The final stage of a divorce is the filing of the notice of entry and the notice of withdrawal. This is the end, but it could also be the beginning. Application for the Divorce (Divorce Petition)Either you or your spouse will need to begin the divorce proceedings by completing the Divorce Petition and submitting this to the Court. The person who completes and submits this document is called the Petitioner. The Divorce Petition will need to prove that the marriage has irretrievably broken down, and must also state the reason for this breakdown. If you are completing the Divorce Petition, you should also consider whether you wish to apply for a Financial Order for the benefit of yourself and/or any children of the family. In certain circumstances, the Petitioner may also wish to apply to the Court to claim the divorce costs back from the Respondent. Once the Divorce Petition is completed, it will be lodged with your local regional divorce centre for the Court to administer. There is usually a Court Fee of £550 which is payable to the Court (unless your financial circumstances mean you are exempt, or entitled to a reduction, from the Court Fee.) Certificate of Entitlement Getting Over Divorce If you didn’t see the divorce coming, it can be a huge shock and take much longer to accept and move on from. If your spouse seemed to be happy, or even indifferent, and you didn’t know there was a real problem, divorce could come as a complete surprise. In a perfect world, couples would communicate well enough that such a thing could never come out of nowhere, but in reality, often a divorce seems sudden and out of the blue. Mediation vs. Litigation Divorce LawyerWhen you need legal help with a divorce in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Can You Settle A Debt After Garnishment? Selling Construction Material To Unlicensed Contractors What Is A Private Placement Exemption? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-is-the-final-stage-of-divorce/
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Manslaughter is an unlawful murdering that doesn’t include malignance aforethought—purpose to genuinely damage or slaughter, or outrageous, foolhardy dismissal forever. The nonattendance of malignance aforethought implies that manslaughter includes less good fault than either first or second degree murder. (In any case, bounty contend that a few cases of lawful offense murder, a type of first degree murder, include less culpability than certain occurrences of manslaughter.) Thus, while manslaughter is a genuine wrongdoing, the discipline for it is commonly not as much as that for homicide. The two fundamental varieties of manslaughter are normally alluded to as deliberate and automatic manslaughter and intentional manslaughter. This is regularly called a “warmth of enthusiasm” wrongdoing. Willful manslaughter happens when an individual: is firmly incited (under conditions that could likewise incite a sensible individual) and slaughters in the warmth of enthusiasm excited by that incitement. For “warmth of energy” to exist, the individual must not have had adequate time to “chill” from the incitement. That the killing isn’t viewed as first or second degree murder is an admission to human shortcoming. Executioners who act in the warmth of enthusiasm may slaughter deliberately, however the enthusiastic setting is an alleviating factor that lessens their ethical accountability. The exemplary case of deliberate manslaughter includes a spouse who gets back home startlingly to discover his significant other submitting infidelity. In the event that seeing the undertaking incites the spouse into such a warmth of enthusiasm, that he murders the lover without a second’s pause, a judge or jury might just believe the killing to be intentional manslaughter. Whilst automatic manslaughter regularly alludes to accidental murder from criminally careless or foolhardy direct. It can likewise allude to an inadvertent slaughtering through commission of a wrongdoing other than a lawful offense. The nuances among homicide and manslaughter achieve their top with automatic manslaughter, especially in light of the fact that a unintentional killing through extraordinary rashness can establish second degree murder. Councils and courts have built up a whole assortment of law identifying with the psychological state contrasts between inadvertent second degree murder and automatic manslaughter. The assurance essentially comes down to how ethically reprehensible the reality discoverer thinks about the respondent. Despite the fact that somebody may execute somebody in self-protection, this kind of slaughtering isn’t viewed as a wrongdoing like manslaughter or murder is. The American equity framework perceives the privilege of somebody to shield oneself from damage. All together for a self-preservation to apply, the respondent more likely than not trusted that the individual was in approaching risk of damage and that the utilization and level of power that the person in question utilized was sensibly important to ensure his or her security or that of a third individual. Various states have various rules with respect to the use of self-protection. For instance, a few states force an obligation to withdraw on the respondent where the individual in question should initially endeavor to make tracks in an opposite direction from the wellspring of peril before applying power so as to attest this protection. Different states possibly grant somebody not to withdraw whether the individual was in his or her very own home at the season of the assault. Different variables might be important in the utilization of this barrier, for example, who was the underlying attacker, who heightened a debate and whether the litigant was occupied with crime at the time that the individual in question declares the protection. Under Utah law, manslaughter is a sort of crime. Along these lines, on the off chance that you have been charged, the results can be groundbreaking and serious. Normally, the denounced did not plan to end the life of someone else. Truth be told, it might even have been a mishap, for example, a vehicle slamming into a passerby. In any case, the legitimate framework does not treat this sort of mishap gently, and even an unexpected demonstration may not collect any compassion. In the event that you are dealing with manslaughter indictments, An attorney likewise takes a gander at the realities and the proof and decides the best game-plan for your situation. Respondents who work with a lawyer quite often have a superior result than the individuals who attempt to speak to themselves against charges. The manslaughter laws in Utah. Code Sections UTAH CODE ANN. § 76-5-205 et seq
