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 Domestic Violence for Utah on
Q: Rights under restraining order

If a person has a restraining order against them and needs to recover personal property from the area such as a motorcycle. What legal recorce do they have to recover the property?

William Melton
William Melton
answered on Nov 23, 2021

You should contact the local police department and ask them to assist you in recovering property. Many times they can help facilitate that without having to go to court. If not, then you will need to request a hearing with the court that issued the protective order and ask for it to be amended to... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Foreclosure for Utah on
Q: Getting back money from soon to be ex husband he took her checks and put it in a bank account without her name on it

She works a full time job and he took 30000 that she was paid from her job and a settlement and put it in an account with only his name on it, and she is only asking for half but he is telling her he is keeping it all. He won't give her a penny of it. He also cheated for 13 years.

Aric M. Cramer
Aric M. Cramer
answered on Nov 22, 2021

Contact a family law attorney for help.

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 Criminal Law for Utah on
Q: Student brought a gun to school. How do I help the family? What is the process? He is a good kid.
Aric M. Cramer
Aric M. Cramer
answered on Nov 20, 2021

Hire an attorney.

2 Answers | Asked in Criminal Law for Utah on
Q: Is there jail time with class b misdemeanor

Unlawfully provide shelter to a run away and interference with a peace officer

Aric M. Cramer
Aric M. Cramer
answered on Nov 4, 2021

No way to answer this without much more information.

View More Answers

1 Answer | Asked in Real Estate Law for Utah on
Q: If I bought a house with someone who didn't actually financially contribute to the house in any way and only paid

2 mortgage payments be entitled to half the home if it is sold?

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 1, 2021

Step one is to communicate with this person regarding what they expect to receive in a sale of the home. Any value gained since the purchase, will be funds in question. (A court may find that the increase in value must be divided, you won't know until you receive a final judgment from the... View More

1 Answer | Asked in Copyright for Utah on
Q: Could I get in legal trouble for making and selling custom socks that accept the owlet monitor
Marcos Garciaacosta
Marcos Garciaacosta
answered on Oct 27, 2021

Depends on what the sock itself does.

it will depend on whether there is any protection for the design or use of the sock.

Consult with an attorney.

1 Answer | Asked in Real Estate Law for Utah on
Q: If I were to buy a house with a married man that I’m not married to, would the wife have any right to the house?

If something were to happen to him, could she possibly get half or anything? They haven’t been together for many years. Him and I have two kids together

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 26, 2021

The answer depends on what you have listed on the deed. If the deed says two people own the house "as Joint Tenants" this means that when one dies, the other will own the full house. If the deed only lists both of your names, then when one dies, their half of the house will be a part of... View More

1 Answer | Asked in Contracts for Utah on
Q: buyer threatened violence against seller. Seller wants to cancel contract. buyers offer is way less than FMV. ?

Seller (who is disabled) had a friendship with buyer. Buyer became beligerant with seller making threats of violence and called him a liar. Buyer made a super low offer to flip the property. Seller found out the offer was extremely low based on comps in condo complex and surrounding comps. Seller... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 22, 2021

I highly recommend you communicate directly with an attorney to allow them to ask you questions and give you the best advice possible. Threats of violence are never ok. Contact local law enforcement and make a report.

You can send a copy of the report to the buyer with a notice of...
View More

1 Answer | Asked in Agricultural Law, Business Formation, Business Law and Communications Law for Utah on
Q: Threaten me with a cop to my house

I used to asked for a ride for about a week to this lady about 56 she said yes I them needed another ride for two weeks I asked she said yes. I willingly start giving her money for gas so I won’t feel bad even though it is on the way. We started being friends and started going out after work... View More

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Oct 22, 2021

No,

If anything, this would be a civil matter. A cop will not get involved in this capacity. If she feels her claim is strong enough, she will sue you. Until then just ignore it and or block her number if she continues to harass you.

I hope this helps.

Wes

1 Answer | Asked in Family Law for Utah on
Q: how do I get the title company to create my family trust and put the filmore property into the trust?

Creating a trust in utah

Mike Branum
Mike Branum
answered on Oct 21, 2021

Title companies do not create trusts, attorneys do. You should contact an estate planning attorney to assist you in creating a trust and they will also be able to draft the warranty deed necessary to transfer the property into the trust once created.

