The amount of confusion immediately following a truck crash can be great. You’ll want to make sure the police and any necessary emergency workers are called immediately to assist with any injuries or burns. The police will take extensive notes, statements from all the involved parties and any witnesses, and take photos as part of their accident report. If possible, you will also want to document as much as you can, including witness statements. If your phone’s camera is working, be sure to take as many pictures as possible of the damage to your vehicle and any injuries you and any other passengers sustained. Doing so can help you ensure that anything the police missed is still documented. What Are The Leading Causes of Truck Accidents?• Driver Error – Despite the increased size and impact of truck accidents, truck drivers often drive recklessly. They often drive drowsy to reach mileage goals set by their companies and may be operating their truck while under the influence or while distracted. How Truck Accidents Are Different From Car AccidentsCommercial freight trucks (or ‘big rigs’) tend to weigh 80,000 pounds or more, twenty times the weight of passenger cars. Despite regulations that exist to ensure truck drivers do not drive more than ten hours per day, they are often given financial incentives for traveling large distances faster, which can directly impinge upon other drivers’ safety. • Increased Property Damage – As noted above, the weight and overall size of an 18-wheeler commercial freight truck are much larger than that of a typical vehicle. That means that any surrounding property is going to be affected much more than in a crash involving two cars. Types of truck accident lawsuitsNegligence: Lawsuits filed to recover compensation for injuries sustained in a truck accident will often be based on the truck driver’s negligence. Some common indications of negligence include: Product Liability: If a defect in the truck or one of its components contributed to the accident, there may be a viable claim against the product manufacturer(s). Product liability lawsuits based on manufacturer’s negligence will require the injured party to show: What Will My Truck Attorney Do To Help Me?Following a crash, the trucking company and their insurance company will start an immediate investigation of the scene. They may record statements from witnesses, take photos of the accident scene, and examine the vehicles to determine the extent of damage caused by the crash. State authorities may also launch their own investigation into the accident, which may prove beneficial for your claim. Lawyer may record statements from witnesses, take photos of the accident scene, and examine the vehicles to determine the extent of damage caused by the crash. These steps include: How Negligence is Established Following a Truck AccidentIf you or a loved one were injured by a commercial truck driver and you wish to pursue legal action to receive the compensation you deserve, you will have to prove negligence on the part of the truck driver and any other parties you believe are responsible. To establish that the accident resulted due to negligence, your lawyer will establish the parameters of the truck driver’s duty of care and demonstrate that there was a breach of that duty that led to your injuries and related damages. A few common examples of negligence for truck drivers include texting while driving, speeding, running a red light or stop sign, and falling asleep at the wheel Due to the high-risk nature of truck drivers’ work, the Federal Motor Carrier Safety Administration (FMCSA) regulations stipulate drivers must adhere to the following regulations: How Compensation is Determined Following a Truck AccidentLike other personal injury lawsuits, the types of compensation available to those affected as the result of an accident involving a truck falls into two categories: economic damages and non-economic damages. Compensation involving economic truck accident damages serves to cover the specific monetary costs, including the following: • Lost Wages: Compensation for the wages lost between the time of injury and the conclusion of the lawsuit. Suing When You May Be Partially At FaultYou may be able to sue for compensation for your injuries even if you were partially responsible for the accident. In states that follow the comparative negligence theory, the fault for the accident is allocated to each party according to how much their behavior contributed as a cause of the accident. Experienced truck accident lawyers will be informed about the negligence theory applicable in your state or the state the truck accident occurred. Determining Who All the Responsible Parties AreOften, people who are involved in truck accidents don’t know the identities of all of the potentially responsible parties, or defendants. It’s crucial that you discover every party that could be held responsible for your injuries, so you can pursue compensation before the statute of limitations to do so passes. The most obviously responsible parties are the drivers of the vehicles that were involved in the accident. However, there can be many other parties involved in a truck accident that are not immediately obvious, such as: While many people seeking compensation for a truck accident will opt to file suit in a court of law, there are other options available that may be more suitable depending on the situation. Many cases are settled out of court or handled in a mediation or arbitration. There are benefits for each of these strategies, and deciding on the proper course of action can be confusing and stressful. An attorney with truck accident case experience will be able to explain the various options and help you determine which choice provides you with the best outcome. Trucking LawyerWhen you need legal help from a Truck Attorney 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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Business And Corporate Agreement Lawyer Do You Need An Attorney To Settle An Estate? Can You Claim A Garnishment On Your Taxes? What Does A Probate Attorney Do For You? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/truck-lawyer/
