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Utah Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Libel & Slander for Utah on
Q: Someone has committed criminal defamation against me, what do I do? Should i report it to the police?

In a report made to the police in another matter my neighbor told them I am schizophrenic and that is totally %100 flase, she has also spread this falsehood around the neighborhood to other people.

I can file criminal charges right?

76-9-404.  Criminal defamation. 

(1)A... Read more »

Mike Branum
Mike Branum answered on Jun 30, 2020

Defamation is a civil matter. The police are not going to take a report. What you are referring to is filing a false police report. Unless your mental capacity was relevant to the police matter, it is unlikely criminal charges would be sustained for falsely telling police you are schizophrenic. The... Read more »

1 Answer | Asked in Contracts, Estate Planning, Admiralty / Maritime and Banking for Utah on
Q: website doesnt have UCC 9-105 (1)(n) & (1)(h) listed, do u have link to where I can view them online
Tim Akpinar
Tim Akpinar answered on Jun 30, 2020

It looks like some of the other ordinary resources that post UCC 9-105 (Control of Electronic Chattel - Paper) do not include them. You posted under Admiralty/Maritime - I checked but could not find cross references under ordinary maritime laws I work with. The attorneys familiar with banking... Read more »

1 Answer | Asked in Medical Malpractice for Utah on
Q: My primary care physician did a drug screen or test without my consent I'm 52 is this legal
Tim Akpinar
Tim Akpinar answered on Jun 26, 2020

A Utah attorney could advise best, as this is something that could be governed by state health care and privacy laws. But you await an answer for four weeks. As a general matter, without regard to jurisdiction, it could depend on the terms in any kind of informed consent documents you signed, the... Read more »

2 Answers | Asked in Contracts and Collections for Utah on
Q: What steps do I need to take to sue someone in a different state

Old roommate broke lease when we moved out a month early, we paid rent to her for last month of lease and she moved out right after us breaking the lease which she was also on, we were sued and had to pay full amount plus interest and fees as she moved to California

Wesley Winsor
Wesley Winsor answered on Jun 26, 2020

You don't have to sue her in California, you only have to get her served there. You can sue her in Utah. I would suggest going through the small claims court here. If you know where she lives, then file suit here, hire a process server to serve her the summons and complaint, if she... Read more »

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1 Answer | Asked in Real Estate Law for Utah on
Q: I am under contract to purchase a home. The seller disclosure form notes they finished the basement in 2019, but no

mention of a permit. I looked for one with the city and county, but I am unable to find one. A home inspection found the basement outlets polarities reversed, so I assume the basement was finished DIY. What are the future implications of purchasing a home with a finished basement sans permit?

Kenneth Prigmore
Kenneth Prigmore answered on Jun 25, 2020

That is hard to say. Your insurance may cover any issues, or they may have left it out of your insurance agreement. When you buy the home, it's hard to pursue the prior owner for less than professional work, as you did have the opportunity to inspect. The city or county where the home lies may... Read more »

1 Answer | Asked in Divorce and Family Law for Utah on
Q: married in CA for 8 months, Legally separated now for over 10 years, need to complete divorce, both in agreement.

Both looking for easiest and cheapest option to complete this, No children or assets, just need to get done.

Mike Branum
Mike Branum answered on Jun 23, 2020

If one of you has lived in Utah for at least 90 days and you both are in agreement with no assets or children, you should be able to go to and obtain everything you need to get it done.

1 Answer | Asked in Consumer Law for Utah on
Q: Question on pulling out of a signed purchase agreement for an aircraft, I and the buyer and want to pullout.

No funds have been deposited and the escrow agent listed in the agreement is incorrect.

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

It depends on what your rights under the contract are, which are going to be stated in the contract. The fact that the contract made an error in naming the escrow company will probably not be a material term giving you an excuse to back out. It is also important why you want to back out.... Read more »

1 Answer | Asked in Animal / Dog Law for Utah on
Q: Can I legally take someone else's puppies to the pound if they don't pick them up when they said they would?

I volunteered to watch 2 puppies for 2 weeks (ending June 24). For free. She then moved to California the next day. After her verbally attacking me, I told her I would take them to the pound if she didn't have someone come get them at the 2 weeks mark. She said i don't have her permission... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 18, 2020

You should be very happy that the puppies stayed with you and she moved to California, instead of Vice-Versa. The issue is: "Has she abandoned the property? (dogs are property)" I would suggest that you call your local animal shelter to find out what the rules are with respect to... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Are there laws entitling a tenant to see the lease without having to pay a fee first? (Utah)

I'm looking to rent from an apartment complex and every complex requires $100+(usually way more) to even get to see the lease. This seems like a cash grab because you pay, I don't know, say $250 to see the lease, and it's filled with extra fees, clauses that waive rights, etc, but if... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jun 18, 2020

I am not aware of any such laws. If you have an obvious personal trait that is protected under federal law, they might be using this fee as a way just to be difficult to make you go elsewhere without looking like they are discriminating against you. If they don't charge everyone the fee,... Read more »

1 Answer | Asked in Child Custody for Utah on
Q: Does a verbal custody agreement hold any weight in the state of Utah?

The father has had my fiance's daughter for the past two weeks and today at a hearing the judge said they were to go back to the original custody agreement. The father is now refusing to let my fiance come get her daughter. The police refuse to get involved. How can my fiance get her daughter back?

