My air-conditioner went out a couple weeks ago. In the past I've been able to replace the filters and turn it off for a few hours and it would work just fine. So I tried both things, it still didn't work. I found an article (more like a paragraph) online that told me to get inside the vents with a vacuum and clean it out that way, I tried it, I got VERY dirty but it still didn't fix the problem. Another paragraph online suggested I take apart the outside unit and clean everything, then put it back together. I tried. I did really good at the taking it apart step, and I think I did a pretty good job cleaning the parts, its the "put it back together" step that I struggled with. Ultimately I had an expert come out, turns out the capacitor was bad (no not the flux capacitor from the DeLorean time machine from "Back to the Future", I asked). It cost about $50 to replace. Putting everything that I pulled apart back together correctly cost me another $250. The moral of the story? There is a reason professional A/C guys exist. They have the knowledge, the right tools, and generally can perform necessary A/C tasks efficiently. The same goes for experienced Utah divorce attorneys.
There is no such thing as "grandparent rights" unless a Utah State Court awards said rights. In other words, unlike parents, grandparents do not have natural rights to a child, and the only way to get any rights is through court intervention.
In July of 2013, the Utah Supreme Court severely limited a grandparent's right to visitation in its Jones vs. Jones decision. Prior to the Jones case grandparents could petition a court and often get visitation by showing one of the following:
If you file bankruptcy before the eviction goes through, or in other words the court has not yet ordered that you vacate the premises, then a bankruptcy can and will buy you more time, or possibly even allow you to stay, depending on which chapter you file.
Chapter 7 Utah Bankruptcy
If you are served with an eviction notice and you file a Chapter 7 Utah Bankruptcy then the automatic stay will prohibit your landlord from evicting you, at least temporarily. At that point your landlord has a couple options, he can either work with you and allow you to stay, wait until your bankruptcy case is closed and then resume eviction proceedings (unless you've gotten current on your rent in the meantime), or he can file a Motion to lift the Stay with the court.
Most courts will lift the stay unless you can show a good reason for why the stay should not be lifted. So if your landlord does go with option number three, then the chapter 7 Utah bankruptcy doesn't do much as to avoiding eviction, other than buy you a little bit of time.
So you all know how it works, your bank or other creditors sell your debt to a collection agency for pennies. The collection agency does everything to settle the debt because as long as they get something, they're making money. Collection agencies make more money off default judgments than anything, and if the debt is a minimal amount, people will generally just pay it, whether they actually owe it or not.
A default judgment is when a court gives a judgment by, you guessed it, default. Typically this occurs when a party does not answer a complaint, or at some point they simply ignore the law suit. Once it becomes apparent that a party is not responding to pleadings or taking any steps to defend himself/herself, the court can simply grant a judgment in favor of the opposing party, and give them anything they asked for. With a judgment, the prevailing party can garnish wages, garnish bank accounts, force a sheriff's sale of personal property, etc. Collection agencies probably resolve most of their cases by getting a default judgment against debtors.
Forum shopping is a term used when a party is trying to find a forum, or court, that is beneficial to them in some way. Some cases (generally not family law) can be filed in either federal or state court, and sometimes parties can choose which state to file in.
You and Your Spouse Live in Different States
Typically one state has jurisdiction in a divorce. The obvious reason is both parties usually live together in the same state, so that state has jurisdiction over both parties. However, there are instances where a couple separates, one moves out of state, and then they file for divorce. In that scenario it is possible that either party can file for divorce in the state in which they are residing. The non-filing spouse can object to the forum, and attempt to convince the court that their home state is a more convenient forum.
Jared B. Pearson is an experienced attorney that has been litigating in Utah for over 9 years. Jared specializes in family law, bankruptcy, and criminal defense.
Call for a free consultation today:
9192 South 300 West,
Sandy, Utah 84070