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Alimony (also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, and Canada), spousal support (U.S., Canada) and spouse maintenance (Australia)) is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The Beginning of the History of AlimonyThe Code of Hammurabi (1754 BC) declares that a man must provide sustenance to a woman who has borne him children, so that she can raise them: If a man wish to separate from a woman who has borne him children, or from his wife who has borne him children: then he shall give that wife her dowry, and a part of the usufruct of field, garden, and property, so that she can rear her children. When she has brought up her children, a portion of all that is given to the children, equal as that of one son, shall be given to her. She may then marry the man of her heart. Alimony is also discussed in the Code of Justinian.The modern concept of alimony is derived from English ecclesiastical courts that awarded alimony in cases of separation and divorce. Alimony pendent lite was given until the divorce decree, based on the husband’s duty to support the wife during a marriage that still continued. Post-divorce or permanent alimony was also based on the notion that the marriage continued, as ecclesiastical courts could only award a divorce a Mensa ET thoron, similar to a legal separation today. As divorce did not end the marriage, the husband’s duty to support his wife remained intact. Supreme Court On AlimonyIn the 1970s, the United States Supreme Court ruled against gender bias in alimony awards and, according to the U.S. Census Bureau, the percentage of alimony recipients who are male rose from 2.4% in 2001 to 3.6% in 2006. In states like Massachusetts and Louisiana, the salaries of new spouses may be used in determining the alimony paid to the previous partners. Most recently, in several high-profile divorces, women such as Britney Spears, Victoria Principal, and Jessica Simpson have paid multimillion-dollar settlements in lieu of alimony to ex-husbands. According to divorce lawyers, aggressive pursuit of spousal support by men is becoming more common, as the stigma associated with asking for alimony fades. Alimony: What Do I Need to Know Before Divorce?If you’re facing a divorce, you’ll have to face reality: Alimony payments—also known in some states as “spousal support” or “maintenance”—are alive and well in the American divorce system. And if you earn substantially more money than a spouse to whom you have been married for several years, there is a good chance you will be ordered to pay some alimony. On the other hand, alimony generally isn’t awarded for short marriages or where you and your spouse earn close to the same amount. If alimony is ordered, you will generally have to pay a specified amount each month until: Can Spousal Support be modified?Spousal support orders that are issued by the court are final and enforceable by law. However, they can sometimes be altered due to unique or special circumstances that become present later on. An example of this is where the spouse receiving support payments begins cohabiting with another partner who begins supporting them financially. Another example is where one party is experiencing extreme hardship. Spousal support can also be terminated for various reasons. How Is Spousal Support Awarded?Spousal support is usually ordered after a divorce when either the spouse mutually agree on the payments or when the judge looks at all the relevant factors and decides that alimony or spousal support is necessary to support one spouse. Spousal support is generally awarded to a spouse who has been out of work during the marriage or makes a lower income and needs the support of the other husband even after the divorce. What Are the Requirements for Spousal Support?There are several requirements in order to satisfy for payments to be considered spousal support: If you expect to pay alimonyThe fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but—for reasons you didn’t anticipate—didn’t. Alimony has been the law for more than 100 years, and while it is ordered somewhat less frequently these days, there is no sign that courts are going to stop making alimony orders for good. If you expect to receive alimonyThe question of whether you qualify for alimony is usually resolved by looking at your capacity to earn—which is not necessarily what you are earning at the time you go to court—how much your spouse earns, and your standard of living during the marriage. Taxes and Alimony RecordsFor now, alimony is tax-deductible for the paying spouse and constitutes taxable income for the supported spouse. This is one of many reasons that it’s important to keep adequate records if you’re paying or receiving alimony. Note that under the 2017 Republican Tax Bill, beginning January 1, 2019, individuals paying alimony will no longer be able to deduct their payments for tax purposes, and supported spouses won’t have to include alimony in their gross income. Other Things To Keep In Mind Regarding AlimonyThe person paying alimony should keep: The spouse receiving support should make a list that shows each payment received. Include the following information: 