Claimed Lawyer ProfileQ&A
- Business Law
- Real Estate Law
- Estate Planning
Jurisdictions Admitted to Practice
- English: Spoken, Written
- Portuguese: Spoken, Written
- Spanish: Spoken, Written
- University of Nebraska - Lincoln
- J.D. (2009) | Law
- University of Utah
- B.S. (2005) | Political Science, Sociology and Spanish
- Honors: Cum Laude
- Snow College
- A.A. (2002) | General Education
- Honors: Magna Cum Laude
- Utah State Bar # 12462
- - Current
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17 Questions Answered
- Q. Can my ex ever try to take my gifted car for any alimony payments I missed in the past?
- A: The answer is she could try but several states have medical exemptions that would allow you to keep the vehicle. I do not know what the laws are for Florida but typically they would have to take the car, sell it at auction and then disperse the proceeds. If the car isn't worth much then the cost of repossession and selling it at auction probably would be cost effective.
- Q. Can I fight over a dog that I bought for a breeding dog and I found out that the dog can not breed
- A: Yes on the face of this it would appear you have a claim for bad faith, breach of contract and lack of fair dealing.
- Q. Can my judge court order me not to see my husband
- A: Short answer is yes. It really depends on the circumstances and what is going on with both parties. A judge may be stating that it is in the best interest of your husband to not have you in his presence due to drug matters. It is really hard to say more without additional facts.
- Q. Is it legal to create an alphabet board book featuring recognizable characters (from movies/TV) for each letter?
- A: If you are using this for personal use then you are just fine; however, if you intend to mass produce and re-sell then could and probably would be infringing on other companies rights.
- Q. Can I file a request to work with the landlord/apartment complex only and not their collection attorney?
- A: You cannot obligate the creditor to not use an attorney. It is one of their rights. The attorney office will handle the collection of the debt unless the client decides to withdraw the file.
- Q. Can I successfully sue for the August rent I paid and my security deposit in small claims court?
- A: There may be more facts here but based on what is presented I would say no. This is due to the fact that your lease was for one year and you had agreed to that. Unless there was some different clause in your agreement regarding early termination, a landlord is not responsible to make reparation for your breaking the lease. The security deposit needs to be addressed separately. Typically in leases agreements, the security deposit has a clause that will cover any damage or necessary cleaning to be done and that can eat up your security deposit. The landlord would be required to provide you a breakdown of costs on that. However, if there was no damage and no repairs necessary then you should be able to get your deposit back. The landlord typically has 30 days to provide that to you or they need to return it to you.
- Q. My boss doesn't post our work schedules in advance and I never know if they need me to work on Monday of the next week.
- A: While frustrating it's not illegal.
- Q. My estranged husband just got engaged
- A: I assume you are asking if there is a way to stop him from having another child but you may be asking something else. First off my condolences on your situation and the passing of your daughter. Second, it would be almost an impossible legal battle to force your estranged husband to not have children. Procreative rights are a very difficult subject in the courts and your agreement would probably be seen as an agreement between the two of you and not others. Suppose for example the other two become pregnant and you bring an action to stop them from having children there is no court that would order/require they obtain an abortion. Again this is a difficult situation and I don't think there is much you can do but you could try consulting with a family attorney to see if they have another suggestion.
- Q. Am I required to disclose my previous identity on job applications for the government?
- A: If you have legally changed your name and are following the advice of your case worker then you may be ok but for law enforcement jobs a comprehensive background check is always performed. I don't know if they have special access to records that would allow them to conduct a deeper search of your background but they may be able to trace records that way. Another factor to consider would be whether there was anything from your past under the other identify that would disqualify you from that particular employment. If so, you should probably consult an employment lawyer for further direction.
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