Manslaughter Defense LawyerWhen you need a Manslaughter Defense Lawyer In Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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What Is The Best Way To Get Divorced? Can You Settle A Debt After Garnishment? Can You Get Jail Time For Misdemeanors? How Long Does The Probate Process Take? What Is A Private Placement Exemption? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/manslaughter-legal-defense/ An exempt transaction is a type of securities transaction where a business does not need to file registrations with any regulatory bodies, provided the number of securities involved is relatively minor compared to the scope of the issuer’s operations and that no new securities are being issued. Exempt securities are the instruments used that the government backs, which have tax-exempt status. An exempt transaction is a securities exchange that would otherwise have to register with the Securities and Exchange Commission (SEC) but does not because of the nature of the transaction in question. How an Exempt Transaction Works? Other types of exempt transactions include Reg A offerings, also known as small business company offerings, which permit the issuing company to raise no more than $5 million in 12 months. This allows smaller companies to access securities markets to raise capital. Rule 147 offerings, or intrastate offerings, are also exempt. Transactions with financial institutions, fiduciaries, and insurance underwriters may be considered exempt. Unsolicited orders, which are those executed through a broker at the request of his or her client, are also considered exempt. Even with exempt transactions, investors and companies are responsible for any misleading or false statements. Usually, an exempt transaction involves a small amount of money or an accredited or sophisticated investor, or does not, for some other reason, warrant a full registration. However, even exempt transactions are subject to some regulations, such as anti-fraud provisions. Investors and companies can still be held liable to misleading or false statements made on behalf of the company, the offering, or the securities, even if the transaction is exempt. And while exempt transactions may not need to be registered with state securities regulators, those state authorities retain the authority to investigate fraud, collect associated state fees, and enforce state filing requirements. Therefore, companies should take care to remain in compliance with state securities regulations, even if their offerings and transactions are exempt under federal filing regulations. When reviewing private placement documents, you may see a reference to Regulation D. Regulation D includes three SEC rules—Rules 504, 505 and 506—that issuers often rely on to sell securities in unregistered offerings. The entity selling the securities is commonly referred to as the issuer. Each rule has specific requirements that the issuer must meet. If you have reason to believe that an unregistered offering claiming to rely on one of these rules does not satisfy the applicable requirements, consider this a red flag about the investment. Rule 506 If your broker recommends the investment, you should know that your broker, along with his or her firm, has a duty to conduct a reasonable investigation of the investment and the issuer’s representations about it. The scope of the investigation depends on the circumstances of the investment, including its complexity and the risks involved. For example, the private placement of shares by a large public company may warrant less investigation than a start-up with little or no track record. Generally, a broker should not just rely blindly on the issuer for information but should separately investigate and verify an issuer’s statements and claims. If your broker is recommending the investment and fails to satisfy its duties to investigate the issuer and the offering, this failure could constitute a violation of the antifraud provisions as well as other federal securities laws. In addition, your broker must determine whether an investment in the private placement is suitable for you. This means your broker will have to consider factors such as your age, financial situation, current and future needs, investment objectives and tax status. Your broker’s duties, however, should not substitute for your own judgment in making the investment. Your broker can assist and enable you to better understand the opportunity and risks, as well as investigate and gather additional information, but it is your money, your risk and your decision whether to invest. You should also ask about the compensation your broker is receiving for the transaction and any relationships, business ties or other conflicts of interest that may exist between your broker and the issuer. Private Placement LawyerWhen you need a private placement lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Does A DUI Show Up On A Background Check Before Conviction? How Do You Find Someone’s Will After They Die? What Is The Best Way To Get Divorced? Can You Settle A Debt After Garnishment? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-is-a-private-placement-exemption/ Setting up an installment payment plan through a court order will protect your wages from being garnished. Creditors can garnish up to 25% of your wages to collect repayment for debt. Wage garnishment can make it difficult or impossible to live comfortably, reducing the amount you are able to spend on essentials like food and toiletries, utilities and bills, or supporting your family. When requesting an installment payment plan, you must detail your income and expenses to the court. You will file a Motion for Installed Payments, and a copy will be sent to your creditor, who has 14 days to approve or deny your proposed plan. A creditor can object to the motion, so make sure your payment plan is reasonable pay the highest amount you can and no less. The creditor may object to the plan if the proposed repayment period is too long. If the court denies your Motion for Installed Payments, you have several options. One is to file a new plan with higher payments. You’ll have to pay the filing fee again. However, if your plan is approved, the court will issue an Order Regarding Installment Payments. This means that, effective immediately, you will start making payments according to the Order. An Order Regarding Installment Payments should effectively stop or prevent a wage garnishment, as long as you make your payments