Utah Civil Litigation Legal Questions

You are claiming that the landlord breached your contract, which was, according to you.,to allow your pet to stay in the building as long as you left a deposit, which would be returned if your pet caused no damage.  Assuming that the court believes your story (the notation on the payment will be helpful, but I don't know what evidence the landlord has on his/her side), and not the landlord's, you would be entitled to the return of your deposit, plus interest at whatever the Utah statutory rate is for the extra time the landlord kept it.  Unless Utah law is very different from the law in the states in which I practice, you have no right to punitive damages, and anyway a small claims court would probably not have the power to award any.  You also probably do not have the right to the interest you incurred on your loan, unless you informed the landlord at the time you contracted that you would suffer this damage if he/she breached, since this would be consequential damages which are not recoverable unless they were within the contemplation of the parties at the time of contracting.... Read More

if a search warrant was issued on your home, then there is probable cause to believe that he is involved in a conspiracy to have been involved, despite thatr he actually wasnt the one who pulled the heist..Every person involved in the conspiracy can be prosecuted for the underlying crime. Obviously this is just an opinion without knowing more facts.. Your son should retain an attorney immediately and if arrested he should invoke his right to remain silent. ... Read More

Your situation would need to go through the divorce action, which is probably better because you already have orders concerning his obligations and you can work to have him held in contempt and in that way obtain some damages (if you can prove them) as well as perhaps being awarded your attorney fees. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office. 
Don't wait any longer, give a call and let's getting working to protect your interests.
 
David R. Hartwig 

801-486-1715... Read More

If you cannot settle this issue by simple agreement, with the appropriate filings with the county recorder, you will need to file suit to quiet title on your property.   Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your interests. 

David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read More

I am sorry to hear about your problems and consternation. I may be able to help you. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your interest.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read More

Regardless of whether you are represented by counsel or not, you will need to appear in court - you are the only person with personal knowledge of the facts giving rise to your claim, and so will have to testify to prove it.  BTW, you didn't ask this, but I wonder what your claim is, as I don't see how you've suffered any damages.... Read More

You have limited time in which to fight this matter. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your reputation.
 David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read More

These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read More

I am sorry to hear of your problems. You can wait, and see what the HOA does, or you can be proactive and get moving forward. That is your choice. If you do want to move forward, hiring an attorney may be the best thing to do. The attorney can review the HOA agreement, look for coverage by the HOA insurer for your damages, and the like. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read More

I am sorry to hear about your experience. You may have a case, but it depends on against whom you wish to prosecute the case. Also, as you are separated, if you are divorcing your husband's conduct may be pertinent to your divorce action. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
David R. Hartwig
801-486-1715... Read More

Depending on the facts, such as is the agency registered in Utah, it may be legal. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715... Read More

In theory, yes. But presumably the city posted notices prior to creating the park. I'd have to review all of the various documents associate with the park, including public notices, to see if there is anything to be done. If you are interested in that review, please feel free to contact me.... Read More

I am sorry to hear about your situation. I may be able to help you. I will need to see your initial custody orders, and all of the various documents associated with this problem.I offer an initial 1/2 hour consultation, an opportunity to meet and discuss your case, your situation, your goals, and then offer ideas on how to help you; it is also an opportunity to see if we are comfortable working with each other. I do not charge for that initial consultation.Should you desire to have a consultation, please telephone my office to set an appointment.David R. Hartwig801-486-1715... Read More

You say that you received a check from sone entity, but you don't say who it was or if you had any relationship with that entity. You say that you negotiated the check. You say that someone telephoned and told you the check had been issued in error as it was to be for a different company unrelated to yours. Did you independently verify that allegation? So if that is all true, then why did you negotiate the check in the first place? If it was actually from some entity to which you have provided some services or goods, why did you not verify the alleged error? Based on your answers, the response from me would vary.  ... Read More

Sounds like you are in a mess, and I hope that you have a paper trail to back up what you say. Worst case scenario is that you would have to file a lawsuit to obtain a judgment for the payment. Before doing anything, I'd need to review you paperwork and discuss the details of the facts with you. I may be able to help, if you are interested. David R. Hartwig 801-486-1715... Read More

You omit a number of important details from your summary. You do not state where you live, or where the accident occured. You do not state when the default judgment was entered either. You are on a very short timeline to challenge the default judgment. While you may not want to hear it, the best thing you can do is retain counsel to review your claims and facts, and then explore your options. I can assist you, should you so choose. David R. Hartwig 801-486-1715... Read More

Sure, there is nothing stopping you from reporting it stolen under these facts, but it probably isn't going to significantly change things. Unless pushed by you, and unless the car is in the open, police do not seem to work such cases quickly, particularly in domestic cases -- the police might even attempt to tell you that it is a civil matter. But, make the report, and get a report number.... Read More

The procedure may be slightly different in Utah, but basically when you pay a judgment, the judgment creditor provides you with a document called (in New York) a satisfaction of judgment, which you record with (in New York) the County Clerk.  This puts the world on notice that the judgment has been satisfied.  However, that doesn't mean that the judgment, even though it has been paid off, will not negatively affect your credit.... Read More