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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Workouts And Dispute Resolution How Much Cash Can You Keep When Filing Chapter 7? Business And Corporate Agreement Lawyer Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/history-of-alimony/ A corporation is a legal entity created through the laws of its state of incorporation. Individual states make laws relating to the creation, organization and dissolution of corporations. The law treats a corporation as a legal person that has the standing to sue and be sued, and is distinct from its stockholders. The legal independence of a corporation prevents shareholders from being personally liable for corporate debts. The legal person status of corporations gives the business perpetual life; the death (or, in today’s climate, discrediting) of an official or a major stockholder does not alter the corporation’s structure, even if it affects the stock price. Mergers And Acquisitions AttorneyOne major corporate practice area is mergers and acquisitions. Through acquiring (buying) or merging with another company, a business might add property, production facilities or a brand name. A merger or acquisition might also work to neutralize a competitor in the same field. Typically, to evaluate a proposed venture, a team of corporate lawyers reviews all of the company’s key assets and liabilities, such as financial statements, employment agreements, real estate holdings, intellectual property holdings and any current, pending or likely litigation. This is called due diligence. The lawyer can then assess the situation and raise specific issues with the client. Lawyers consult with their clients on these questions, and together attorney and client determine which parties should accept current or potential liabilities. The lawyers then draft the merger or acquisition agreement and negotiate in detail the terms of each party’s rights, responsibilities and liabilities. Venture Capital LawyerIn a venture capital practice, a lawyer works on private and public financings and day-to-day counseling. This means that he or she helps new businesses find money for their ventures, organizes their operations, and maintains their legal and business structures after formation. In venture capital, as in any corporate law position dealing with emerging companies, lawyers help build and expand businesses. Their responsibilities can include general corporate work, like drafting articles of incorporation and other documents, as well as technology licensing, financing, and mergers and acquisitions. Some lawyers find this type of work less confrontational than merger practice because the client is working with other parties toward a common goal. Sometimes, in mergers and acquisitions, the parties see the process as a zero-sum game in which each must get the best deal no matter how it may affect future relations with the other company. This is especially the case in hostile takeovers. Utah Attorney for Project FinanceThe development and construction of power plants, oil refineries, industrial plants, pipelines, mines, telecommunications networks and facilities, and transportation systems involve the cooperation of many different entities, many different lawyers and extremely large sums of money. Project finance attorneys specialize in these deals. They form a project entity, a corporation, partnership or other legal entity that will exist for the term of the project, and they draft power purchase agreements and construction contracts, and negotiate financial terms with lenders and investors. Salt Lake City Corporate Securities LawyerSome corporate lawyers specialize in securities law. On a federal level, the Securities Act of 1933 requires companies that sell securities to the public to register with the federal government. Corporations must follow certain protocols regarding the disclosure of information to shareholders and investors depending on the size of the corporation and the type of investor. If shares of a company’s stock are traded on a public stock exchange, the company has to file detailed reports with the Securities and Exchange Commission and distribute parts of those reports (the prospectus) to shareholders. The Securities Act of 1934 addresses the obligations of companies traded on a national stock exchange. To ensure the companies remain in accordance with these laws, corporate attorneys prepare reports for initial public offerings, yearly and quarterly disclosures, and special disclosures whenever something happens that might affect the price of the stock, like impending litigation, government investigation or disappointing financial results. Even if you don’t specialize in corporate securities law, the issuance of stock and the creation and distribution of the reports are subject to a whole host of rules with which corporate lawyers must be familiar. Sandy Utah Business Agreement AttorneysGenerally, business law refers to the rules that govern commercial interactions between persons or other certified entities. These rules can come from legislation, common law rulings, or agreements made through international conventions or treaties. Most business laws either regulate entity behavior (for example, bankruptcy and taxation), or regulate transactions between different entities. But one of the unique things about business interactions is the importance and prevalence of contractual agreements between commercial entities. This is often known as a business to business commerce agreement, or more simply, a business agreement. General business agreements can control any number of commercial interactions such as purchasing goods from a manufacturer, purchasing