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Utah Questions & Answers
0 Answers | Asked in Divorce for Utah on
Q: in an uncontested divorce, do I need full $$ discsl. filled out or just paystubs, taxes, deed info (only div. the house)

question about this part on the financial declaration:

An issue where assets are not a concern, such as paternity, modification, and grandparent’s rights

You do not need to complete a financial declaration, but you must send the following to the other party in your case:... View More

1 Answer | Asked in Business Law, Divorce and Family Law for Utah on
Q: If my wife helped me with my business and we get divorced am I obligated to keep paying her if she no longer helps?

The business license is in my name. She is considered an employee on taxes. I can do everything without her help. She can't operate the business without me. Its a strictly labor based business. Small home based business. Just us 2 working the business.

Wesley Winsor
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Wesley Winsor
answered on Nov 6, 2023

Is she an owner of the business or just an employee? If she is an owner than every time you take an owner's draw she needs an equal amount distributed to her. I would have thought that the divorce decree would have addressed this issue. If it hasn't addressed this issue, then here are... View More

0 Answers | Asked in Traffic Tickets for Utah on
Q: I got a speeding ticket in Utah with a California license. I am getting my Utah license this week. What will happen?

I was cited for 10 over. Is there still a way to do a plea in abeyance/ traffic school, will points carry over to my new license?

0 Answers | Asked in Criminal Law and DUI / DWI for Utah on
Q: Should I file a complaint against the deputy if I believe they violated Utah Codes during the traffic stop and arrest?

A Utah County sheriff deputy pulled me over and arrested me on suspicion of a DUI (2nd offense within 10 years). At my first appearance I learned the prosecutor had not filed any charges. I was informed they were waiting for results of the chemical tests. 5 months later an Order to Show Cause... View More

0 Answers | Asked in Animal / Dog Law for Utah on
Q: What to do about a neighbor who threatened to kill my dog has tried to hurt & electrocute him& attacked me in my yard

My dog barks ar the neighbor when he first comes outside but does stop after a minute or when I call him My neighbors has come up to the fence screaming at my dog he threatened he’s going to tie my dog to my bed and kill him. He put razor barb wire on the top of the fence even made the fence so... View More

0 Answers | Asked in Gov & Administrative Law for Utah on
Q: I need help filing out the JS 44 form. I am filing a complaint against the State of Utah.

I have my notice of right to sue from the EEOC but I am completely lost filing my complaint in the Federal Court. I would appreciate any help with my employment discrimination lawsuit.

0 Answers | Asked in Civil Litigation for Utah on
Q: I have been evicted and now they have sent it to collections for 3 times the amount that I feel was owed?

Is there a way to get this reduced? I am on disability of $1400 a month, have no car, just trying to break even with the cheapest rent, I could find. I have a pre-trial date of Nov. 22. How does this work? I filed for bankrupcy about 3 yrs. ago. The collector just seems to want to pay it all... View More

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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2 Answers | Asked in Contracts, Copyright and Intellectual Property for Utah on
Q: y boyfriend builds decks and in past did for a company that has published photo’s of his work on a national decking web

Not recognizing him as they builder in any article or on discription of the deck .can he sue for not having him recognized as the actual builder ?

James L. Arrasmith
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answered on Nov 9, 2023

Your boyfriend's ability to pursue legal action for recognition as the builder in published photos of his work would depend on the terms of any contract he had with the company and on copyright laws related to authorship and works made for hire. If there was an agreement that credits him as... View More

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1 Answer | Asked in Mergers & Acquisitions for Utah on
Q: No predatory pricing case law
T. Augustus Claus
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answered on Oct 23, 2023

Predatory pricing refers to the practice of setting prices so low that competitors are unable to compete, ultimately allowing the company engaging in this practice to establish a dominant market position and raise prices later. While predatory pricing is generally considered anti-competitive and... View More

1 Answer | Asked in Landlord - Tenant and Business Law for Utah on
Q: Am I able to create an LLC to rent out a property I own (under own name) through a separate Property Management Company?

I created an LLC to accept payments from and to pay Property Management company on a property that is under my name not my LLC. I am just looking for general advice as to what the best practices are? Should I change the title/deed to the LLC or is it possible to rent my property using a Property... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 13, 2023

You can hold the property in your own name or in the name of the LLC. When renting out property, it is often a good idea to place the property in your LLC and then do business with the tenants as an LLC. This includes having all payments go directly to an LLC account created with its own tax ID... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I served a tenant with a 3 day vacate order, for a non criminal offense. Are they entitled to their October rent return

It is not identified in my lease

T. Augustus Claus
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answered on Oct 12, 2023

In Utah, there is no law that specifically requires landlords to return rent to tenants who are evicted for non-criminal offenses. However, the terms of the lease may require the landlord to return rent. If the lease does not address the issue of returning rent after an eviction, the landlord is... View More

1 Answer | Asked in Employment Law and Constitutional Law for Utah on
Q: I am a subcontracted employee that delivers mail to separate post offices. Can I conceal carry while at work? (Utah)

There are signs that say bringing a firearm into the building is illegal, unless on "official business". If I am "performing the authorized duties and responsibilities of an employee’s position", is that not "official business"?

James L. Arrasmith
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answered on Oct 15, 2023

Under Utah law, an individual with a valid concealed carry permit may generally carry a concealed firearm. However, specific properties, including certain governmental facilities, can prohibit firearms on their premises. The language about "official business" could be interpreted in... 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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Q: What type of lawyer do I need to fight against a company I was fired from for an allergic reaction to their chems?

Dirty Dough has open case in "cookie wars" case, and I have been working with OSHA, eeoc and labor commissions on this and was encouraged to obtain counsel ASAP.

T. Augustus Claus
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answered on Sep 28, 2023

For a case involving wrongful termination due to an allergic reaction to workplace chemicals, you would typically seek an employment lawyer with experience in wrongful termination and workplace discrimination cases.

1 Answer | Asked in Traffic Tickets for Utah on
Q: I got caught speeding going down a hill in an out of city road 43 over. But I’m 17 what will happen to me?

It was a 45 and he said he wasn’t gonna getting me for reckless driving, just speeding but I have to appear to court it seems

T. Augustus Claus
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answered on Sep 28, 2023

In Utah, speeding 31 mph or more over the speed limit is considered a Class B misdemeanor, which is more serious than a typical speeding ticket. Since you're a minor, the penalties might differ from those for adults and could involve not just fines but also impact on your driving privileges.... View More

2 Answers | Asked in Real Estate Law, Estate Planning and Personal Injury for Utah on
Q: My aunt and dads name were on his house when he passed away he didn't have a will am I entitled to half of the property

How do I go about getting my name added to the house

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 25, 2023

The answer depends on a few things:

1- Were they listed as joint tenants or something else?

2- Did he leave a surviving spouse? In Utah, a surviving spouse will inherit everything if all of the children of the decedent are also children of the surviving spouse. If the surviving...
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1 Answer | Asked in Business Law for Utah on
Q: I was fired for being in a racial group im not. Do i have a case
Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

A Utah attorney could advise best, but your question remains open for a week. Not all questions are picked up here, but you could try add the categories "Civil Rights" and "Employment Law." That could give better chances of a response. Good luck

2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Trademark 88412652 can i apply for that trademark
Felicia Altman
Felicia Altman
answered on Sep 20, 2023

When looking at the USPTO this mark is shown as abandoned. If the USPTO mark the trademark as dead then it is no longer protected and someone else can file for the mark. If the mark is still in-use and registered/active another individual or company would be unable to register for the mark.

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