on time. Your employer cannot legally garnish your paycheck once they’ve received this order- if they continue to do so, you can file on objection with the court. You’ll need to include a copy of your Order Regarding Installment Payments with your objection. Don’t miss a payment. If you do, a creditor can file a Motion to Set Aside the Order for Installment Payments. You’ll receive a notice from the court that the motion has been filed, and have 14 days to request a hearing to object to the motion. At the hearing, you’ll explain why you missed your payment, and how the court can be assured that future payments will be made in full and on time. Installment payment plans are just one option you have to halt a wage garnishment. You also might consider filing for exemptions with the court to reduce the amount of your wage garnishment. An automatic stay, effective immediately upon filing for bankruptcy, will stop a wage garnishment in its tracks. How To Stop Wage GarnishmentThere are several options that you can do to fight and stop wage garnishment. If you do not owe the debt, you can fight the debt collection lawsuit. An attorney can help you fight a debt collection lawsuit. You may also negotiate with a creditor to set up a payment plan directly with the creditor. In some cases, you might be able to negotiate a lump sum payment to settle the debt in full. However, lump sum payments also have drawbacks. You must have the money available to pay the creditor immediately, and the forgiven debt is typically counted as income for tax purposes. Therefore, you may owe income taxes the following year, depending on the size of the debt forgiven. Bankruptcy stops wage garnishments. If the debt is eligible for discharge (forgiveness) in bankruptcy, filing bankruptcy stops the wage garnishment and prevents the creditor from taking any actions to collect the debt, even after you complete the bankruptcy case. A no-asset Chapter 7 bankruptcy case could get rid of the debt in four to six months, if you meet Chapter 7 income requirements, and the debt is eligible for a bankruptcy discharge. If the debt is not eligible for a bankruptcy discharge, you might want to consider filing under Chapter 13. Chapter 13 is a bankruptcy repayment plan. The amount you pay through your bankruptcy plan may be less than the amount of a wage garnishment. You can estimate the amount of your Chapter 13 plan with our Chapter 13 calculator. There are many options, but the options tend to be complex in relation to costs and pros and cons of those options. You may be interested to take our Wage Garnishment Debt Relief Options Calculator below for more information about your options and estimated costs of those options. In most states, you would not pay the judgment at the court; rather, you would contact the attorney representing the judgment creditor (the credit card company that sued you) to obtain a payoff amount, and then pay to the attorney directly. Once the attorney receives your payment and the funds clear the bank, he would file a document called a “satisfaction of judgment” with the court clerk of the court in which the original lawsuit was filed. This filing will put the court clerk on notice that the judgment has been paid and should be marked as “satisfied” in the court records. The attorney for the judgment creditor would also need to contact your employer to let your employer know that the judgment has been paid and that the garnishment should be canceled. This process can take a bit of time, so if your paycheck is scheduled to be garnished during your next pay period, you may not be able to stop the garnishment in time, even if you pay the judgment. However, your employer should hold the funds for a certain period of time, the length of which varies from state to state, and your employer should return that money to you once it receives notice of the satisfaction of the judgment. When you contact the creditor’s attorney to obtain a payoff amount, you should not be surprised if the amount he asks you to pay is slightly more than the actual judgment balance entered by the court. Creditors are usually allowed to charge interest on judgments (the interest rate varies by state), as well as attorney’s fees and processing costs. Get it in writingBefore you render payment, you may want to obtain a written statement from the creditor’s attorney to confirm that the amount he has asked you to pay will satisfy the judgment. You should also request a copy of the satisfaction of judgment for your records once payment is made. These documents will serve as your evidence if there is ever any question that you paid the judgment. In some states, the debtor is required to file a copy of the satisfaction of judgment with the court clerk’s office, so you may want to call the court clerk’s office prior to making payment to ask about your state’s procedures for satisfying judgments. Once you have a copy of the satisfaction of judgment, you can take a copy to your employer to make sure that the garnishment is stopped, though, as I mentioned above, the creditor’s attorney should notify your employer if you ask him to do so. Lump-sum settlementA final issue to consider is that you may be able to settle this judgment for less than the full amount owed, if the judgment creditor is willing to agree to a reduced-balance settlement. If you are interested in settling the judgment, you would need to contact the creditor’s attorney to ask if settlement is a possibility and to make a settlement offer. Some creditors are not willing to settle on judgments, but it certainly cannot hurt to ask. Settlements on judgments are usually higher than those on non-judgment accounts, but you may be able to settle this judgment for 60% to 70% of the balance owed, or possibly less. If the creditor agrees to a settlement, the steps to pay the settlement and to obtain a satisfaction of judgment would be the same as those outlined above. Since you have the money to pay off this judgment, resolving it and stopping the garnishment should not be difficult, but again you need to make sure that you have good documentation of any agreement you reach with the creditor so that you can prove to the court and your employer that the judgment has been paid in case there is any question. Charging exceptionally high interest on unpaid debt is one of the ways card issuers offset their risk. It makes their business profitable even though some debts are never recovered. But those high rates make repaying debts even harder as the amount owed can grow quickly if not paid off each month. Obviously, the best policy is to pay in full each