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Utah Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: I recently purchased a puppy. I was charged more than the amount on the contract.

The contract price was $2,035. I was charged $2,700. I did not even realize it until now. Am I entitled to the $665 back?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Apr 22, 2022

Yes,

You are. If the contract had price listed as $2,035, and they charged $2,700, then you are due a refund of the amount. Have you contacted the seller yet? I can't imagine that they would have a problem issuing a refund.

Contact them first and as soon as you can. This...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Utah on
Q: Do I have to keep paying my rent if the owner won't fix the unsafe water problem?

It's a mobile home park, the firehydrants don't work, the water and sewer lines are right next to each other. Others in the park are taking him to court. The city is taking him to court. I'm in a rent to own contract and the manager told me to stop paying my payment and lot rent... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 7, 2022

Continue to pay rent. In almost all cases, paying rent is crucial to maintaining your right to stay on the property. It's always better to pay rent, while simultaneously pursuing the landlord for failure to provide services noted in the contract.

1 Answer | Asked in Civil Litigation, Family Law and Child Custody for Utah on
Q: In Utah code 30-3-37 what parent determines summer parent time schedule if parents don't agree. Law that shows this
Mike Branum
Mike Branum
answered on Feb 16, 2022

If it is not outlined in the parenting plan in the Decree or Child Custody Order, the parents must either come to an agreement, go to mediation, or take the matter in front of a judge. I suggest the two of you attempt to resolve the matter. You could suggest that the other party choose which weeks... Read 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... Read 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... Read more »

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Litigation for Utah on
Q: Are there any legal recourses against pet care-giver who gets your pet high, allows it to swallow pot almost killing pet

We dropped off our very small dog to a care-giver supposedly vetted by a larger company (like an air bnb - you find a care-giver in your area with ratings or close by). When we went to pick him up he was extremely lethargic. Care-giver said he was just tired. It didn't make sense. Our dog was... Read more »

Lance E. Bastian
Lance E. Bastian
answered on May 26, 2021

With respect to the criminal side of things, you just need to call the police in the jurisdiction where the abuse took place. They will take the information you have and investigate further, as needed. As to the civil side, this case would probably come down to the value of the claim. Assuming the... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Utah on
Q: Is there anything, that if written in a residential lease agreement in Utah, is illegal and makes the lease void.

I’m trying to prove that the termination of my 12 year lease because i informed the landlord about a mold concern, was illegal because of landlord retaliation laws protecting tenants in Utah. They are now trying to sue us for a large sum of money that is exaggerated and fabricated. They have no... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 1, 2021

There are many things that might be put in a lease but they can't be pursued in court because they are inappropriate. It would be a waste of time and energy to try to list them all here. You cannot be taught how to defend yourself in a short note like this. Having an attorney review your lease... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Utah on
Q: Hello, I need assistance getting out of my lease because of an unsafe condition (drugs).

The unit below me was raided a couple weeks ago and they seized over $1 million in meth. I told the office I was moving because of an unsafe living environment. They told my I had 2 options, both required me to continue to pay. My understanding is that if the landlord doesn't provide an quiet... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 30, 2020

If you can't afford an attorney, contact utahlegalservices.org. They are good with landlord tenant situations and I think you have a good argument that your apartment is unsafe. When a home is found to have large amounts of meth, they will often destroy the home and dig out the basement and... Read 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... Read 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 Civil Litigation and Contracts for Utah on
Q: Does each living child need to sign the contract for attorney in wrongful death suit?

My brother and I are working with an attorney to review a potential wrongful death suit against my mother's physicians. As part of the medical records request the attorney asked my brother to sign the contract, but did not include any of the other siblings information. Do both siblings need to... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 8, 2020

I recommend you ask this question to a civil litigation attorney. This is a litigation contract you are asking about.

1 Answer | Asked in Estate Planning, Civil Litigation, Insurance Defense and Probate for Utah on
Q: Life Insurance is asking for prescription list, autopsy and toxicology reports. How do I obtain these if Im not related?

BF died of drug intoxication. Insurance is asking for prescription list, autopsy and toxicology. We were not married how do I obtain these? I doubt his family will help me obtain one.

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 8, 2020

Obtain some sort of official demand from the life insurance company and give a copy to the sources of the documents you need. This may work.

Attorneys can normally obtain these items with a letter saying they need it for their client to obtain insurance.

