Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Utah Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Utah on
Q: I have worked for a local hospital from home doing prior auth for 8 years and now they are forcing me to come in-house.

I cannot do my job correctly working from a cubicle and that’s why they had me work from home in the first place. Now there is new management and they think they can do my job better than me.

Benton Matthew Eskelsen
Benton Matthew Eskelsen
answered on Mar 30, 2023

More information would be needed in order to effectively answer your question. Can you not perform you work correctly in house because of a disability? if that were the case, you may be able to attempt to get reasonable accommodations. If you just prefer to work at home and they are requiring you... View More

1 Answer | Asked in Civil Rights and Employment Discrimination for Utah on
Q: Can I take my employer to civil court if I am waiting for eeoc interview and I have solid proof of discrimination
Benton Matthew Eskelsen
Benton Matthew Eskelsen
answered on Mar 30, 2023

In short, no. You have to exhaust the administrative remedies before seeking recourse through a personal civil law suit. An employment attorney could help you navigate how to expedite the process, however.

1 Answer | Asked in Contracts for Utah on
Q: I recently purchased a vehicle at a dealership. I was lied to and purchased the service contract. Can I still cancel?

I bought a service contract 23 days ago, and it says you can only cancel within 10 days. There were some important details about the service contract that the salesman lied to us about in order to convince us to buy it. Is misrepresentation a good idea to successfully have contract cancelled?... View More

Benton Matthew Eskelsen
Benton Matthew Eskelsen
answered on Mar 30, 2023

You may be able to fight this contract but additional information would be needed to give a meaningful evaluation. Typically, when you sign a contract you are expected to know the contents thereof and often times such contracts disclaim representation made by employees regarding the contract. It is... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can my ex landlord keep my deposit just cause she wants to ??

I paid my deposit on time I put my 30 day notice I cleaned and did everything the “contract” said. We didn’t officially sign anything but I do have pictures of me giving her the deposit and messages also. One she is just renting it to anyone without letting the apartment complex know, so... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 27, 2023

In Utah the law requires the landlord to return the deposit, unless there is something in writing that was given to you when you paid the deposit stating that it would not be returned. Additionally, the landlord has only 30 days to return the deposit or clear explanation of any expenses to clean... View More

1 Answer | Asked in Health Care Law and Personal Injury for Utah on
Q: I had gotten the Pfizer vaccine and have been dealing with blood clots do I have any kind of case?

I've been going through this for over a year and a half now. Also swelling in my left calf muscle down to my toes off and on. Nowhere else.

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

You can’t sue but you can submit a claim to the Countermeasures Injury Compensation Program through the U.S. Department of Health and Human Services.

Be aware that the Biden Administration has been criticized for denying most such claims.

To optimize your chance of success, be...
View More

1 Answer | Asked in Traffic Tickets for Utah on
Q: Officer issued a ticket for the wrong city. The judge dismissed it. Can the correct city pick it up.

If so, how do I know they will? Is there a grace period?

William Melton
William Melton
answered on Mar 22, 2023

The correct city could re-file the ticket, but it's unlikely that they will even know about the citation. They have up to a year to file it.

3 Answers | Asked in Probate for Utah on
Q: What state to hire probate attorney?

My wife's family owns a trust in Colorado that produces quarterly oil royalty checks. The checks come from Colorado. Her dad passed 20 years ago so his checks have been going unclaimed in Utah. What state(s) would she need to hire an attorney in order to claim the unclaimed property and to get... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 20, 2023

Great question. If probate is necessary, go with the state of the last residence of the Trustor that created the Trust.

Sometimes probate is not necessary. I recommend discussing your situation with a Utah attorney regarding the checks in Utah. Most attorneys will have a free initial...
View More

View More Answers

3 Answers | Asked in Tax Law, Business Formation and Business Law for Utah on
Q: how do I sign on behalf of an LLC if my Scorp is the member?
Michael Ray Smith
PREMIUM
Michael Ray Smith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2023

Here’s one way, assuming the LLC is member managed:

NAME OF LLC

By its member, Name of Member

By. _________________

Your typed name

Your title

The idea is to make it clear that the member signs on behalf of the LLC and you sign on behalf of the member.

View More Answers

2 Answers | Asked in Insurance Bad Faith for Utah on
Q: Can an auto loan disability insurance company push for me to go to voc rehab after my employer deemed me fully disabled?

18 months ago I was diagnosed with epilepsy and could no longer work for my employer due to their company policy, (can't be on the meds and must be seizure free for 10 years, I'll be on the meds for the rest of my life) they have finally determined I am fully disabled and I am receiving... View More

Damon Miller
Damon Miller
answered on Mar 16, 2023

Hello,

I would recommend taking a look at your insurance policy. The policy will define what the insurance company is permitted to do. Generally speaking, most disability insurance policies do permit the insurer to ask you to cooperate with vocational rehabilitation, even if you don't...
View More

View More Answers

1 Answer | Asked in Landlord - Tenant for Utah on
Q: In Utah, can a landlord/property manager make you buy their renters insurance, or am I able to get my own?

We have rented this property for almost 4 years. We got a new PMC last year due to the sale of the property. We have always had renters insurance thru our insurance company. New PMC has us pay an extra $43 per month for insurance, ac filters, and online payment capabilities. Even though I have... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 6, 2023

The answer to your question can be found in your rental agreement. Did you agree previously in the agreement to use whichever insurance the landlord chooses, or does the agreement only state that you are responsible to pay for insurance?