month. After Garnishment, Your Debt Can Still GrowWorse still, your debt can continue to grow if the garnishment doesn’t cover the interest payments. Even your garnishment order chips away at the principal due, it might take years to get out of debt and the amount you pay will be far more than what you originally borrowed. If you served with a debt-collection lawsuit, do the following: • Settle the debt if you can: Your creditor may prefer forgiving a portion of your debt and saving on legal fees. If you don’t have cash to put up for a settlement, consider selling an asset. Debt SettlementDebt settlement, also called “debt relief” or “debt adjustment,” is the process of resolving delinquent debt for far less than the amount you owe by promising the lender a substantial lump-sum payment. Depending on the situation, debt settlement offers might range from 10% to 50% of what you owe. The creditor then has to decide which offer, if any, to accept. Consumers can settle their own debts or hire a debt settlement firm to do it for them. In the latter case, you’ll pay the firm a fee that’s calculated as a percentage of your enrolled debt. Enrolled debt is the amount of debt you come into the program with. By law, the company can’t charge this fee until it has actually settled your debt. Fees average 20% to 25%. Debt settlement may also entail tax costs. The Internal Revenue Service (IRS) considers forgiven debt to be taxable income. If, however, you can demonstrate to the IRS that you are insolvent, you will not have to pay tax on your discharged debt. The IRS will consider you to be insolvent if your total liabilities exceed your total assets. It’s best to consult a certified public accountant to determine if you qualify for insolvency status. Debt Settlement Strategies and RisksIronically, consumers who enroll in a debt settlement program because they can’t manage their debt burdens but who have still been making payments, even sporadic ones have less negotiating power than those who have made no payments. So their first step must be to stop making payments altogether. “Credit scores can suffer during the debt settlement process, particularly at the beginning.” “As the consumer begins to make payments on settled debt, credit scores typically will recover over time.” Becoming delinquent on debt and settling debt for less than you owe can have a severe impact on your credit score likely sending it into the mid-500s, which is considered poor. The higher your score before you fall behind, the larger the drop. Late payments may remain on your credit report for up to seven years. Making no payments also means accumulating late fees and interest, which add to your balance and will make it harder to pay off your debt if you can’t settle. Consumers can expect harassing debt collection phone calls once they become delinquent. Creditors might also decide to sue consumers for debts above $5,000 debts that are worth their trouble, in other words which can result in wage garnishment. “The more money you have available to settle, the sooner you can resolve the debt. The longer your debt goes unpaid, the greater the risk of being sued.” There are no guarantees that after incurring this damage the lender will agree to a settlement or that it will agree to settle the debt for as little as you’d hoped. How Do Wage Garnishments Work?When you default on a debt, the person or company (the “creditor”) you owe can sue you for the debt. If the creditor wins the lawsuit, the creditor receives a “judgment” against you. If the creditor tries to collect by taking a portion of your wages, it is called a wage garnishment. With a judgment against you, a debt collector can freeze your bank accounts, place a lien on your home, or garnish your wages. And in Utah, a debt collector can also charge 9% annual interest on a judgement which means that you could be burdened with payments for up to twenty-seven years and a $3,000 judgment could cost more than $10,000 over a period of fourteen years. Before your wages can be garnished, a creditor must notify your employer, who will then deduct a portion of your paycheck and forward that portion of your wages to the creditor. If you’re sued for a debt or if your wages are garnished, you’ll need legal help from a good consumer attorney. You cannot ignore a debt collection lawsuit. If you do nothing, the creditor or debt collector will probably obtain a “default” judgment against you. About 90% of the people who are sued for debts do nothing in response to the lawsuits, and they are hit with default judgments. Wages can be garnished for debts that include child support and back taxes, student loans, fines, and other court-ordered obligations. Overtime wages and bonuses also may be garnished. To garnish your wages, after a creditor has acquired a default judgment against you, the creditor must inform your employer about the wage garnishment. After receiving a formal notification, your employer is then required to start garnishing your wages. Wage garnishments are a compliance burden for employers, who may deduct a service fee from each paycheck subject to garnishment. However, you cannot be disciplined, fired, or subjected to retaliation because your wages are garnished provided that only one creditor is involved. This limited legal protection is provided by federal law under the Consumer Credit Protection Act, but if more than one creditor garnishes your wages simultaneously, federal law no longer protects you, and your employer may legally terminate you. If you’re already in debt, a wage garnishment can make it even tougher to get from one payday to the next. If a creditor sues you and garnishes your wages, it’s probably time to consider bankruptcy or another practical debt relief strategy. Bankruptcy can be an effective response to a wage garnishment. After you file for bankruptcy, an “automatic stay” goes into effect that stops most creditors from garnishing your wages or taking other legal action against you. An added benefit of bankruptcy is that it takes your creditors away from your employer. However, you should understand that wage garnishments for alimony or child support are not affected by the automatic stay that is issued when you file for bankruptcy. If your debts are discharged in the bankruptcy process, and if the obligation you owe to the party garnishing your wages is included in the discharge, that creditor or debt collector may no longer garnish your wages or even contact you about the debt. Bankruptcy, however, can have negative repercussions, so it is not always the best way to respond to a wage garnishment. But, there are