Utah Small Claims Questions & Answers

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

1 Answer | Asked in Personal Injury and Small Claims for Utah on
Answered on Aug 28, 2018
Wesley Winsor's answer
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 your child held hostage and was torturing her and played screams over the phone, then that would probably qualify, to give you an idea of the sort of comments that rise to that level.

As a...

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

1 Answer | Asked in Consumer Law, Animal / Dog Law and Small Claims for Utah on
Answered on Jun 8, 2018
Wesley Winsor's answer
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 am not sure you have a claim.

I am not sure the seller would even know about that condition or could properly diagnose the condition even though he had noticed dripping.

You may...

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

1 Answer | Asked in Animal / Dog Law and Small Claims for Utah on
Answered on Mar 15, 2018
Wesley Winsor's answer
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? If over $500, she may try to argue that the contract was invalid, but even so your actions completed the contract and I don't see her prevailing in court as she gave you the dog and she gave you the...

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

1 Answer | Asked in Criminal Law, Federal Crimes, Small Claims and Animal / Dog Law for Utah on
Answered on Feb 3, 2018
Mr Aric M Cramer Sr.'s answer
This is an Animal law question, not a criminal law question. Contact an attorney in that specialty.

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

1 Answer | Asked in Consumer Law, Contracts, Legal Malpractice and Small Claims for Utah on
Answered on Jun 30, 2017
Wesley Winsor's answer
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 case, you lost all rights to the ring when you sold it unfortunately.

This was an enforceable and legal transaction. You got $100, they got the ring. The Courts will not intervene in this...

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

2 Answers | Asked in Criminal Law, Domestic Violence, Landlord - Tenant and Small Claims for Utah on
Answered on Jun 15, 2017
Mr Aric M Cramer Sr.'s answer
This is a landlord/tennant issue and not a criminal defense issue, so unfortunately I don't know.

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

1 Answer | Asked in Small Claims, Business Law and Constitutional Law for Utah on
Answered on Jun 8, 2017
Wesley Winsor's answer
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. Government nor the state of Utah has passed any law abridging your right to the freedom of speech. You do not have a first amendment claim.

I am sure the League of Legends has some "terms of...

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

1 Answer | Asked in Bankruptcy and Small Claims for Utah on
Answered on Apr 27, 2017
Michael Sundwall's answer
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 bankruptcy law supersedes the Utah state law that allows for suspension of a drivers license for an uninsured or underinsured driver.

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

1 Answer | Asked in Real Estate Law and Small Claims for Utah on
Answered on Aug 11, 2016
Lincoln W. Hobbs' answer
Yes, you can. The small claims limit is $10,000 in Utah.

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