1 Answer | Asked in Criminal Law and Internet Law for Utah on
Q: I let my Girlfriend (now ex) use my laptop to access the internet for work purposes. She went into my email and took pic

I let my now ex girlfriend use my laptop so that she could use the internet for work purpose. She accessed my email, took photos of certain emails and has sent those photos to family and friends. The emails were personal (not illegal in any manner) and I did not give her permission to access my... View More

Mike Branum
Mike Branum
answered on Oct 20, 2021

Since you allowed her to access the computer without supervision and the images themselves are not illegal, then it is highly unlikely a crime has occurred. You might have some civil recourse against her for publishing without your permission. Those emails are your intellectual property. Libel and... View More

1 Answer | Asked in Criminal Law for Utah on
Q: How do I start expungement for accessory drug charges in 1992

The charges were in Santa Clara Count in California when I was 18

Mike Branum
Mike Branum
answered on Oct 20, 2021

I recommend you repost your query with a California tag. The attorneys who received notice of your question are almost certainly licensed in UT, but few will be jointly licensed in CA (I'm sure there are a few, but I do not know if they will respond to your question). Charges received in... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Our Landlord is selling the house we rent. She is telling us we have until 11-01-2021 to vacate. is this legal?

She sent us a Notice of Intent to Sell on 10-05-2021. She stated that the property would be sold to another property management company and that our tenancy and lease would not be affected. On 10-16-2021 a realtor and a young family came to look at the house. They were not a new company. I found... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 18, 2021

That sounds like a difficult situation. The description states when you were asked to leave, but it does not state when you received the notice. The timing of a notice is important. If you have a lease, you may have agreed to some specific time periods for notice to leave. Some state laws override... View More

1 Answer | Asked in Uncategorized for Utah on
Q: can a credit card company put a lien on my house?
A. Jase Allen
A. Jase Allen
answered on Oct 10, 2021

Generally a lien may be placed on property when there has been a judgement, it is allowed by statute, or as allowed by a contract your signed.

1 Answer | Asked in Criminal Law for Utah on
Q: I plead no contest to attempted sexual abuse of a child. Can I get my record expunged?

This was after having the first trial be dismissed due to prosecutorial misconduct. I did have to be on the registry for 10 years, that is over. Attempted sexual abuse of a child isn't on the list of charges unable to be expunged. Also is there a law about giving the same prosecutor the case... View More

Mike Branum
Mike Branum
answered on Oct 7, 2021

I cannot foresee a circumstance where you can get a conviction for sexual abuse of a child expunged. If you need further confirmation, I would schedule a consultation with a criminal attorney who specializes in sex crimes (there are a number in SLC). Attempt just gives the Court the discretion to... View More

1 Answer | Asked in Child Custody and Family Law for Utah on
Q: If my dad refused to sign the renewal of my guardianship in Wyoming does that mean he revoked his legal rights to me?

Before I turned 18 my parents gained full legal guardianship of me as have Autism. They recently divorced around the same time a renewal of the guardianship was due. My father refused to sign it and I just want to know if that revoked all of his legal rights of being my father? My father was very... View More

Mike Branum
Mike Branum
answered on Sep 30, 2021

First of all, I hope you are now surrounded by people who love and care for you the way your father SHOULD have loved and cared for you.

As to your question, it depends on whether you remain under your mother's guardianship or not. If you ARE, you should encourage your mother to file...
View More

1 Answer | Asked in Family Law for Utah on
Q: My ex is staying that I own her child care and medical expenses from 2017 to 2019. They never said anything until now

She has never given me a bill or documentation to say other wise. She just sent me a message and the amount and dates and said I need to give her the money. Can I refuse to pay

Mike Branum
Mike Branum
answered on Sep 28, 2021

It depends on what is in the court Order. Most of the time parties have 30 days after an expense is incurred to provide notice to the party who is supposed to reimburse them. The reimbursing party then has 30 days to pay. If you have received notice of the bills, it is unlikely she can force you to... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a mobile home park agent force me to pay another $50? If the late fee including rent was 450 but he ran my card 400?

My card then declined that attempt due to a fraud prevention. Me not knowing the total i owed was $450 saw the charge he just attempted to do for $400. I then went and got a cashiers check, which is another accepted way to pay rent, for $400. I turned it in 2 hours after later. After he received my... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 28, 2021

Charging your credit card in this case sounds like a collection of amounts due, not a communication of amounts due. I don't have any doubt that in court your mobile park agent could get a judgment that you haven't paid the amount agreed upon in your agreement. If the email communication... View More

1 Answer | Asked in Bankruptcy and Animal / Dog Law for Utah on
Q: I got a puppy and can't make the payments , I included seller in bankruptcy can he take her back?

I was supposed to pay 2 payments and haven't been able to. I am filling bankruptcy and included the seller. Can he come and get her like he is threatening to do?

Timothy Denison
Timothy Denison
answered on Sep 25, 2021

No. Not if you’ve actually filed bankruptcy. Until you file, yes.

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.