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Utah Small Claims Questions & Answers

1 Answer | Asked in Small Claims, Contracts, Real Estate Law and Landlord - Tenant for Utah on

Q: I signed a contact for 12 months that states it auto renews after the 12 months unless they receive 30 days notice.

I am now trying to buy a house but they say I'm in a contact for 8 more months. I've lived here 1.5 years after the initial contact was complete. Is this legal? Is this something I can fight in court or is it something I more than likely will lose. They want 3 months rent for fees.

Wesley Winsor answered on Jan 10, 2019

Contracts with auto-renewals are valid. It cuts both ways, if you didn't want to move they couldn't terminate the contract for another year.

More common than the auto renewal contract is the one that goes a month to month after the expiration of the initial term.

I am not sure...
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1 Answer | Asked in Personal Injury and Small Claims for Utah on

Q: Auto-repair/dealer employee made rude/crude comments while giving me a bill for something i didnt ask for. What can I do

I already knew the problem and just wanted an idea of how much it would cost. I left and returned and decided it was to much so i wanted my car and to leave. So, he wrote me a bill for diagnostics and i told him i already knew what was wrong, i didn't want the diagnostic. He said it was in the... Read more »

Wesley Winsor answered on Aug 28, 2018

I am sorry, but there is not much you can do legally. Offensive speech is free speech. There are such claims as "intentional infliction of emotional distress" and "negligent infliction of emotional distress" but his conduct would not rise to that level.

If he had told you that he had...
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1 Answer | Asked in Consumer Law, Animal / Dog Law and Small Claims for Utah on

Q: Am I entitled to a refund or reimbursement of vet expenses for a puppy I bought with undisclosed health problems?

We bought a 6 month old puppy through KSL classifieds two months ago. We took her in to be spayed two weeks later and learned that she had a severe bladder infection along with blatter stones and crystals. The cost of diagnosis and treatment exceeded the cost of the puppy. On top of that, we... Read more »

Wesley Winsor answered on Jun 8, 2018

Hi,

I am sorry for your situation. Utah is a buyer beware state. There are some enhanced duties if the seller is a "merchant" meaning that they do this for their profession, but unless he actively hid it from you or represented that the puppy definitely did not have eptopic ureter then I...
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1 Answer | Asked in Animal / Dog Law and Small Claims for Utah on

Q: I bought a dog and 2 months later the lady wants him back, can she by law take him?

I bought a dog 2 months ago and now the lady that sold me the dog is saying that she wants him back and is saying legally the dog is still hers. I paid $500.00 for the dog and I have a bank statement saying I sent her the money. Can she’s call the cops and come after me?

Wesley Winsor answered on Mar 15, 2018

Animals are property. And I guess technically would fall under the "statute of frauds" that states that goods sold over $500 need a written contract in order to be enforceable. Was there a contract or some type of writing generated for the sale of the dog? Or was it a cash deal of exactly $500?... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Small Claims and Animal / Dog Law for Utah on

Q: what are the law on pet custody in Utah?

My now ex-girlfriend decided to bring a hedgehog to my house. she lives in Missouri. it's been about 2 months and still doesn't know when she is coming back for him. I love him and have grown a strong bond for him. is there a way i can gain legal ownership of this hedgehog?

Mr Aric M Cramer Sr. answered on Feb 3, 2018

This is an Animal law question, not a criminal law question. Contact an attorney in that specialty.

1 Answer | Asked in Consumer Law, Contracts, Legal Malpractice and Small Claims for Utah on

Q: Can I take legal action against a pawn shop that gave me false information?

I paid $1000 for a diamond wedding ring from Zales. We were in a desperate situation and needed cash fast. We looked into Pawning the ring but they said it was only worth $100 and that they could only sell it for $300 at most. They told us we were lied to about the value from where it was... Read more »

Wesley Winsor answered on Jun 30, 2017

Hi,

First off, let me say I am sorry for the situation. This can be extremely frustrating especially if there is sentimental value attached to the item.

I am assuming you sold the ring rather than pawned it (you got a loan from them using the ring as collateral). If that is the...
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2 Answers | Asked in Criminal Law, Domestic Violence, Landlord - Tenant and Small Claims for Utah on

Q: possible 2 evict roommate& her bf if name on lease,they also have assaulted me have Police report,need out fast

Mr Aric M Cramer Sr. answered on Jun 15, 2017

This is a landlord/tennant issue and not a criminal defense issue, so unfortunately I don't know.

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1 Answer | Asked in Small Claims, Business Law and Constitutional Law for Utah on

Q: Do businesses have to follow the First Amendment? Are they subjugated to the same laws?

The game is League of Legends. The terms literally say that they have he right to steal the in game content you purchased if you violate their rules. My situation includes me using explicit and vulgar language in frustration towards other players online. Because of this my account is banned and the... Read more »

Wesley Winsor answered on Jun 8, 2017

Your first amendment right doesn't give you a license to make other people listen to/read whatever you say. Your first amendment right secures your right to freedom of speech or in reverse, makes it so that any law passed abridging your freedom of speech is unconstitutional. Neither the U.S.... Read more »

1 Answer | Asked in Bankruptcy and Small Claims for Utah on

Q: will bankruptcy stop my Driving privileges from being suspended?

I have 9 days before they suspend my driving privilege for a accident I had with no insurance. if I FILE BEFORE THE DATE CAN IT SAVE MY DR FROM BEING TAKEN?

Michael Sundwall answered on Apr 27, 2017

Yes. Even if you file bankruptcy after your license has been suspended, you can have it reinstated immediately upon filing bankruptcy and taking written verification to the appropriate office. In my experience, the Utah Driver License Division is very familiar with the fact that the federal... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Utah on

Q: If my REPC for the purchase of my new home included a side by side stainless steel fridge and window coverings and the

Seller took the fridge, curtains and rods when they moved out, can I go to small claims court? The value of the fridge was 2,000. Mediation failed.

Lincoln W. Hobbs answered on Aug 11, 2016

Yes, you can. The small claims limit is $10,000 in Utah.

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