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Utah Civil Litigation Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) and Civil Litigation for Utah on
Q: How to handle potential patent infringement for sun visor extender?

I have a utility patent (approved in June 2021, applied in August 2019) for a sun visor extender. I've noticed someone else is selling a similar product, and I'm concerned it may infringe on my patent. How can I search for their patent status, and what steps should I take to address this... View More

Babak Akhlaghi
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answered on Mar 10, 2025

This is a good question. The key issue is not whether the other party has a patent, but whether their product infringes on the claims of your patent. To determine this, you need to carefully compare their product to the specific claims outlined in your patent. If their product matches any of your... View More

1 Answer | Asked in Immigration Law, Personal Injury, Civil Litigation and Civil Rights for Utah on
Q: I was intimidated by a police officer, he caused me too much distress I need help to see if I can sue him!

He was trying to make me deny that I was attacked , he said he was not going to fix the police report and he was not going to write any evidence that tells thatindicates that the defendant committed the act. He also obligate me to say that I wanted a new detective because he was going to close my... View More

James L. Arrasmith
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answered on Jun 27, 2024

Based on the situation you've described, it sounds like you may have a potential case involving police misconduct or civil rights violations. While personal injury lawyers sometimes handle these types of cases, you may want to consider consulting with an attorney who specializes in civil... View More

1 Answer | Asked in Civil Litigation for Utah on
Q: Denied Leave to Amend Answer and file Counterclaim. Now What?

Can I sue based on the issues I raised in my Counterclaim in a seperate action down the road since they were denied?

James L. Arrasmith
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answered on May 27, 2024

If your request to amend your answer and file a counterclaim was denied, you might still have options. One possibility is to file a separate lawsuit based on the issues you raised in your counterclaim. However, this can depend on the specific circumstances and the reasons why your original request... 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 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.... 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... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Utah on
Q: I submitted my lawsuit complaint on November 17 2023 and it’s hasn’t move from there cant I ask the judge for review

Can I ask the judge to speed up case so I could server defendants to be served

James L. Arrasmith
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answered on Jan 2, 2024

If you haven't already, consider consulting with an attorney experienced in civil litigation. They can provide guidance on the best course of action, help with drafting and filing any necessary motions, and ensure that your case is being handled efficiently.

Remember, while the legal... View More

1 Answer | Asked in Civil Litigation for Utah on
Q: If the daycare I use broke multiple security procedures. What is the best way of handling this?
James L. Arrasmith
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answered on Jan 1, 2024

If you discover that your daycare has violated multiple security procedures, the first step is to address the issue directly with the daycare management. Document your concerns and the specific procedures that were breached. Ask for a meeting to discuss these concerns and understand what steps they... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Utah on
Q: Am I legally obligated to refund for selling a phone with a wrong IMEI?

I posted a phone for sale online and sold it to a buyer, but I mistakenly provided the wrong IMEI information during our discussions. Despite the discrepancy in the IMEI, the phone itself matched everything I stated otherwise. After the sale, the buyer informed me about the mistake and called the... View More

James L. Arrasmith
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answered on Jul 10, 2025

You're not automatically required to issue a refund just because the buyer called the police. The key question is whether your mistake about the IMEI caused the buyer to receive something materially different than what they reasonably expected. If the wrong IMEI made the phone unusable or made... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Utah on
Q: I need a lawyer who dares to civilly sue a police departmentfor there indascrepencys

My third fourth and fourteenth amendment rights have been broken repeatedly and can prove it

James L. Arrasmith
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answered on Jul 4, 2025

You need an attorney who handles civil‐rights litigation under 42 U.S.C. § 1983 and state analogues, someone experienced in challenging police misconduct and municipal liability.

Start by contacting your state or local bar association’s lawyer referral service and ask for counsel with... View More

1 Answer | Asked in Civil Rights, Civil Litigation, Gov & Administrative Law, Landlord - Tenant, Libel & Slander and Real Estate Law for Utah on
Q: Legal steps for neighbor's camera and harassment in Utah?

I am experiencing issues with my neighbor, who has a security camera pointed directly at the middle of my backyard from their second-story window. This situation has intensified after a 9-year-old girl from their family made false accusations against me, which her family believes. Despite trying to... View More

James L. Arrasmith
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answered on Jun 14, 2025

It’s completely understandable that this situation is taking a toll on you, especially when it involves both privacy concerns and emotional strain. In Utah, there are few specific laws limiting the direction or placement of home security cameras unless they are used to intentionally invade a... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Utah on
Q: How to address lies and ensure compliance in a Utah family custody case?

I am involved in a family custody case where the other party is lying in court, claiming that I never lived with my kids, which is untrue. Additionally, she does not follow court orders. I'm concerned about how these issues might impact the outcome of the case. What steps can I take to address... View More

James L. Arrasmith
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answered on Jun 12, 2025

Your frustration with false statements and non-compliance in your custody case is completely understandable, and documenting everything will be your most powerful tool in addressing these issues. Start gathering concrete evidence that proves you lived with your children - this could include lease... View More

1 Answer | Asked in Health Care Law, Public Benefits and Civil Litigation for Utah on
Q: How to dispute a Medicaid overpayment claim in Utah?

