Lawyers, Answer Questions  & Get Points Log In
Utah Collections Questions & Answers
2 Answers | Asked in Collections and Family Law for Utah on
Q: Can I respond to a court summons on behalf of my Father?

My Father was served a court summons related to a debt. However he has Dementia and isn't competent to reply himself. As his son, Can I respond on his behalf? I do not have Guardianship or PoA over him.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023

Responding to a court summons on behalf of your father, especially given his dementia and incapacity, is a sensitive situation. Generally, without legal authority such as guardianship or power of attorney (PoA), you may not have the legal standing to respond to the summons on his behalf.

In...
View More

View More Answers

1 Answer | Asked in Collections for Utah on
Q: What irrefutable information must a collection agency have to garnish someone's wages?

My work place has been served garnishment of wages papers. I have been unable to get any original information about the debt from the collection agency. It was not my name on the court paperwork but it was my social security number.

Joel Gary Selik
Joel Gary Selik
answered on May 23, 2023

In order to garnish wages, there must be a valid judgment. Research the court files, mini available online, for cases against you. If you were not served properly with a lawsuit, you might win a motion to set aside judgment.

1 Answer | Asked in Consumer Law and Collections for Utah on
Q: Knight Adjustment garnished my wages. never served papers. The name is not mine. SS# is. No original debt info offered

Old RC Willey account. $2000 original. Now $21000 They wont return inquiries for help or info.

Joel Gary Selik
Joel Gary Selik
answered on May 23, 2023

Look into filing a motion to set aside the judgment for failure to serve. Review the court file to see how they claim served.

1 Answer | Asked in Bankruptcy and Collections for Utah on
Q: Injunctive Relief for credit reporting accounts that were included in wage earner plan

I had on time payments on all of my accounts even when i filed bankruptcy. Once it was officially filed all 14 accounts were reported as negative marks as being banktruptcy.

When i have previously filed bankruptcy this never happened. One of the accounts is my car loan that I still make... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 5, 2022

Generally, the credit bureaus just publish comments about your accounts submitted by those creditors who subscribe to any of the credit bureau's service. The credit bureau itself doesn't generate comments about particular accounts, although the bureaus may have picked up your bankruptcy... View More

2 Answers | Asked in Estate Planning, Banking, Collections and Elder Law for Utah on
Q: Is the surviving spouse responsible for the debts of the deceased spouse
Wesley Winsor
PREMIUM
Wesley Winsor
answered on Nov 22, 2021

Yes and no. Nor for personal debts, student loan debts, credit card debts etc. but yes to medical bills. The creditors have a right to make a claim against his estate and the estate has an obligation to pay it as long as the assets in the estate are over and above the exemption amount. The... View More

View More Answers

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 Consumer Law, Contracts, Civil Rights and Collections for Utah on
Q: Hi i have a question i was on a auto loan with a cosiginer an i was making monthly payment then they paid it off

Hi i have a question i was on a auto loan with a cosiginer an i was making monthly payment then they paid it off and demand that i paid them back an i was making payments but not very much and theres no contract that he created for me to sing to show that I would pay him back, then he went an stole... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 2, 2020

First, it sounds as if the only agreement you signed is the one you both co-signed for the purchase of the car. The normal expectation is that you have the right to continue to pay the car loan on time until it is paid off. If you failed to do so, and the co-signer had to step in to save the... View More

1 Answer | Asked in Real Estate Law and Collections for Utah on
Q: Remedy for a frivoulous claim that clouds title

HOA FOr a condo put a cloud on title for past due hoa fees that were in dispute and outside of the statute of limitaitons.

THis caused a sale to fail. What remedies can we seek against the HOA owner?

Brian Craig
Brian Craig
answered on Jul 8, 2020

Quiet title, slander of title, and wrongful lien against real property are potential causes of action in a situation where an improper lien is placed on real property. Injunctive relief and money damages, along with attorney fees, may be recoverable with improper liens.

In slander of title...
View 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
PREMIUM
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... View More

View More Answers

1 Answer | Asked in Business Law, Collections and Consumer Law for Utah on
Q: How many calls and texts from a company does it go to harassment? This company will call and text up to 4 or more times.
Wesley Winsor
PREMIUM
Wesley Winsor
answered on Aug 1, 2017

I can only assume that you are talking about debt collection. If that is the case, then here is some information, section 806(3) of the Fair debt collection practices act states:

3. Multiple contacts with consumer. A debt collector may not engage in repeated personal contacts with a...
View More

1 Answer | Asked in Collections for Utah on
Q: Can I file a request to work with the landlord/apartment complex only and not their collection attorney?

