employee made rude/crude comments while giving me a bill for something i didnt ask for. What can I do

I already knew the problem and just wanted an idea of how much it would cost. I left and returned and decided it was to much so i wanted my car and to leave. So, he wrote me a bill for diagnostics and i told him i already knew what was wrong, i didn't want the diagnostic. He said it was in the... View More

Wesley Winsor
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Wesley Winsor
answered on Aug 28, 2018

I am sorry, but there is not much you can do legally. Offensive speech is free speech. There are such claims as "intentional infliction of emotional distress" and "negligent infliction of emotional distress" but his conduct would not rise to that level.

If he had...
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1 Answer | Asked in Consumer Law, Animal / Dog Law and Small Claims for Utah on
Q: Am I entitled to a refund or reimbursement of vet expenses for a puppy I bought with undisclosed health problems?

We bought a 6 month old puppy through KSL classifieds two months ago. We took her in to be spayed two weeks later and learned that she had a severe bladder infection along with blatter stones and crystals. The cost of diagnosis and treatment exceeded the cost of the puppy. On top of that, we... View More

Wesley Winsor
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Wesley Winsor
answered on Jun 8, 2018

Hi,

I am sorry for your situation. Utah is a buyer beware state. There are some enhanced duties if the seller is a "merchant" meaning that they do this for their profession, but unless he actively hid it from you or represented that the puppy definitely did not have eptopic...
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1 Answer | Asked in Animal / Dog Law and Small Claims for Utah on
Q: I bought a dog and 2 months later the lady wants him back, can she by law take him?

I bought a dog 2 months ago and now the lady that sold me the dog is saying that she wants him back and is saying legally the dog is still hers. I paid $500.00 for the dog and I have a bank statement saying I sent her the money. Can she’s call the cops and come after me?

Wesley Winsor
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Wesley Winsor
answered on Mar 15, 2018

Animals are property. And I guess technically would fall under the "statute of frauds" that states that goods sold over $500 need a written contract in order to be enforceable. Was there a contract or some type of writing generated for the sale of the dog? Or was it a cash deal of... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Small Claims and Animal / Dog Law for Utah on
Q: what are the law on pet custody in Utah?

My now ex-girlfriend decided to bring a hedgehog to my house. she lives in Missouri. it's been about 2 months and still doesn't know when she is coming back for him. I love him and have grown a strong bond for him. is there a way i can gain legal ownership of this hedgehog?

Aric M. Cramer
Aric M. Cramer
answered on Feb 3, 2018

This is an Animal law question, not a criminal law question. Contact an attorney in that specialty.

1 Answer | Asked in Consumer Law, Contracts, Legal Malpractice and Small Claims for Utah on
Q: Can I take legal action against a pawn shop that gave me false information?

I paid $1000 for a diamond wedding ring from Zales. We were in a desperate situation and needed cash fast. We looked into Pawning the ring but they said it was only worth $100 and that they could only sell it for $300 at most. They told us we were lied to about the value from where it was... View More

Wesley Winsor
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Wesley Winsor
answered on Jun 30, 2017

Hi,

First off, let me say I am sorry for the situation. This can be extremely frustrating especially if there is sentimental value attached to the item.

I am assuming you sold the ring rather than pawned it (you got a loan from them using the ring as collateral). If that is the...
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2 Answers | Asked in Criminal Law, Domestic Violence, Landlord - Tenant and Small Claims for Utah on
Q: possible 2 evict roommate& her bf if name on lease,they also have assaulted me have Police report,need out fast
Aric M. Cramer
Aric M. Cramer
answered on Jun 15, 2017

This is a landlord/tennant issue and not a criminal defense issue, so unfortunately I don't know.

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1 Answer | Asked in Bankruptcy and Small Claims for Utah on
Q: will bankruptcy stop my Driving privileges from being suspended?

I have 9 days before they suspend my driving privilege for a accident I had with no insurance. if I FILE BEFORE THE DATE CAN IT SAVE MY DR FROM BEING TAKEN?

Michael Sundwall
Michael Sundwall
answered on Apr 27, 2017

Yes. Even if you file bankruptcy after your license has been suspended, you can have it reinstated immediately upon filing bankruptcy and taking written verification to the appropriate office. In my experience, the Utah Driver License Division is very familiar with the fact that the federal... View More

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