goods produced by others, or purchasing services from another entity. Some Common Business Agreements Utah Lawyers Can Assist You With• Ownership Agreements: Can also be called partnership, founder, operating, or shareholders agreements depending on what type of entity is being formed. They detail the rights and responsibilities of owners and partners as well as basic company operation details and what happens if an owner leaves or the entity is dissolved. Some Specialties of a Business Lawyer• Writing a business plan to represent to potential investors. Specialties of a Corporate Lawyer• You may need a corporate lawyer if you want to incorporate your business or you have already incorporated, and you need further advice. Business Lawyer vs. Corporate LawyerOne of the significant differences between corporate and business lawyers is that corporate law tends to provide guidelines in purchases and selling of items, who are savvy in the sometimes bureaucratic process of selling services in an international market. Corporate law affects businesses significantly, with many companies involved in legal troubles due to a breach of a corporate mandate. In business law, lawyers cover areas such as employment and taxes. 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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Workouts And Dispute Resolution Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/business-and-corporate-agreement-lawyer/ Annulment – An order which nullifies a marriage, or declares that no marriage ever existed. Also called declaration of invalidity or declaration of nullity Marriage Annulment LawyerAn annulment is a court order which nullifies a marriage, or declares that no marriage ever existed. A marriage can end through death of one of the parties, divorce or annulment. An Annulment occurs when a court declares the marriage to be void or voidable. In both cases, the court can declare the marriage as at an end. When can a marriage be annulled as void?Technically, because void marriages were never legal to begin with, there is no need for a formal annulment. The parties can simply walk away from the marriage and get on with their lives. It makes more sense, however, to obtain a formal declaration of annulment to avoid any future legal problems. A court will set aside a marriage as void in any of the following circumstances: • An annulment vitiates all interfamily ties as though they never existed. Why Would You Get an Annulment Instead of a Divorce?An advantage to having a legally annulled marriage as opposed to a church-based religious annulment, which is something entirely different is that if you get an annulment, it’s as if you were never married. The marriage ends as if it never existed and, in some states, property is not divided. If there are children of the marriage and significant property, your state may require division of property and a custody determination. You’ll want to check to see if your state requires this. If you’re making more money than your spouse, you may want an annulment because there’s usually no alimony in an annulled marriage. Your spouse, however, could be awarded temporary alimony during the annulment process. If you’d rather not say you’re divorced, which is still a stigma in certain religions, you may want to get your marriage annulled. You still, however, must have grounds for annulment. Luckily, even if you get an annulment, any children of the marriage are still legitimate, and your children’s father is still the legal father. Utah Grounds for AnnulmentTo have a marriage annulled, you’ll have to prove one of the grounds for annulment. If none of these grounds exist, then you can’t have the marriage annulled. The annulment requirements in most states mean you must show one of the following: Cost of Annulment in UtahThe marriage annulment cost is often less than a divorce unless your spouse contests the annulment. If so, like a divorce, the cost will increase because there will be additional court appearances. Costs are always changing, as are filing fees, but you can often get your marriage annulled for a few hundred to a few thousand dollars. Do You Need to Have a Hearing to Get an Annulled Marriage?In some states, if your spouse agrees to an annulment, you may not have to go to court. An annulment in Utah, however, usually requires a hearing. How to File for an Annulment in UtahAfter you’ve hired a lawyer to handle your annulment, you need to make sure you meet the legal requirements to file for annulment in your state. Many states have residency requirements that must be met in order to file for an annulment or divorce. Next, you’ll need to make sure that you meet your state’s legal requirements for granting an annulment. The exact requirements will vary from state to state, but in general, you may receive an annulment if: After you’ve confirmed that you meet the criteria for annulment, you’ll need to complete the forms requesting the official annulment of your marriage. These free annulment forms are available from the family court in your area, though you may still want an attorney to help you draw up a plan detailing how you’ll divide your property, handle custody of your children and whether either spouse will receive alimony. (If you can’t come to an agreement on property and children, you’ll have to hash out those issues in front of a judge.) Once you’ve completed the forms and the plan detailing the terms of your annulment, you’ll submit them–along with the necessary fees–to the local family court. After you’ve filed the forms and the terms of your annulment, you’ll then have to attend a hearing before a judge who will review the information. If the judge rejects