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Utah Questions & Answers
0 Answers | Asked in Personal Injury for Utah on
Q: if I donated plasma and passed during a hematoma 2 weeks after a misdiagnosed arm (ulna) bone fracture do I have a case?

I went to the er after work because I needed stiches but I told the doctor after I got the cut I laid down and woke up with my hands shaking infront of my face, then felt super nausea for 5 minutes, then passed out again which was unlike any accident I’ve ever had and I’ve been in for much much... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Utah on
Q: Car insurance won’t refer me to one of there recommended refer shops and won’t rent me a car.

My vehicle was in an accident, I was issued a rental vehicle while I looked for a repair shop and was dropped of at the shop before insurance adjuster told it need to be dropped off.

My car was in the shop but my rental time had reached the $1500 amount on my policy.

The repair... View More

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2024

A Utah attorney could advise best, but your question remains open for three weeks. Unless it's a very generous policy, rental rights tend to be limited in many auto policies. One option could be to review the policy and your rights with a local attorney. Keep in mind that if the claim does not... View More

2 Answers | Asked in Trademark for Utah on
Q: I was looking on the gov website and several trademarks there said they were canceled. What website is more accurate?
Sean Goodwin
Sean Goodwin
answered on Mar 27, 2024

The USPTO website is the most accurate website for a U.S. trademark registration status. If the trademark listed was "canceled," then the first person to apply for that trademark and the same class/listing would become the new owner once the examination was completed.

Trademark...
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1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: If I personally draw a silhouette of a character from a movie and put it on a tshirt to sell it, can i be sued?

I am looking to make a clothing item based on an idea from an animated movie but do not want to be sued for copyright infringement. All designs are personally hand-drawn by me but are based on characters from the movie. There are no details in the drawings, just silouettes.

James L. Arrasmith
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answered on Mar 25, 2024

If you create and sell clothing featuring silhouettes of characters from an animated movie, you could potentially face copyright infringement issues. Copyright law protects original works of authorship, including characters from movies. Even if you've hand-drawn these silhouettes without... 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 Civil Rights and Libel & Slander for Utah on
Q: So my brother is posting very untrue stuff about me and my family? What can I do

So my mother passed away and he has posting untrue stuff about me on Facebook! Well he made a video of my mom in the hospital saying that I wanted to shoot my brother in the head and I wished he was dead! Which isn’t true! He also told people that I didn’t want to take care of her which is... View More

James L. Arrasmith
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answered on Mar 21, 2024

I'm sorry to hear about the difficult situation you're facing, especially during a time of mourning. It's challenging when family conflicts compound the pain of losing a loved one. Here are some steps you can take to address this issue.

First, consider reaching out directly...
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1 Answer | Asked in Immigration Law for Utah on
Q: After receiving your l-485 application approval does the waiting time gets reduced after you become resident ?

I filed the l-485 application form on May 2020.Now it’s March 2024. It has been almost four years since I am waiting for the approval.

James L. Arrasmith
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answered on Mar 20, 2024

If you receive approval for your I-485 application, this means you have been granted lawful permanent resident status in the United States. Once approved, there is no longer a "waiting time" in the context of the I-485 application itself; the approval marks the end of the process for... View More

1 Answer | Asked in Adoption for Utah on
Q: I have had custody of my godson since he was born I am wondering if God parents count as relative adoption?
Jason F. Barnes
Jason F. Barnes
answered on Mar 19, 2024

In many jurisdictions, the term "godparent" does not have a legal significance in the same way it does in religious or cultural contexts. Unlike legal guardians or custodians, godparents typically do not have a legally binding relationship with a child under state law. This is my... 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 Real Estate Law and Landlord - Tenant for Utah on
Q: Anything I should be doing after Plaintiff replied and Submitted for Decision after my Response Opposing Sum. Judgment.
James L. Arrasmith
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answered on Mar 30, 2024

After the plaintiff has replied and submitted the case for decision following your response opposing summary judgment, it's important to stay engaged and prepared. Keep in close communication with your legal representative to understand the next steps. They may advise on whether additional... View More

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 Personal Injury, Civil Rights, Domestic Violence, Legal Malpractice and Family Law for Utah on
Q: After my husband was arrested for aggrevated assault against what the court papers called a protected person "TS" but wa

s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:

As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it....
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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: I am wondering about trademark law specific to a product and words rather than a logo/brand company name.

I made a chronic illness planner. Another company has a trademark on the words-UTOPS confirmed, "Chronic Illness Planner." (It's not their brand nor logo/company name but trademarked to their specific planner product). What are the safe bounds for my product and name, (which would... View More

Alan Harrison
Alan Harrison
answered on Mar 13, 2024

I am skeptical that someone actually registered a trademark for such a descriptive or even generic combination of words. Because you have not engaged me I have done no work to investigate or confirm your facts. Taking what you say as true, there is a very limited scope of protection for a... View More

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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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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 Real Estate Law and Landlord - Tenant for Utah on
Q: I am a Pro Se Defendant a Reply and Submit For Decision have been submitted to the court by the Plaintiff. Options?

I filed my response to the Motion For Summary Judgment and as I said the Reply and Submit For Decision have been filed. Is there anything I can do at this point to stop this Summary Judgment? Can I file to have the case dismissed or respond to the reply? Can I request a hearing? Do I just simply... View More

James L. Arrasmith
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answered on Mar 31, 2024

As a pro se defendant, you have a few options at this stage, but some may be limited depending on the court's rules and the specifics of your case. Here are some potential steps you can consider:

1. Motion to Strike: If the plaintiff's reply contains new evidence or arguments that...
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1 Answer | Asked in Collections for Utah on
Q: I’m trying to pay off a debt to a shady collections agency.

I’m trying to pay off the full amount of the debt for 1,703 the debt collecter sent me to their lawyer because I am being sued by them. She said that if I didn’t pay in full by today or Friday that she would charge me an extra fee of $350. I asked if I could get a written agreement saying I... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

This has all the earmarks of a collection scam.

First, confirm with the court itself that a lawsuit has in fact actually been filed against you. Most courts have online public access to court records. Don't call a number on a letter or click on a link provided to you. Go online and...
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