ways to offset the harm and people can often be in a better financial, and credit scoring, position soon after their debt is discharged in a bankruptcy. It depends on your personal financial circumstances. Sometimes, wages are garnished by mistake or even unlawfully. If a debt purchasing company garnishes your wages, for example, you may in fact owe that company nothing. A debt buying operation may claim that it purchased and owns your debt, but the company may not be able to document that claim in court. A good wage garnishment attorney will know how to handle such a case effectively on your behalf. If you’ve already satisfied a debt, and if your wages are being garnished mistakenly, you will need to have your attorney request a hearing to prove that you’ve paid the debt and to have the wage garnishment halted. If your wages are being garnished in Utah, you have rights and options, and you’ll need to exercise them. In almost every case, the right attorney will find a way to reduce a wage garnishment or will be able to take legal action to end it. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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What Are The Drawbacks Of Private Financing? Do You Have To Pay Back A Loan Modification? What Happens To Separate property At Death Of A Spouse? What Is The Best Way To Get Divorced? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/can-you-settle-a-debt-after-garnishment/ How quickly a party can get divorced will first depend upon his or her state’s waiting period, or the amount of time the state requires a person filing for divorce to wait until the Court will grant the divorce. Some states have no waiting period, while others have waiting periods of up to two years. To determine what the waiting period in your state is, check the ‘effective waiting period for no-fault divorce’ column for your state on this chart provided by Americans for Divorce Reform. The amount of time it takes a couple to divorce also depends on how quickly the parties can come to an agreement and complete the procedure for divorce. Starting the Divorce Process• Fill out a Summons: The first step in getting a divorce is telling the court that you would like to dissolve your marriage. The specifics of this will depend on your state and county, so contact your local court to obtain the correct papers. There may be additional forms such as a marriage petition, property declaration, or other declarations pertaining to your relationship. Make sure you have found all the forms necessary for filing in your state. Fill out the papers on a computer or using blue or black ink as clearly as possible. If you find the forms difficult to navigate you may want to consider hiring someone to assist you. If you and your spouse are separating amicably, agree which one of you will start the process as court proceedings usually have a plaintiff and defendant (or petitioner and respondent). It does not matter much, but the plaintiff may have slightly more to do. Some states do also allow Joint Petitioning, in the simplest cases. If you have no children and little shared property, check if there is a marriage dissolution packet available at your local court. • Serve your spouse: Whether you and your significant other have been in contact during this process or not, the court needs to know that your spouse is officially aware that the divorce is a concern of the court. Your spouse can receive their copy of the papers from anyone over 18, other than you. It can be a friend or family member, or a hired professional server. The plaintiff is not allowed to serve the papers. In many states you can also deliver them by certified mail, as long as the other party is willing to fill out an acknowledgment of receipt form. • Reach an agreement on child custody and visitation rights: If you have children, you will need to decide which party the children will live with (the custodial parent) and how often and when the children will visit with the other party (the non-custodial parent). Most states have plans or worksheets of some kind available to help couples come to agreements on this issue. Some states will leave the issue more open but still provide assistance to make the best decision for the child. Check what the law requires in your state’s parenting guidelines. Filing Divorce Papers Finalizing Your Divorce• Complete any necessary classes, courses, and/or tests: Many states have parenting classes and education courses that some or all divorcing parents are required to take before a divorce will be granted. Check with the county clerk, the court, or an attorney to determine if there are any instructional courses you need to take in order to have your divorced granted. Utah Divorce LawyerWhen you need legal help for a Utah Divorce, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Can A Lawyer Stop Wage Garnishment? What Is The Advantage Of A Legal Separation? What Are The Drawbacks Of Private Financing? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-is-the-best-way-to-get-divorced/ Utah Criminal Code 76-5-107.5: Prohibition Of “Hazing“–Definitions–Penalties1. A person is guilty of hazing if that person intentionally, knowingly, or recklessly commits an act or causes another to commit an act that: b) (i)is for the purpose of initiation, admission into, affiliation with, holding office in, or as a condition for continued membership in any organization; or Terms Used In Utah Code 76-5-107.5• Act: means a voluntary bodily movement and includes speech. Utah Penalties for HazingIndividuals participating in, encouraging or knowledgeable of harmful hazing are subject to hazing charges. Failing to report and any other offense that does not cause serious bodily injury is considered a Class B misdemeanor, punishable by a maximum jail sentence of 180 days and a fine of up to $2,000. Any hazing offense that causes serious bodily injury to another is a Class A misdemeanor, punishable by a maximum county jail sentence of one year and a fine of up to $1,000. Any hazing offense that causes the death of another is a state jail felony, punishable by a maximum prison sentence of two years and a fine of up to $1,000. On the other hand, if the entire organization, or any section including pledges, members, or alumni, is found to blame for the harm of another student in light of hazing, the charges are considered misdemeanors. Additionally, the organization as a whole will be charged between $5,000 and $10,000. If those actions cause a personal injury, extreme damages or irreplaceable loss, it is punishable by a fine ranging from $5,000 or double the amount