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Utah Questions & Answers
1 Answer | Asked in Land Use & Zoning for Utah on
Q: there is a field can i visit it?

the two entrances are marked with "no trespassing" signs but the location is marked as a park on google maps and has signs posted marking a curfew on the park. it specifically calls it a park. It's not very well maintained but there are a fair amount of people there often.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2023

I'm sorry your question remains open for four weeks. At this point, one option might be to check with local lawmakers, representatives or other officials. You could also check with state park, wildlife, or natural resources agencies if they might be able to offer guidance. Good luck

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 Real Estate Law for Utah on
Q: I am on the deed of a house in Panguitch UT with my mother. I have been paying half of the mortgage for 15 years.

She was divorced by her husband and now the judge is granting him half of the house AND a life estate. He has paid nothing for 15 years. Any recourse on my part?

Anthony M. Avery
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answered on Jun 21, 2023

Your Mother should have informed the Court of the Title. A Rule 59 Motion To Amend The Judgment might be made now if within 30 days of entry. If all else fails you may want to file suit for Partition. You must hire a UT attorney now.

1 Answer | Asked in Contracts and Family Law for Utah on
Q: if a Utah marriage certificate was signed under duress and did not have an actual 2nd witness, is it a binding contract?
Kenneth Prigmore
Kenneth Prigmore
answered on Jun 20, 2023

What is more important than the certificate is how long you have been married. Clerks make errors on certificates all the time, but that does not automatically void them. Similarly, who signs the certificate and when are not normally a problem.

Your question sounds like you may feel forced...
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1 Answer | Asked in Employment Law for Utah on
Q: I am a PRN receptionist who has a question

My employer refuses to give me any assignments when I can see the multiple positions online. I went on unemployment because of this and they threatened to terminate me. My unemployment just ran out. This has been going on for 6 months now. I just reached out again after seeing a few more positions... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 13, 2023

Whether you can pursue a legal claim in this situation depends on two things: (1) whether there actually is work available for you; and (2) if so, why you aren't being selected to perform it. If you suspect the company is passing you over for available jobs due to a protected class... View More

1 Answer | Asked in Traffic Tickets for Utah on
Q: I was caught speeding on a public highway by an officer who was parked on private property. Is this legal in Utah?

As I said, I was on a public highway. The officer was parked on a privately owned road, monitoring traffic. I've been told this is not legal unless they have permission from the property owner. Is this true or just an urban myth?

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

It is an urban myth. This case arises in the area of traffic violations/traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

1 Answer | Asked in Business Law, Insurance Bad Faith and Landlord - Tenant for Utah on
Q: Covered business claim, landlord is forcing to evict because of utilities

I am a business owner, and my building had a covered claim under my landlords policy. A water heater broke. This happened in feb 2023. The insurance company refused my contractors, and used the ones they picked, along with the ones my landlord chose. The building is still not accessible in terms of... View More

Wesley Winsor
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Wesley Winsor
answered on May 31, 2023

The first step would be to look to the lease agreement. It should speak to what happens if there is a breach in the agreement and how to move forward from there. It may even speak to a situation where you are disallowed occupation of the property due to some repair work and what their duty is to... View More

2 Answers | Asked in Contracts and Employment Law for Utah on
Q: As an independent contractor, how do I go about after clients who don’t pay after agreeing to a contract?

I was working online remotely for a company based out of California as an independent contractor and they were due to pay the remainder of what they owed us and they never did. The total came out to over $9000 and all attempts to get them to pay have been met with dead ends.

Wesley Winsor
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Wesley Winsor
answered on May 30, 2023

You mentioned in your prompt that they agreed to a contract. I assume that means that you have a contract signed by the company regarding the terms of your services. First look to the contract and see what it says under default.

If you are just using the word "contract" as a...
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1 Answer | Asked in Traffic Tickets for Utah on
Q: I got a speeding ticket on the interstate but they didn't make me sign it is it still valid?

I was never prompted to sign the ticket in the first place. I should have specified.

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

My research showed me that in Utah, when a driver declines to sign the ticket the officer has options, one of which is to simply leave the ticket in the car with the driver. There was a highly publicized case in 2007 about a Taser incident with a driver who refused to sign. The officer also has... View More

1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: Am I able to use motivational/inspirational quotes and make a profit?

Think famous quotes from Oprah or Steve Jobs or Dale Carnegie. Say I'm compiling a book of quotes to sell, or even emailing them out each day for a fee or something like that. Can I use other people's motivational/inspirational quotes (with or without attributing it to them) legally?... View More

James L. Arrasmith
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answered on May 24, 2023

Using motivational/inspirational quotes from famous individuals in a book or for profit can potentially raise copyright concerns. While short phrases or expressions may not be protected by copyright, using substantial portions of copyrighted works or attributing quotes without permission can... View More

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 Traffic Tickets for Utah on
Q: How do I find a traffic citation if an officer never gave me a physical ticket?

