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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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1 Answer | Asked in Collections for Utah on
Q: I am being sued by a debt collection what do I do ?

Collection agency hasn’t served me but I know I am being sued. I’ve received papers from lawyers saying they will defend me from them. They only sent me papers of the debt I owe and it is mine for about $1,700 and they said I had until the 24th to respond but they filed a lawsuit. They are very... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 10, 2024

If you settle with them, pay the debt in whole or a reduced compromise amount, get the agreement in writing before payment. Have the agreement provide they must file a dismissal with prejudice.

As to the lawsuit, if not settled prior to the response time you must file your answer with...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: court today on staking Injunction. I got attacked on 11/17/23 at my apt by neighbor. I got kicked out. From housing

Housing authority I got the staking Injunction before they were going to kick me out. Instead they were going to keep her there. But kick me out. How can I use this in court today.

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about the attack and the difficult situation you're facing with housing. Here are a few points that may be helpful as you prepare for court today regarding the stalking injunction:

1. Emphasize your safety concerns: Highlight that you were the victim of an attack...
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1 Answer | Asked in Health Care Law for Utah on
Q: I need back surgery. My quality of life is nonexistent. Due to concerns about my heart. I'm being refused surgery.

I've had a heart transplant, due to a viral infection. I can not return to work, until I can stand and walk. Spinal decompression surgery is absolutely needed. Why is my informed consent for surgery, being disregarded and I am forced to remain in pain and in a state of depression with feelings... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A Utah attorney could advise best, but your question remains open for four weeks. This may be a medical decision more than a legal one. You could discuss with other medical providers for their opinions. A healthcare attorney might also be able to assist in identifying and analyzing options. Good... View More

1 Answer | Asked in Contracts for Utah on
Q: I recently purchased a car. I had 3 vehicles that I traded for 1. I didn’t know the exact mileage of 2 of the vehicles

At the time I was working the deal

I guessed the mileage and stresses it was a guess. When signing the contract the dealership had me sign a blank odometer statement as again, I didn’t know the mileage off the top of my head. We completed the deal and the sales person accompanied me... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 7, 2024

Hey there,

It's essential to understand that preventing someone from filing a lawsuit isn't something you can do preemptively. The crux of the matter will likely revolve around the contract you signed. It's worth asking if there was a specific trade-in agreement or similar...
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1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Municipal Law for Utah on
Q: Whats the punishment in Utah for registering to vote under a po box, but it's still in the district where you live?
James L. Arrasmith
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answered on Mar 8, 2024

Registering to vote using a P.O. box instead of a residential address can raise concerns under Utah law, as voter registration typically requires a physical address to ensure you are voting in the correct district. While the intention might be to remain within legal boundaries, especially if the... View More

1 Answer | Asked in Business Formation and Business Law for Utah on
Q: How do you start a self-employed private service provider?

I would like to start teaching cello but not accidentally commit tax fraud.

Wesley Winsor
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Wesley Winsor
answered on Mar 5, 2024

It's great to hear about your interest in teaching cello! To ensure you navigate this new venture without any tax-related issues, it's crucial to meticulously record all your expenses and income. This will not only help you manage your finances better but also simplify your tax filings.... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Utah on
Q: If sales rep lies about a POS system and put us on a lease but we returned it w/in a week do we need to pay a buyout?

We request services from clover for our online business that has a rolling menu. We were under the impression we needed this device in order to help build a website and receive payments. The agent explained to us that it can do this and the monthly cost was roughly only 45$ a month. When asked what... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 1, 2024

"Hey there! Ah, the classic tale of signing up for something that sounded as sweet as a rolling menu but ended up rolling you over instead.

1 Answer | Asked in Trademark and Intellectual Property for Utah on
Q: Planner company has TM on "Chronic Illness Planner." How can I use those words legally without infringing on trademark?

A planner company (bloom planners) has trademarked the words "chronic illness planner" and I'm wondering what legal ways I can use those words without infringing on the trademark? Chronic Illness and Planner are both generic words but put together for that company, they represent a... View More

James L. Arrasmith
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answered on Feb 25, 2024

Navigating the use of trademarked terms requires careful consideration to avoid infringement. When a company has a trademark on specific terms like "Chronic Illness Planner," it means they have exclusive rights to use those terms in certain contexts, particularly in the same industry or... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Utah on
Q: how are people able to sell a product even though it has a patent design?

Lot of people are selling different versions of a selfie stick, how are they able to even though there is a patent?

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 24, 2024

I do not know what patents cover selfie sticks, but generally when someone says that they have a patent for product, they typically have a patent on only certain kind of a product.

So, for hypothetically, a "selfie stick patent" may claim a selfie stick that attaches the camera...
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1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Can I renegotiate a lease before it’s expired?