lost. Consequences of Hazing – There are consequences for individuals and organizations involved in hazing activities. It is important to understand how actions impact the individuals being hazed, those conducting the activities, and the organization they belong to. For the organization doing the hazing- By participating in hazing, not only are individuals affected, but the organization also suffers. Individuals and their organization are accountable to the national and/or international offices as well as institutional and local governing boards. In addition to the organization or team being shut down, the following outcomes may result when members of an organization or team participate in hazing: Give Members Time to Reflect on Their Actions Hazing Defense LawyerWhen you need legal help defending against Hazing Criminal Charges in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Can A Lawyer Stop Wage Garnishment? Do You Spend The Night In Jail For A DUI? What Are The Drawbacks Of Private Financing? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-criminal-code-76-5-107-5/ Private placement (or non-public offering) is a funding round of securities which are sold not through a public offering, but rather through a private offering, mostly to a small number of chosen investors. Generally, these investors include friends and family, accredited investors, and institutional investors. PIPE (Private Investment in Public Equity) deals are one type of private placement. SEDA (Standby Equity Distribution Agreement) is also a form of private placement. They are often a cheaper source of capital than a public offering. Since private placements are not offered to the general public, they are prospectus exempt. Instead, they are issued through Offering Memorandum. Private placements come with a great deal of administration and are have normally been sold through financial institutions such as investment banks. There are minimal regulatory requirements and standards for a private placement even though, like an IPO, it involves the sale of securities. The sale does not even have to be registered with the U.S. Securities and Exchange Commission (SEC). The company is not required to provide a prospectus to potential investors and detailed financial information may not be disclosed. The sale of stock on the public exchanges is regulated by the Securities Act of 1933, which was enacted after the market crash of 1929 to ensure that investors receive sufficient disclosure when they purchase securities. Regulation D of that act provides a registration exemption for private placement offerings. The same regulation allows an issuer to sell securities to a pre-selected group of investors that meet specified requirements. Instead of a prospectus, private placements are sold using a private placement memorandum (PPM) and cannot be broadly marketed to the general public. It specifies that only accredited investors may participate. These may include individuals or entities such as venture capital firms that qualify under the SEC’s terms. With increasing frequency retail investors are encountering scenarios in which they are offered an opportunity to invest in a private placement. A private placement – often referred to as a non-public offering – is an offering of a company’s securities that are not registered with the Securities & Exchange Commission (“SEC”). Under the federal securities laws, a company may not offer or sell securities unless the offering has been registered with the SEC or an exemption from registration applies. Some Risks and Red Flags Associated With Private Placements • Investor involvement: A publicly traded company’s shareholders are a large, anonymous, and mostly uninformed group. They do not typically know the business, much less the daily operations, of the company and are not in a good position to be productively involved with it. Private investors, on the other hand, can offer expert knowledge, and direct oversight of the company in a way that can benefit performance. Types of Private Financing Deals – The Leveraged BuyoutA leveraged buyout (LBO) is an acquisition (usually of a company, but it can also be single assets like a real estate) where the purchase price is financed through a combination of equity and debt, and in which the cash flows or assets of the target are used to secure and repay the debt. As the debt usually has a lower cost of capital than the equity, the returns on the equity increase with the increasing debt. The debt thus effectively serves as a lever to increase returns, which explains the origin of the term leveraged buyout (LBO). LBOs use debt to secure an acquisition and the acquired assets service the debt. Securities LawyerWhen you need a securities lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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How Long After Probate Is Granted Does It Take To Receive Inheritance? Why Would You Get A Legal Separation Instead Of A Divorce? Can A Lawyer Stop Wage Garnishment? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-are-the-drawbacks-of-private-financing/ When a person faces financial hardship in light of wage garnishment, it is often important to hire a lawyer to stop the oppressive loss of income each paycheck that comes. In certain states, it is easier for a lawyer to initiate the stopping of garnishments than in others, and it is essential for the employee to seek the counsel of legal representation in these matters. Facing a garnishment is a fearful time until the debt is complete. However, when contacting the lawyer to try to either avoid the wage loss or to stop it, it is important to ensure he or she has all the information about the garnishment. The employee may need to contact his or her employer about the details. Others may look online through a free credit report. Some may have contact through postal mail that gives him or her important data about the agency and who to contact for the information. This provided to the lawyer could improve the chances of avoiding or preventing a garnishment from taking place or continuing. Before contacting the lawyer, the individual needs to know as much about the garnishment as possible. This could lead the individual to review documentation, checking the check details or communicating with the agency. The employee could also ask the employer or contact the payroll department about the garnishment situation. When the matter starts at the bank, the person may need to sit down and explain the matter with a financial institution official. The garnishment occurs through a court judgment, and the person may need to