it, you’ll have to make changes as outlined by the judge and get judicial approvals at a new hearing. Assuming the judge agrees with your file, your marriage will be annulled. How Is Annulment Different To Divorce? Whether you decide to annul your marriage or whether you want the marriage dissolved through the process of divorce, you are not permitted to remarry until the legal process ends. This means you should not try to get married again until the annulment order becomes final or until the divorce order becomes final. What Happens When an Annulment is Granted?Annulled marriages are regarded as though they never existed. Therefore, courts faced with how to divide assets in an annulment situation attempt try to leave the couple in the same financial it was in before the marriage ever happened. This means that if the parties did not have any marital assets, the parties will each be left with whatever money or property they brought to the marriage with them on their own. Sometimes, couples obtain shared property or assets before the annulment. Courts must decide how the property should be divided. Generally, courts divide shared property, and shared debt, on an equitable basis, or equitably. In equitably dividing assets and debt, courts look at the facts and circumstances in each case. Courts attempt to reach an equitable, or fair, resolution. A fair resolution for both parties involves taking each parties’ specific needs (including financial needs) and circumstances into account. Generally, children born to a couple whose marriage is later annulled are considered legitimate. In other words, after the annulment, both parties to the annulled marriage are the legal parents of a child, just as they would be had the marriage ended in divorce. If, upon annulment, there are child support and child custody issues, courts will generally apply the state’s laws regarding divorced couple child support and custody issues. Generally, there is no period of time (e.g., three years, ten years) after the marriage by which an annulment must be sought. Practical considerations, however, might make obtaining an annulment earlier, rather than later, a prudent idea. The longer a party or couple waits or decides to request an annulment, the more complicated it becomes for a court to equitably divide assets and work out child custody and support issues. A party who brings an action for annulment later rather than sooner may have a harder time presenting evidence. This is because, among other reasons, memories fade, details are forgotten, and witnesses may die or become unavailable, with the passage of time. Also, many people seek an annulment to escape a social or religious stigma of divorce. Delay or wait in obtaining an annulment is, in effect, a delay in a person’s ability to remarry, whether they wish to do so consistently with their faith or for other reasons unique to the individual. Utah Annulment LawyerWhen you need help to get an annulment 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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Do Borrowers Have A Right To Modification Prior To Foreclosure? What Is The Average Cost Of A Probate Lawyer? Workouts And Dispute Resolution Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/lawyers-annulment/ Dispute resolution is a term that refers to a number of processes that can be used to resolve a conflict, dispute or claim. Dispute resolution may also be referred to as alternative dispute resolution, appropriate dispute resolution, or ADR for short. Dispute resolution processes are alternatives to having a court (state or federal judge or jury) decide the dispute in a trial or other institutions decide the resolution of the case or contract. Dispute resolution processes can be used to resolve any type of dispute including family, neighborhood, employment, business, housing, personal injury, consumer, and environmental disputes. In addition, the United States Federal Government utilizes dispute resolution processes to assist government employees and private citizens resolve complaints and disputes in many areas including workplace, employment, and contracting matters. Why Use Dispute Resolution?Dispute resolution processes have several advantages. For instance, many dispute resolution processes are cheaper and faster than the traditional legal process. Certain processes can provide the parties involved with greater participation in reaching a solution, as well as more control over the outcome of the dispute. In addition, dispute resolution processes are less formal and have more flexible rules than the trial court. In many processes, you are not required to have an attorney to participate. In cases where the court or judge has referred the case to a dispute resolution process, attorneys often participate. The role of an attorney in a dispute resolution process varies depending upon the nature of the dispute and the type of dispute resolution process. In many dispute resolution processes, attorneys accompany their clients and participate either as counselors or as advocates. First, it is not the most effective way to resolve some kinds of disputes. Second, it can be made more effective for most kinds of disputes by borrowing certain of the non-adversarial features of other forms of dispute resolution. Third, from both the societal and the individual perspective, we may no longer be able to afford it in its undiluted form. Alternatives to traditional litigation have been around for many years, but Alternative Dispute Resolution (ADR) as a formal technique and an accepted business practice emerged in the 1970s. There are huge amounts of paperwork involved in litigation from disclosure documents