A Brief Guide to Utah Bankruptcy Exemptions

When you file for bankruptcy in Utah, you naturally want to keep as many of your assets as the law permits. Utah has bankruptcy exemptions that protect certain property and/or let you keep assets up to a certain dollar amount. The exemption rules available to you will vary depending on which chapter you file. With Chapter 7, all non-exempt assets and property that exceeds an exemption amount can be taken and sold Read More

Utah Civil Law: An Introduction to the Real Estate Settlement and Procedures Act

The Real Estate Settlement and Procedures Act, or RESPA for short, is a federal law designed to protect aspiring homeowners and enable them to make better, more informed purchasing decisions. It impacts anyone who is buying a home or working in a field involving residential property transactions, such as: Mortgage brokers and lenders Real estate brokers or agents Builders and developers Title Read More

What You Need to Know About the Social Security Application

Considering applying for disability benefits through the Social Security Administration? Here is what you need to know regarding how the Social Security Administration evaluates your application. The first question you need to know the answer to is whether your disability, also known as impairment(s), will cause you to miss more than twelve (12) months of work? If you are not currently working and will be unable Read More

What to Expect If You Refuse a Breathalyzer Test in Utah

When you get your Utah driver’s license, you may not be aware that you are also automatically consenting to a breathalyzer or blood test if the police suspect that you are driving under the influence of drugs or alcohol. After the officer reads them the Implied Consent warning, which explains the consequences they could face for refusing to take a chemical test, people are surprised by the substantial penalties that Read More

What You Need to Know About Utah Cohabitation Laws

There are many reasons why a Utah couple would choose to cohabit rather than get married. Perhaps they want to see how comfortable they are living together before they exchange vows. Some may have religious convictions that impact the decision. Other people simply feel that marriage is an unnecessary formality. In the 2011 case Meyers vs. Meyers, the Utah Supreme Court stated that for a couple to be cohabiting, Read More

What to Expect from a Post-DUI Arrest Driver’s License Hearing

DUI cases in Utah are actually a two-part process that consists of the criminal hearings / trial and the ‘civil’ hearing before the Utah Dept of Public Safety - Driver’s License Division. The latter occurs because Utah law mandates the automatic suspension of your driver’s license when you are arrested for DUI or refuse to submit to chemical testing under the state Implied Consent statute. In most cases the Read More

Understanding What Can and Cannot Be Expunged from Your Criminal Record in Utah

You’ve made a mistake (or two) that has left you with a Utah criminal record. Although you’ve been a conscientious and law-abiding citizen ever since, that record is preventing you from applying for certain jobs or professional licenses. Fortunately, it may be possible to have your record expunged. In other words, sealed or erased so that you can put the past behind you. The Utah Expungement Act governs the Read More

Taking Back Your Paycheck: Fighting Back Against Wage Garnishments

One method that creditors use to collect an unpaid debt from you is to garnish your wages. Depending on the circumstances and amount owed, you can lose up to 25% of your total paycheck. With some debts, such as child support, up to 60% can be taken. But no matter how much they have been allowed to seize, it’s money you can ill afford to lose. How the Garnishment Process Works Wage garnishment is used to satisfy Read More

6 Steps to Take to Fight Back Against Aggressive Bill Collectors

When illness strikes or jobs are lost, even the most financially responsible individuals can find themselves dealing with aggressive bill collectors. These collection agents use profane or obscene language, call you at work after you tell them to stop, and wake you up in the middle of the night with their calls. Is any of this legal? No. The Fair Debt Collection Practices Act (FDCPA) prohibits third-party debt Read More

Charged with Felony Assault? Here’s What to Expect

In Utah, the crime of assault refers to an attempt to do bodily injury to someone else via violence or unlawful use of force. It is usually charged as a misdemeanor, but can be treated as a felony when the assault is: Likely to cause serious bodily injury or death OR Committed by a prison inmate OR Your second (or subsequent) conviction for assaulting a law enforcement officer or member of the U.S. Read More