If neither of these work,...
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2 Answers | Asked in Civil Litigation and Contracts for Utah on
Q: I live in Utah. When is the latest a lease must be provided for me to sign and agree with?
Kenneth Prigmore
Kenneth Prigmore
answered on Aug 17, 2020

There is no rule. You can actually rent a property without a lease if both parties agree to do so. This is called a month to month tenancy. Leases are recommended as it gives stability and allows the parties to have a signed document confirming everything agreed upon. If you have no lease, you are... Read more »

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1 Answer | Asked in Civil Litigation and Civil Rights for Utah on
Q: Can Walmart refuse me for not wearing a face mask for religious or medical reasons

In utah

Tim Akpinar
Tim Akpinar
answered on Aug 2, 2020

A Utah attorney could answer best, as elements of state public health law and state executive orders could apply. But your question remains open for two weeks. As a general matter, they probably could because of the public safety issue - unless a doctor's note excuses usage on a medically... Read more »

1 Answer | Asked in Divorce, Civil Litigation, Civil Rights and Domestic Violence for Utah on
Q: I need a lawyer criminal divorce and 2civil case, I'm disabled and need one that will work with me on the fees

St. George ut.

William Melton
William Melton
answered on Jun 10, 2020

Send me an email and I would be happy to talk to you about your case. William@melton.law

1 Answer | Asked in Civil Litigation for Utah on
Q: Can I file a Motion to Correct Clerical Mistake because of an error made by court clerk?

I am a pro se litigant and I recently filed a Complaint. However, the Clerk designated my case as a contract case, when in fact it’s a personal injury case. I’ve tried calling and talking to the clerk, but she’s firm in her belief and claimed to read my complaint. If she did so, she would see... Read more »

Tyler Young
Tyler Young
answered on May 26, 2020

The designation by the court of the type of case you filed is not critical. It's my understanding that the court does that for administrative purposes. What is critical is that you Complaint correctly pleads your case. If you believe you have a personal injury case, but you've somehow... Read more »

1 Answer | Asked in Civil Litigation for Utah on
Q: I am seeking a lawyer or law firm who is unafraid to sue another lawyer in Utah. How do I find such an attorney?
Tim Akpinar
Tim Akpinar
answered on Mar 23, 2020

You could search in the Legal Malpractice section here on this site, you could conduct your own independent searches, or you could look through the Utah State Bar's resources. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, Contracts and Personal Injury for Utah on
Q: wrongful eviction with a plan that involves roomate and neihbors

my landlord evicted myself and my boyfriend said he had no choice. the neighbor tried to get us to swap her daughter apartments but we said no, my boyfriends roomate made the choice to talk to the neighbors and the landlord and they all agreed that me and my boyfriend should be evicted, and then... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2020

If your eviction is still pending, a landlord-tenant attorney could advise in the best manner - or given the difficult situation, you may have already decided to start looking into other places at this point. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: filed quit claim deeds a few years ago on the home I live in and my three investment properties but lacked capacity.help

What do I need to do to get those voidable contracts voided or what's the next step to repairing the war zone that has become my life because I'm now homeless and I've lost a lot everything my life's work forgive the errors and no punctuation I'm talking into my phone

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Nov 11, 2019

Not a lot of facts to go off of here, except that you are saying that you signed and recorded some quit claim deeds a few years ago while you lacked capacity and now you want to void the deed.

If you were under duress or undue influence by the person to whom you signed them over to, you...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Utah on
Q: Is it possible for a company to buy half a house if im just on the deed. And the homeowner has not signed on his end?.

If it is possible does that company have the right to kick me out of the home?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Dec 12, 2018

As long as you are on the deed, they are unable to kick you out. You are an owner. House ownership can be split among persons and sold separately from each other. Each owner will have an undivided right of use and enjoyment of the property ( you can's draw a line in the middle of the house... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Utah on
Q: Can Realestate, in this case a condo be listed for sale while under litigation between a HOA and a builder?
Wesley Winsor
PREMIUM
Wesley Winsor
answered on Aug 17, 2018

The short answer is yes. You can list anything that you own for sale. If you are going to give out seller disclosures, you will need to disclose the fact that there is pending litigation.

From this question, I am not even sure if you are the owner of the property. The answer is, an owner...
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2 Answers | Asked in Civil Litigation, Criminal Law and Traffic Tickets for Utah on
Q: Can an Officer add additional charges after you’ve signed the original citation?

I was issued a citation for an “ilegal turn” on December 6. After the Officer arrived back at the station, he added “driving while license suspended” to my citation. I had NO idea that my license was suspended. Is this legal? Even after I signed the original citation, and wasn’t notified... Read more »

Catherine Cleveland
Catherine Cleveland
answered on Jan 11, 2018

Yes, the prosecutor can amend the charging document at any time.

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