William Melton
William Melton answered on Jun 17, 2020

Your question is a little confusing. You ask if a verbal custody agreement colds any weight, but then you state that the judge instructed you to go back to the original custody agreement. That agreement would be in writing. To answer the last part of your question is that (assuming there is a... Read more »

1 Answer | Asked in Insurance Defense and Traffic Tickets for Utah on
Q: What should I do about my no insurance ticket?

On January 1, 2018 I got pulled over for my license plate light being out... but ended up with a no insurance ticket and an impounded car. I was 16 when this happened and my mom was paying the insurance. (I’m 19 now) The officer said the insurance was expired, but I have proof I had insurance on... Read more »

William Melton
William Melton answered on Jun 17, 2020

Without knowing all of your facts, it sounds like the court revoked your plea in abeyance. If you are still going to court I would ask the prosecutor what the status of your plea in abeyance is. See if the court would be willing to reinstate it (it is a long shot given how old the ticket is). But... Read more »

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Utah on
Q: My daughter is in prison and needs a lawyer for custody case. She asked me to find her a pro bono lawyer and Im looking

For info on how to go about this?? Thank you

William Melton
William Melton answered on Jun 17, 2020

You can contact the Utah State Bar. They have resources to direct you to legal help. Also, you can contact the Utah Legal Aid Society. They will be great resources.

1 Answer | Asked in Divorce and Family Law for Utah on
Q: I just received a judgment from the State of Utah on my ex husband. Is there a way to obtain this without an attorney?
William Melton
William Melton answered on Jun 10, 2020

Are you just looking for a copy of a judgment? Send me an email so we can talk.

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.

1 Answer | Asked in Criminal Law for Utah on
Q: If someone takes my legal property in their house, I'm a resident there, and refuses to return it, is that theft?
William Melton
William Melton answered on Jun 10, 2020

Most likely, it is always difficult to give a yes or no answer because so many things in the law are fact specific. But when someone takes your property and refuses to return it that is considered theft.

1 Answer | Asked in Business Law for Utah on
Q: I'm wondering if it's legal for me to offer my professional services at a discount for marginalized groups of people.

I'm in Utah and a sole proprietor. There is no legal issue against me, just asking as I'm trying to figure out ways to give back to my community right now.

Wesley Winsor
Wesley Winsor answered on Jun 8, 2020

The answer is most likely, "yes". I am not sure what your services are and you may have different regulations imposed if you are a Doctor or something like that not to mention contractual limitations if you have any way. Sounds like you don't if you are a sole proprietor.... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for Utah on
Q: I have an inherited tenant in Ogden Utah until 2021 , I need the house vacant how to serve buyout clause?

I bought a house with two tenants, one is month to month and the other has a lease in place till next year.

I read about a buyout clause in the lease that doesn't specify who can use it. Is that an option?

I have other plans for the home in the short term. The house... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jun 8, 2020

The answers to your questions are in your contract. As I haven't read the contract, I can't give you any sure answers. I will say that most Buyout Clauses in leases are designed for the Tenant to buy the property, not the reverse. How to serve documents on a Tenant, like a clause allowing... Read more »

1 Answer | Asked in Business Formation and Business Law for Utah on
Q: Which business structure should I choose?

A close friend and I are trying to start a business. It's based around an iOS app with services in the Pet Industry. We are trying to choose a business structure, and are unsure of which to pick. We are currently looking between an LLC or LLP. Is this the right choice for us?

Wesley Winsor
Wesley Winsor answered on Jun 5, 2020

LLC's are simpler. Unless you need to split up liability between you and your friend or one of you is only a passive investor, I would recommend an LLC.

1 Answer | Asked in Family Law for Utah on
Q: My daughter went to live with her dad, who she barely knows, in Wyoming and now he doesn’t want her to come visit me.

My daughter wanted to go live with her dad in Wyoming so I let her and signed a paper saying she lives with me but that she was temporarily going to live with him. She wants to come visit but now he’s saying he’s afraid I won’t bring her back. I’m the one that has had custody of her entire... Read more »

Mike Branum
Mike Branum answered on Jun 4, 2020

If she wants to come home - because your residence is her home - and you have court-ordered primary custody, you are certainly within your rights to go pick her up. I would do everything possible to reassure her father that you will keep him involved in her life and try to avoid drama. Conflict... Read more »

2 Answers | Asked in Contracts, Criminal Law and Civil Rights for Utah on
Q: I was protesting recently and got arrested and charged with indecent public display.

Currently I work as an exotic dancer and I am licensed with an SOB license. If I go in front of a judge and am found guilty of this, would that revoke my license, I can't find anything online regarding it, it says I need to tell them any past arrests but not what would revoke it. I can't... Read more »

Ian Quiel
Ian Quiel answered on Jun 2, 2020

The answer would depend on which municipality issued your SOB license. It also depends on what exactly you are being charged with. An arrest or conviction could possibly impact your license. You should contact an attorney immediately if you have been charged in connection with the recent protests.... Read more »

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