to preparing trial bundles that run into many files. It is imperative that the solicitor is organized because nothing can be lost or overlooked as it could be detrimental to the case. Litigation is extremely procedural and there are very important court deadlines that must not be missed otherwise your client’s claim or defense could be struck out. Litigators generally keep comprehensive diaries to ensure that all deadlines are met. Solicitors need to be succinct and coherent in both written and oral communication. They must be able to communicate with the court, clients, barristers and their opposing number. Court is generally the last resort and there will have been at least some pre-issue correspondence between the opposing parties. The ability to be persuasive when communicating is another extremely relevant skill as this could help your client settle a claim. Having an interest in the world of business and finance is a pre-requisite for this area of law. The solicitor needs to know their client and their client’s business in order to give sound commercial advice. Litigation clients are generally busy people and organizations and they don’t want to read letters that are three pages long and refer to statutes and case law. Clients want to know that their solicitor will either help them resolve a problem or avoid it altogether by using their commercial knowledge. Types of Dispute ResolutionMediation: Mediation is a voluntary process in which an impartial person (the mediator) helps with communication and promotes reconciliation between the parties which will allow them to reach a mutually acceptable agreement. Mediation often is the next step if negotiation proves unsuccessful. The ProcessThe mediator manages the process and helps facilitate negotiation between the parties. A mediator does not make a decision nor force an agreement. The parties directly participate and are responsible for negotiating their own settlement or agreement. At the beginning of the mediation session, the mediator will describe the process and the ground rules. The parties or their attorneys have an opportunity to explain their view of the dispute. Mediation helps each side better understand the other’s point of view. Sometimes the mediator will meet separately with each side. Separate caucusing can help address emotional and factual issues as well as allow time for receiving legal advice from your attorney. Mediations are generally held in the office of the mediator or other agreed location. Attorneys and other professionals provide private mediation for a fee. If you have an attorney, you can work together to select a mediator of your choice. You may want a mediator who is knowledgeable about the subject matter of your dispute. You may wish to use a for-fee mediator in the first instance or if Early Settlement mediation has not resulted in a resolution of your dispute. You may also find mediators or mediation services listed in the telephone directory or available on lists provided by some courts or private professional organizations. When selecting a mediator, you should always check their credentials and get references. Mediators qualified under the District Court Mediation Act or certified pursuant to the Dispute Resolution Act meet statutory standards of training and experience. You may also find mediation in our state and federal court systems called court-sponsored mediation. Generally you and your attorney may select a private mediator or choose a public service. Fees may apply. Judges are frequently referring cases to settlement procedures such as mediation to help litigants resolve their disputes in less time and with less cost than litigation and trial. Process of ArbitrationArbitration is typically an out-of-court method for resolving a dispute. The arbitrator controls the process, will listen to both sides and make a decision. Like a trial, only one side will prevail. Unlike a trial, appeal rights are limited. In a more formal setting, the arbitrator will conduct a hearing where all of the parties present evidence through documents, exhibits and testimony. The parties may agree to, in some instances, establish their own procedure; or an administrating organization may provide procedures. There can be either one arbitrator or a panel of three arbitrators. An arbitration hearing is usually held in offices or other meeting rooms. The result can be binding if all parties have previously agreed to be bound by the decision. In that case, the right to appeal the arbitrator’s decision is very limited. An arbitrator’s award can be reduced to judgment in a court and thus be enforceable. In nonbinding arbitration, a decision may become final if all parties agree to accept it or it may serve to help you evaluate the case and be a starting point for settlement talks. A common use of arbitration is in the area of labor disputes between fire fighters and the city in wage disputes, for example. You will usually be represented by an attorney in arbitration. Many contracts have clauses which require that disputes arising out of that contract be arbitrated. You may have seen such a provision when you applied for a credit card or opened a retirement account or other account with a stock broker. You may want to explore using this process if you and the other side agree that the problem needs to have someone make a decision but you do not want the expense of going through the court process. If you agree to arbitrate or sign a contract with an arbitration clause, you should understand that the arbitrator may make the final decision and that you may be waiving your right to a trial in court. Many attorneys, other professionals or professional associations offer