I was on Medicaid and informed them when I started a new job that I didn't need the coverage anymore. Recently, I received a notice from DWFS claiming I owe over $13,500 for coverage from September 2024 to January 31, 2025. Despite contacting their office multiple times, I couldn’t get... View More

James L. Arrasmith
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answered on Jun 12, 2025

You're right to feel overwhelmed—getting a bill like that out of nowhere, especially when you tried to do the right thing, is incredibly frustrating. If you informed Medicaid that you no longer needed coverage and they failed to act on it, you have every reason to challenge the overpayment... View More

1 Answer | Asked in Civil Litigation, Contracts and Business Law for Utah on
Q: How can I get my customized gun back from an unresponsive gunsmith in Utah?

I live in Utah and have a gun being customized by a gunsmith. It's been 11 years, and despite his repeated promises to complete the work, he hasn’t responded to texts or phone calls since October 2023. I've visited his location and attempted to contact him with no success. I want to... View More

James L. Arrasmith
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answered on Jun 12, 2025

That’s a long time to wait, and it’s completely understandable that you want your firearm back without turning it into a criminal issue. Even without a written contract, your gun is still your legal property, and the gunsmith has no right to keep it indefinitely—especially without... View More

1 Answer | Asked in Domestic Violence, Child Custody, Civil Litigation and Family Law for Utah on
Q: Is it legal for the commissioner to deny dismissal of a year-old protective order?

I've been dealing with a protective order that has been in place for over a year. Despite showing evidence like video calls and messages indicating that the other person is not in fear, the commissioner continues to deny my requests to dismiss the order. I objected to one of the... View More

James L. Arrasmith
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answered on Jun 12, 2025

Yes, commissioners do have the legal authority to deny dismissal requests for protective orders, even when they have been in place for a year or more. A judge has the discretion to modify or terminate protective orders, weighing the safety of individuals against the rights of those subject to the... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Utah on
Q: Issues with home warranty company on SPA and AC repairs in Utah

I have issues with a home warranty company in Utah regarding multiple repairs, including SPA pumps and my air conditioner, although the warranty company is not fulfilling their obligations. Since March, technicians refuse to complete jobs due to lack of upfront payment from the company. For the air... View More

James L. Arrasmith
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answered on Jun 10, 2025

You're not alone—many homeowners have faced frustration when home warranty companies drag their feet or deny valid repairs. When technicians refuse to do work because the warranty company won’t pay upfront, that shows a serious breakdown in how the service is supposed to function. If the... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Utah on
Q: Looking for case law to exclude inflammatory evidence in Utah.

I am a pro se defendant in a case where the prosecution is attempting to admit voicemails I left for a former friend under Rule 403 as evidence. These voicemails contain profane and obscene language, making them inflammatory, but there are no direct threats present. The prosecution alleges these... View More

James L. Arrasmith
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answered on May 15, 2025

You're on the right track by raising Rule 403 as a basis for excluding the voicemails. In Utah, courts are cautious about admitting evidence that might stir emotional reactions or bias the jury unfairly, especially if the material lacks strong probative value. If the voicemails contain... View More

1 Answer | Asked in Family Law and Civil Litigation for Utah on
Q: Can I use DCFS case details to support guardianship of my grandson?

I am currently taking care of my grandson, who lives with me. My daughter has open DCFS cases on two of her other children, but not on my grandson. There are no legal proceedings concerning him, only a verbal agreement for him to stay with us until the end of the school year. My daughter wants to... View More

James L. Arrasmith
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answered on May 15, 2025

If you are seeking guardianship of your grandson, the focus will generally be on his best interests and the stability you can provide for him. While the details of your daughter’s DCFS cases concerning her other children may give some context to her situation, they may not be directly relevant to... View More

1 Answer | Asked in Health Care Law and Civil Litigation for Utah on
Q: Daughter’s rights for release from Utah behavioral facility.

I am seeking advice regarding my daughter's voluntary admission to Aspen Grove Behavioral Facility in Orem, Utah, for suicidal thoughts on 4/24. She has previously experienced hallucinations but currently does not, and was initially admitted to the wrong unit until it was corrected the next... View More

James L. Arrasmith
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answered on May 15, 2025

Your daughter has the right to request her release from a voluntary behavioral facility in Utah, especially if she no longer feels the need for treatment or if she is unhappy with the current treatment plan. However, the facility can deny the request if they believe she poses a safety risk to... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Utah on
Q: Can I report unauthorized maintenance entry without notice?

I was at home and chose not to answer the door when a maintenance worker tried to enter without notice. Having had issues with the landlord at my doorstep previously, I didn't feel comfortable answering. The maintenance worker used a key to unlock the door and attempted to open it, but I... View More

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answered on May 15, 2025

Yes, you absolutely have the right to report this incident. Even if maintenance has a key, they cannot legally enter your unit without proper notice—usually 24 hours in advance—unless it's an emergency, like a fire or serious water leak. If your lease doesn’t clearly give them permission... View More

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