My husband wrote a 3 year lease. We just got divorced. Can I renegotiate the terms and get his name off the lease? The HOA increased and the rent does not cover all cost associated with the property. Is there anyway I can change the lease to a yearly lease? Or increase the rent to cover the... View More

Wesley Winsor
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Wesley Winsor
answered on Feb 26, 2024

Landlords may consider renegotiating a lease to adjust terms, such as increasing rent, but it's crucial to remember that tenants are not obligated to consent. This is because tenants currently hold an enforceable contract. Alterations to the lease terms require mutual agreement unless the... View More

1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My mom passed away we then find out her attorney is executor of her will. Can we fire him?

She was always nervous could never be alone from age 2. She sighned that not knowing what it meant. He can sell everything including the home property everything inside and out. Mom wouldn’t have willing do this we need help please.

James L. Arrasmith
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answered on Feb 25, 2024

If the attorney serving as the executor of your mother's will is acting in a manner that raises concerns, beneficiaries do have options. Generally, an executor can be removed by the court for valid reasons such as mismanagement of estate assets, failure to comply with the will's terms, or... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for Utah on
Q: If a friend is pregnant and wants to give you custody of her baby, what legal action,if any, do u need to do.

Do you have to go through an adoption agentcy or does she just sign over custody?

Jason F. Barnes
Jason F. Barnes
answered on Feb 20, 2024

As to your question in general, it comes down to what you want to do.

1. Temporary custody: This allows you to have custody of the child for a limited period, typically up to 6 months. However, it can be revoked at any time by the birth parents. Drafting this document requires meeting...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: If you roofie someone then coerce them to drive on the highway to ensure they're driving when knocked out. What crime?

This happened to me.I have spent the last 12 years trying to get justice ever since. It's a disgusting abomination of justice I am determined to correct.

James L. Arrasmith
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answered on Feb 23, 2024

What you experienced is a serious criminal offense that involves multiple violations of the law. Roofie-ing someone with the intent to incapacitate them and then coercing them to drive while they are unconscious constitutes a range of offenses, including but not limited to drug-related crimes,... View More

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Utah on
Q: I'm an heir to an estate, How do I get my funds out of court after a foreclosure?
Kenneth Prigmore
Kenneth Prigmore
answered on Feb 16, 2024

The entity that foreclosed on the home will have the money initially. If it's over $100k, they will normally refuse to give it to an heir without first your going to court and requesting to be named as the personal represenative.

If it has been long enough, the entity may have turned...
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1 Answer | Asked in Traffic Tickets for Utah on
Q: What happens if you get a citation over a law that no longer exists

I had a cop threatening me that he will cite me for having underglow on my vehicle. But I didn't have any red or blue lights. And I've been told by other officers that they are legal as long as there are no red or blue lights or flashing lights. And I looked it up and there's no... View More

James L. Arrasmith
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answered on Feb 23, 2024

If you receive a citation for violating a law that no longer exists, you may have grounds to contest the citation and have it dismissed. It's important to gather evidence to support your case, such as documentation showing that the law has been repealed or amended, and present it to the... View More

1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: Copyright: If multiple people contribute to a finish document who has copyright to it?

We often survey and map caves. Typically this involves people shooting survey instruments, then sketchers recording the data and hand drawing a map, and then a cartography takes all the data and makes a digital version. Many people in our world assume the cartographer who makes the finished digital... View More

James L. Arrasmith
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answered on Feb 21, 2024

In situations where multiple people contribute to the creation of a finished document, determining copyright ownership can be complex. Copyright law typically recognizes the contributions of each individual involved in the creation process. While it's common for people to assume that the... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Question on 76-6-506.3. Financial transaction card offenses -- Unlawful acquisition, possession, or transfer of card.

Charged in 2016 but due to homeless and life issues, still have not gone to court but the allegations are completely false. Also wondering if there is a statue of limitations.

James L. Arrasmith
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answered on Feb 23, 2024

Given that you've been charged under section 76-6-506.3 related to financial transaction card offenses, it's crucial to address the situation promptly to avoid further complications. Despite the challenging circumstances you've faced, it's essential to prioritize resolving the... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Municipal Law for Utah on
Q: Can Park City Tow Keep My Social Security Card and Birth Certificate after towing my friends Car?

My friends car was towed from town lift parking garage and park city tow refused to give me any of my possessions back including my prescription glasses, Birth Certificate and Social security card. This has prevented me from being able to get a Job and made me homeless.

James L. Arrasmith
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answered on Jan 29, 2024

In Utah, a towing company generally does not have the right to withhold your personal belongings, including your Social Security card and birth certificate, after towing a vehicle. These items are your personal property and should be returned to you.

It's recommended to contact the...
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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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