If the answer is the latter, then you can send them...
View More

1 Answer | Asked in Banking and Family Law for Utah on
Q: Am I legally obligated to close savings accounts in my kids names on my bank account, that my ex has never been on

I opened these accounts for my kids, under my own account, without my ex ever being on said account, she's asking I close these out, give her the money, and give a list of when the accounts were opened, any transactions etc. We've been divorced since July, am I legally obligated to do... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2023

If the savings accounts were opened solely in your name and your children's names, and your ex-spouse was never a signatory on the account or made any contributions to the account, then she likely does not have any legal right to demand that you close the accounts and provide her with the... View More

1 Answer | Asked in Constitutional Law and Real Estate Law for Utah on
Q: I am rental prop. owner and was sent pre-lien letter 2-10-23 and i paid the 2 invoices on 2-11-23 by USPS & confirm by

how is the matter resolved when the check clears? Can the legal assist. who sent the letter add atty fees, unauthorized contractor fees and interest from 2-10-23 in the amount of over $400? I notified ALL PARTIES AND LEGAL ASSIST. Feb. 11 by email that I already put their check in my lobby of my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

If you have already paid the pre-lien notice in full, including the invoices and any late fees or interest, and have proof of payment, then the legal assistant should not be able to add additional fees or charges. However, if there is a dispute regarding the payment or additional charges, it may be... View More

1 Answer | Asked in Personal Injury for Utah on
Q: can I sue my school for giving students 3 day expired milk
John Michael Frick
John Michael Frick
answered on Mar 1, 2023

Milk is more than likely safe to drink 5-7 days past its sell-by date if it was unopened.

If you required medical care as a result of drinking the milk, you theoretically could sue for personal injury to recover your medical expenses.

1 Answer | Asked in Divorce and Family Law for Utah on
Q: Do we need to make a financial disclosure to get a divorce in Utah? We have no children, no property.

A basic divorce, you go your way and I go mine.

Jeremy R Miller
Jeremy R Miller
answered on Feb 27, 2023

No. You can file a petition, pay the fee, wait 30 days (or apply to waive the waiting period), then file the agreement (called a stipulation) and final documents with the court. This website can help you prepare your documents, or you can hire an attorney to draft them.... View More

1 Answer | Asked in Animal / Dog Law for Utah on
Q: If my cat goes on my neighbor's fence or in the backyard what recourse for he have?

If I were to go next door and show my neighbor that these are my cats and he knew they were mine could he still call the pound everytime if he were to catch it in a cat trap that could get pricey$$??

John Michael Frick
John Michael Frick
answered on Feb 26, 2023

In most places, pet owners are required by local ordinance to keep their pets on a leash or to confine them within the owner’s yard.

A property owner does not have to allow another person’s pet to enter their yard. Free-ranging pets present a health risk as well as being a nuisance....
View More

2 Answers | Asked in DUI / DWI for Utah on
Q: I received a citation/summons for my first DUI last night. Will I lose my license?

I apparently drove my vehicle into a ditch and was unresponsive but don’t remember the events in question.

William Melton
William Melton
answered on Feb 25, 2023

Yes, when you get a DUI it starts an automatic driver license suspension in 45 days. You can request a hearing to try and stop it. You only have 10 days from the date of DUI to request the hearing from the DLD. You should consult an experienced DUI attorney for help. DUIs are complicated and have... View More

View More Answers

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: I am being charged two second and one third degree felonies for a house I used to live in getting raided 4 months after

I had already moved

Aric M. Cramer
Aric M. Cramer
answered on Feb 21, 2023

Well you haven't asked a question, so I don't have a response other than if you would like a consultation feel free to call my office and set up a phone or in person meeting.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I have live with my mother for 12 years now. She is now in a nursing home. Can my brother the trustee evict me?

I have taken care of my mom for 12 years, he has came to see her twice. I got a notice to be out in 5 days? Only signed by him. Is that legally binding? My mother is still alive

Kenneth Prigmore
Kenneth Prigmore
answered on Feb 17, 2023

The legal owner of a property has the power to evict anyone living there. If you have a rental agreement, the owner will be required to follow the terms of the agreement. If you don't have an agreement, and you haven't been paying rent, you will often qualify as a guest. Guests get a... View More

1 Answer | Asked in Trademark for Utah on
Q: If a Trademark status is "Status800 - Registered and Renewed" Does that mean company keeps the trademark forever?

So my point comes from that Sony Pictures Television owns the animated show "the critic" trademark, the show was created back in the mid 90s. I want to only hope that Sony keeps the trademark of the show. Its just a matter of do they have complete control of the trademark when its filed... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 16, 2023

DRAGON TALES was registered for "entertainment services in the nature of an ongoing children's television series" in 2000 by Columbia Pictures Television and the registration is now owned by Sony Pictures Television. The registration was renewed in 2019 for another ten-year term,... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Utah on
Q: Hello, my question is ways that i can get my charge of possesion of a controlled substance dissmissed or reduced in utah

An officer from a neighboring city got behind me and followed me untill i reached my city for no reason he pulls me over. His reasons were made up and in my discovery he dont give any probable cause reason on why he began to follow me on the highway. ive done some research and believe theu were... View More

William Melton
William Melton
answered on Feb 13, 2023

You need to hire an attorney. Criminal law is extremely fact specific and you need an attorney to review your case and probably file a motion to suppress.

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.