Had a default judgement against me for rent owed after eviction. Hearing is set to answer questions about my assets. I want to settle the debt w/the apartment complex, not their collection attorney. Does the FDCPA cover this issue and allow me to submit in writing that I will only deal w/the... View More

Jefferson S Cannon
Jefferson S Cannon
answered on Sep 3, 2015

You cannot obligate the creditor to not use an attorney. It is one of their rights. The attorney office will handle the collection of the debt unless the client decides to withdraw the file.

1 Answer | Asked in Collections for Utah on
Q: Should I take this to court or sign a stiputlation of judgement

I have been summoned on an outstanding debt. The summons references an agreement but does not include it as an exhibit. The debt was purchased from HSBC and I do not have any details on that transaction either. If I file an answer that denies all the complaint, can the plantiff come up with more... View More

Jefferson S Cannon
Jefferson S Cannon
answered on Aug 31, 2015

Yes the Plaintiff would have an opportunity to bring in the agreement at a later date. With this being said, if you want to settle the debt, you should contact the attorney's office and make a settlement offer. Most Plaintiff's/Creditors are more than willing to try and work out... View More

1 Answer | Asked in Collections for Utah on
Q: Can a civil judgement be put on you when no attempt to contact was ever done?

I received a notice of garnishment of wages from my employer about a debt that is six plus years old. No attempt to contact me was ever made but the court went ahead and gave the attorney who is doing the collections everything they requested. What can I do?

Jefferson S Cannon
Jefferson S Cannon
answered on Aug 31, 2015

Hard to say from the facts presented but if they have a valid judgment then the Plaintiff in the action is entitled to the garnishment.

1 Answer | Asked in Collections for Utah on
Q: Collection attorney says Statute of Lim. for credit card is 6 years here in Utah. What is their basis for this?
Jefferson S Cannon
Jefferson S Cannon
answered on Aug 31, 2015

UCA 78B-2-309 - Any action founded upon an instrument in writing is subject to a six year limitations period. I hear this argument often in court and the courts almost always hold up the 6 year limitations period. Once in a while there is an intervening factor that can change things but not too... View More

1 Answer | Asked in Collections for Utah on
Q: If I go into a payday loan say I want to pay a loan off can they tell me how much that person owes without ID
Jefferson S Cannon
Jefferson S Cannon
answered on Aug 31, 2015

No, they can't disclose any information without a release from the individual. There may be some ways around that without disclosing information but it's a fine line.

1 Answer | Asked in Collections for Utah on
Q: In Utah can both spouses wages be garnished simultaneously from separate actions for garnishment?

My wife's check is currently being garnished by the Utah State Government. Can the US Government garnish the wages of me, a husband but under one household, in simultaneous actions?

Jefferson S Cannon
Jefferson S Cannon
answered on Aug 31, 2015

The short answer is yes. You can try to fight the amounts your employer is paying but its an uphill battle.

1 Answer | Asked in Collections for Utah on
Q: Can I file a Lien

My company won a Judgement for $ but the Defendant is not paying and is now filing an appeal. Can I file a lien in the meantime?

Jefferson S Cannon
Jefferson S Cannon
answered on Aug 31, 2015

Yes you can file a lien but if you do and the judgment is determined invalid on appeal, you may have more problems to deal with for filing the lien.

1 Answer | Asked in Collections for Utah on
Q: If my spouse passes away and he has co-signed on loans for family members am I liable?

I have also heard that you can post a notice in the newspaper that you are not responsible for your spouses debt. Does this remove any liability for myself?

Jefferson S Cannon
Jefferson S Cannon
answered on Aug 31, 2015

There could be an argument for liability but right now most creditors are not attempting to pursue family members for debts of deceased persons. A posting in the newspaper would have no effect whatsoever.

1 Answer | Asked in Collections for Utah on
Q: I work for an online lender sending email templates preapproved by our corporate legal dept. Can I personally be sued?

The email tells the pre-charge off customers the company is considering obtaining counsel for creditors' rights and asks the customer to contact us to make mutually acceptable arrangements. I do not alter the form email in any way. It has my name as the sender. A customer who has been in... View More

Jefferson S Cannon
Jefferson S Cannon
answered on Aug 31, 2015

Unfortunately the legal collections climate allows consumers to make counterclaim and file law suits against any collector. Now, the law suit and/or counterclaim may be bogus but there is very little detriment for someone filing a frivolous lawsuit to try and get out of debt. So yes you could be... View More

1 Answer | Asked in Collections for Utah on
Q: I received a summons for an upaid medical bill. The bill is less than $1500. What are my options?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 18, 2013

Try to settle for 50% or as little as possible if you have the funds to pay in a lump sum. If you do not have the funds, then see if the lawyer for the hospital will put you on the "easy payment plan" and let you pay $100 a month until the debt is repaid.

Of course, this assumes...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.