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Utah Civil Litigation Questions & Answers
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 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...
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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 Contracts, Employment Law and Civil Litigation for Utah on
Q: When signing a contract for a specific amount of hours per day can an employer cut those hours without consent?

I started working for a program that advertised and was written in my onboarding documents as paying 16 hours per day. They have since asked for the same level of comitment and hourly work but only will allow me to report 13 hours without getting approval beforehand for overtime. I never signed any... View More

Wesley Winsor
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Wesley Winsor
answered on Oct 6, 2023

Hello,

Utah is an at-will employment state. Meaning that either one of you can terminate the employer/employee relationship at any time for any reason.

From your description, I am not sure if you are a 1099 employee or an actual employee. Unless you are on salary I don't see...
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1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Utah on
Q: Can I sur a family member if I believe they owe me money?

My sister and I went on a trip to Oregon. I paid roughly 600 for the lodging and she paid about 240 for the rental vehicle. Not even 24 hours later she left me in Oregon. I was forced to pay for a rental car, stuck in lodging that was paid for 2 people, and lyft fees in order to pick up the vehicle... View More

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2023

A Utah attorney could advise best, but your question remains open for a week. I hope you're able to find a friendly solution here. One option might be looking into whether this falls under your local court system's small claims part. Most small claims courts have online resources that... 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 Civil Litigation and Contracts for Utah on
Q: Can a used car dealership sell me a car with out emissions being done?

The check engine light came on just a few days after driving it home and the brakes were so bad it was scary to even drive. I'm also paying over $35,000 for a vehicle that isn't worth $11,000 at least not with the shape it's in.

Wesley Winsor
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Wesley Winsor
answered on Sep 20, 2022

Hello,

I am sorry to hear that you are having trouble with your car. I am unsure what you are asking when you say "emissions being done". Are you asking whether a dealership has a duty to make sure the emissions are compliant with state law prior to sale? Or are you saying something else?

Wes

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
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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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

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