I was getting on I15 and got pulled over by an unmarked police truck. The officer took my id and ran it and then came back and said he was citing me for going 20 over. He shook my hand and said be careful merging back into traffic and gave me my id back. He never gave me a physical ticket or had me... View More

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Usually you have to sign a citation with a promise to appear for it to be valid. Then you are given a copy. It sounds like you were not cited and were given a verbal warning. You could look for information from the Court website but if there is no citation number, you will have a very hard time... View More

1 Answer | Asked in Traffic Tickets for Utah on
Q: If a county sherif pulled me over but didn't tell me my speed give or me a written ticket did I actually get cited?

The sherif after asking for my license and registration came back and said, "Looks like it will be a $250 fine. I bet there are a lot better things you could do with that money, huh?" Then handed me my credentials and let me go. I didn't recieve a written ticket or warning and I... View More

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

It sounds like you were not cited or fined, and given a verbal warning. Pay attention to your speed. Utah has a legal limit on many freeways of 80. Yes things are far apart in Utah, but 80 is pretty darn fast to get between them. I drove in Utah when the National speed limit was 55- talk about... View More

3 Answers | Asked in Employment Law and Contracts for Utah on
Q: Is it legal for employer to ask for my lease agreement? They'll only pay relocation once they get a copy of signed lease

Employer gave us the option of "quit or relocate" and the relocation package offer has a term stating they'll only pay for relocation expenses (minus taxes) 30 days after they receive a copy of the signed lease. I'm located in UT. Company is in CA.

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

You don't really get "pay" for relocating, it could be a job benefit to receive expenses for relocation. It would not be proper for any employer, CA or UT to withhold your wages for failing to provide proof of a lease agreement. Wages are earned for work performed, not relocation.... View More

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1 Answer | Asked in Criminal Law for Utah on
Q: I have a friend on parole. He got a violation and was sent to jail to await the parole board. Can he have a lawyer
Aric M. Cramer
Aric M. Cramer
answered on May 10, 2023

They are not entitled to a lawyer on a revocation hearing. They may hire one to appear as a "friend", but no one will be appointed like a public defender. There are attorneys who specialize in Board hearings.

2 Answers | Asked in Trademark for Utah on
Q: Is it possible to use RL (from Ralph Lauren) In our brand name? Like RL clothing, RL vintage etc.
Eugene Vamos
Eugene Vamos
answered on May 4, 2023

In short, No. RL is part of a portfolio of trademarks that protect the Polo Ralph Lauren empire. I strongly suggest that you do not pursue this trademark as it will immediately incur the wrath of Polo Ralph Lauren and its lawyers.

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1 Answer | Asked in Criminal Law for Utah on
Q: How can I dismiss charges?I have no prior,I live in Cal case is in UT,I can't afford PA.court date is 5/22/23 in UT.

I was a passenger in a vehicle, traveling with my service dog from CA.To UT. Driver was pulled over for expired tags.The officer(#1) asked driver for lic/reg/ins then asked me to show my DL to a female officer(#2) who came up to my window.I complied.#1 asked driver to step out/sit in the front seat... View More

Aric M. Cramer
Aric M. Cramer
answered on Apr 27, 2023

Well you need to contact an attorney who practices in the area where you were stopped. Give them your name and the county where you were charged and tehy can look up your charges and the probable cause statement ti advise you.

1 Answer | Asked in Criminal Law for Utah on
Q: Police officer takes a statement but omits information in his written report, does that constitute a false report?

I accidently hit a vehicle in a parking lot moving it 10 to 20 feet. I left the scene because someone outside pointed a gun at me. When I did speak to the police and recounted what happened he omitted that the car I hit was parked unoccupied in the driving lane at the end of a row of parked cars,... View More

Aric M. Cramer
Aric M. Cramer
answered on Apr 19, 2023

If your current attorney isn't helping, you may need to hire a different attorney.

2 Answers | Asked in Medical Malpractice and Personal Injury for Utah on
Q: My brother committed suicide by shooting himself. Can his widow get life insurance?

My brother had 2 difficult rounds of chemo after a cancer diagnosis. Alongside rigorous cancer treatment, he was prescribed Xanax. Some studies have shown there to be links between suicidal thoughts as a side effect of Xanax. Could a case be made that his prescription and use of Xanax could’ve... View More

Damon Miller
Damon Miller
answered on Apr 1, 2023

I'm so sorry for the loss of your brother.

For your sister-in-law to be eligible for life insurance benefits there are a couple things you'd need to know. First, do you know if your brother had a life insurance policy? For his widow to receive life insurance benefits, there would...
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