check public records or contact the local courthouse to understand who it is that is acquiring the income. Once the individual has all the details about the potential garnishment, it is time to speak with different lawyers. The person needs the best match with a representative. If he or she finds a lawyer that understands the issue but does not connect with the client, he or she may need to discover another legal representative that is a closer match. By communicating with the legal professional, the client may learn what to do about the garnishment situation. Many may explain the bankruptcy options. Debt settlement is another option depending on the disposable income the individual has after the garnishment incurs the wage losses. Negotiating a settlement with a garnishment is possible without a lawyer, but many individuals do not understand how to proceed, or any legal matters involved in the situation. Hiring a lawyer may improve the circumstances significantly and provide a better outcome with a creditor through some form of settlement. Wage garnishment allows a creditor to take a portion of your wages to pay debts that you owe. If you are facing a wage garnishment, or your wages are already being garnished, you might be wondering whether you should hire an attorney, challenge the wage garnishment on your own, do nothing, or take some other action. Whether you should hire an attorney or address the garnishment some other way depends on a number of factors. Your Options When Facing a Wage GarnishmentIf you are facing wage garnishment, you might wonder if there is anything you can do to stop it. Sometimes, the best course of action is to do nothing and let your wages be garnished until you have repaid the debt. But other times it might make sense to: How to Object to a Wage GarnishmentIf a creditor is attempting to garnish your wages, you may be able to challenge the garnishment by raising an objection. The procedures you need to follow to object to a wage garnishment depend on the type of debt that the creditor is trying to collect from you, as well as the laws of your state. Contents of the Written Objection Wage Garnishment LawyerWhen you need legal help to stop a wage garnishment, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Can A Lawyer Stop Wage Garnishment? first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Should I Get A Prenuptial Before I Get Married? How Do You Plea Bargain A DUI? Divorce Lawyer North Salt Lake Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/can-a-lawyer-stop-wage-garnishment/ The traditional role of the lawyer is to represent the interests of the client, by advising the client regarding current laws, counseling the client, and managing the legal process for the client. While the lawyer will continue to perform each of these traditional functions in the mediation process, the manner and the context in which those functions are performed will be different. The vital distinction is that mediation is a non-adversarial process, through which each client is encouraged to take responsibility for resolving the dispute outside of the courtroom. A Divorce Lawyer’s Role During Mediation: The divorce lawyer’s role is to assist the client in negotiating for himself or herself, bearing in mind the non-adversarial nature of mediation. The lawyer guides the client in negotiating by encouraging the client to express thoughts and feelings, helping their client define their interests, and helping the client gather necessary information, generate options, and examine consequences. The lawyer can guide the client through settlement discussions whether the lawyer attends the mediation sessions or not. The lawyer may consult with and advise the client before and after the session(s). The lawyer might also advise the client of when it would be wise to request a break in mediation for the opportunity to consult the lawyer for additional information and advice. In some cases, the client and the lawyer may arrange for the lawyer to be available by telephone for consultation while the mediation is being conducted. The lawyer manages the legal process for the client while mediation is being conducted, keeping the client informed of important dates, responding to and filing necessary pleadings, and conducting discovery as is deemed necessary based on the issues presented in each case. A Divorce Lawyer’s Attendance at the Mediation Session(s): The choice of whether the lawyer attends the session(s), as well as the extent of participation by the lawyer, ultimately belongs to the client. The client makes his or her choice after discussion with the lawyer and consideration of the lawyer’s advice. Because the success of the mediation process depends, among other things, upon each client making informed decisions in resolving the dispute, the lawyer’s task at this stage is to enable the client to make an informed decision about these issues. A client suffers no prejudice if he or she chooses to attend mediation without his or her lawyer present. Mediators do not make any findings of fact and do not impose any decisions upon the parties. While mediators may encourage and assist the parties in resolving their dispute, they are prohibited from compelling or coercing the parties into a settlement. In reporting the outcome of the mediation, the mediator shall indicate only the terms of any agreement reached or the fact that no agreement was reached. Mediators should advise each client that they have the opportunity to consult with an independent lawyer and is encouraged to do so. A Divorce Lawyer’s Role After Mediation: The lawyer assists the client in reviewing the terms of any mediated agreement, testing the client’s understanding of the terms, and, arguably most important preparing formal agreements outlining these mediated terms that can subsequently be entered by the court in the form of a Marital Settlement Agreement, Allocation Judgment and/or Judgment for Dissolution of Marriage. The lawyer helps the client finalize the legal process when mediation is concluded, whether mediation resulted in complete, partial or no agreement. If no agreement or only partial agreement has been reached, the lawyer assists the client in continuing the process, which eventually will dispose of the entire case through trial or further settlement efforts. However, it is important to note that because mediation is a voluntary process in which the parties take responsibility for and create their own solutions, the final terms are not enforceable until entered by the court via appropriately drafted and reviewed documents, usually prepared by their individual lawyer. The decision to divorce is never easy, and as anyone who has been through it will tell you, this wrenching, painful experience can leave scars on adults as well as children for years. Before you and your spouse decide to call it quits, consider whether your marriage can be saved. It’s a common belief that women are typically more emotional than men. However, many studies have been done on the subject of who the divorce is harder on, each to discover that divorce is harder on men. In fact, a husband may have much more to lose in terms of both health and happiness in a divorce than his wife. Here’s Why Divorce is Harder on Men than Women – Men Skip the Grieving Process. Divorce is one of the most stressful things that can happen in life and only more stressful than the death of a close friend or family member. The person you are losing in the case of marriage dissolution has been your partner and in your life for a long time and grief is a natural feeling. When men skip the grieving period, they feel at a loss, as their plans are derailed, goals and dreams are changed, and the life plan will differ substantially. Women take time to grieve, which is a healthy emotion and much needed to move on. Women will also seek professional help or help from family members when they divorce to aid in their emotional state. When men bottle up their emotions, it can result in massive depression and anxiety. Men experience more health problems in the process and after a divorce. The most common health problems include weight fluctuations, depression, anxiety, and insomnia. Men also have the added stress of handling all the finances and identity loss, which makes them much more susceptible to both stroke and heart disease. Men are also more likely to self-medicate with alcohol and drugs than women are instead of seeking therapy as women do in stressful times. When married, wives usually try to encourage healthy behaviors of their spouses. This can make men more dependent on the women. When men are depressed, they talk to their wives, whereas when women are depressed, they often choose to speak with a professional, friend or family member. Men are just not accustomed to seeking out emotional support from others that aren’t their spouse. Men Rush Into New Relationships How Men Can Get Their Lives Back After Divorce Divorce LawyerWhen you need a divorce in Utah, please call the divorce lawyers at Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Why Is Divorce So Hard? first appeared on Michael Anderson.
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How Do I Stop A Garnishment In Utah? What Constitutes A Legal Will? Spousal Elective Share In Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/why-is-divorce-so-hard/ Utah Criminal Code 76-5-107: Threat Of Violence–Penalty1. A person commits a threat of violence if: Terms Used In Utah Code 76-5-107• Act: means a voluntary bodily movement and includes speech. When most people think about crime, it’s violent crimes that quickly come to mind. You don’t have to know a lot about the law to know that violent crimes are the most serious criminal offenses possible. These are crimes that involve one person physically harming another, crimes that involve violence or threatened violence, as well as crimes with weapons or actions that endanger someone else’s life or safety. Felonies or MisdemeanorsCrimes are classified in terms of their severity as either felonies or misdemeanors. Misdemeanors are considered a less serious type of crime and they come with less serious consequences. Felonies are the most significant type of crime, and have more serious penalties associated with them. What differentiates a felony from a misdemeanor depends upon how a law classifies it. Typically, violent crimes fall into the category of felonies, though there are some that may constitute misdemeanors, depending on the circumstances of the case and the details of state law. Examples – There are a number of felony violent crimes, all of which have different potential penalties. The most common of these are criminal homicides, including murder and manslaughter; robbery, rape or sexual assault, battery and domestic violence, as well as kidnapping or false imprisonment. Some of these crimes can be charged as felonies or misdemeanors, while others, such as murder, are always felony offenses. • Prison: Incarceration is a common penalty for those convicted of a violent felony. Felony offenses always have a potential prison sentence of a year or more in jail. Depending on the particular crime involved, a conviction for violent felony could result in a sentence of years, decades, or even life in prison. Domestic Violence in the Presence of a ChildIn some states, people may be charged with an additional offense (besides the underlying violent act) where a child witnesses the commission of the act. In Utah, for example, a defendant is guilty of child abuse where a child is present during the defendant’s infliction of serious bodily injury against a person with whom the defendant cohabitates. Some states have created separate statutes that specifically apply to acts of violence committed among persons in domestic relationships, while other states treat domestic violence as an aggravating factor that triggers increased penalties for defendants convicted of the underlying violent act (for example, battery). Being charged with a violent felony is always a serious situation. State laws are particularly strict when it comes to violent crime. Your life can be permanently changed even if you are only investigated for one of these crimes and never charged or convicted. You need to seek out an experienced criminal defense attorney in your area immediately upon learning that you are being investigated for or have been charged with any violent offense. Even speaking to the police without the presence of an attorney can seriously damage your case and permanently change the course of your life. Local attorneys will be able to guide you through the criminal justice process because they are experienced with the laws, judges, prosecutors, and police in your area. Criminal Defense LawyerWhen you need legal help for criminal defense in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Utah Criminal Code 76-5-107 first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Hotel Owners Workers Compensation Claims How Do I Stop A Garnishment In Utah? Divorce Lawyer Farmington Utah How Long Do They Keep You In Jail For A DUI? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-criminal-code-76-5-107/ |
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