their services as arbitrators. Typically your attorney will select the arbitrator based upon the particular type of the dispute. In complex and highly technical cases, often an arbitrator who is knowledgeable in that field is chosen. Usually fees are charged. The Litigation ProcessLitigation is begun by filing a lawsuit in a court. Specific rules of procedure, discovery and presentation of evidence must be followed. The attorney for the other side will want to take your deposition to learn more about the facts as you see them and your position in the case. There can be a number of court appearances by you and/or your lawyer. If the parties cannot agree how to settle the case, either the judge or a jury will decide the dispute for you through a trial. A trial is a formal judicial proceeding allowing full examination and determination of all the issues between the parties with each side presenting its case to either a jury or a judge. The decision is made by applying the facts of the case to the applicable law. That verdict or decision can conclude the litigation process and be enforceable; however, if appropriate, the loser can appeal the decision to a higher court. In some cases, the losing party may have to pay the costs of the lawsuit and may have to pay the other party’s attorney fees. You may be in a municipal court, state district court or a federal court depending on the type of dispute you have and where your attorney files your case or where you get sued. State court trial judges are elected on a nonpartisan ballot, though vacancies are filled through an appointment process from highly qualified applicants. The district courts also appoint special judges, who handle certain kinds of cases, such as small claims and divorces. These judges are selected by the district judges from qualified applicants. If you cannot settle your differences through negotiation, mediation, arbitration or some other means, then you should pursue litigation through the courts with your lawyer. 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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Riverton Utah Divorce Attorney Do Borrowers Have A Right To Modification Prior To Foreclosure? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/workouts-and-dispute-resolution/ Society and policy makers have long struggled with finding effective ways to protect the public from sex offenders. A sex offender is a person who’s been convicted of certain sex crimes, such as sexual assault or sexual conduct with a minor. Because of the seriousness of sex offenses, a number of factors come into play when it comes to sentencing and penalties for sex offenders at both the state and federal levels. The definition of a sex crime differs from jurisdiction to jurisdiction. However, there are core offenses that are common to most jurisdictions, but some states outlaw additional particular acts. The common sex offenses fall into the following categories: Most states have a long list of items that are considered sex offenses. Some of the included items are intuitive and others have been included to address particular problems. More recently, states have begun to define certain behaviors in conjunction with the internet or the electronic transfer of data. In addition to explicit acts, states now make the failure to register as a sex offender or violations of the sex register statutes as sex offenses. Sex Offenses: State vs. Federal LawMost offenses involving criminal sexual conduct fall within the jurisdiction of state law, but federal law also includes a number of sexual offenses. The offenses are found in Title 18 of the United States Code. Some of the federal offenses specifically apply to sexual offenses committed within the territorial jurisdiction of the United States or in a federal prison. Other crimes involve offenders who cross state or international borders to commit, or in the commission, of a sexual offense. Federal sexual offenses focus on offenses involving children, production of prohibited pornography and interstate travel for the purposes of prohibited sexual activity. Some of these statutes include: • Selling or buying of children Sex Offense Penalties and SentencingAs with any criminal offense, the nature, circumstances, and the parties involved control the seriousness of the sentences and penalties that may be imposed. The states vary widely in the length of sentence terms. Any sexual offense involving children or violence will have a harsh sentence. For instance, violations of the federal statutes involving sexual exploitation of children have a minimum sentence of 15 years. Charges of first degree rape or sexual assault will be punished by 15 years to life imprisonment, depending on the state and the circumstances of the crime. Sexual Offender RegistryStates and the Federal government have both established sex offender registries. These are databases of information about convicted sex offenders. They require persons convicted of sex crimes to list themselves on the registry, failing to do so is considered a sex offense. The statutes establishing the registries also have compliance requirements about not living too close to schools and notifying officials when they move. Again, failure to abide by the registry requirements is a sex offense. Who Must Register as a Sex Offender?Typically, an individual who has been convicted of specified sex offenses and offenses against children must register as a sex offender. This registration is done at the law enforcement agency in the city or town where he lives immediately after being released into the community. He usually must re-register every year (sometimes more frequently) and whenever he moves. Failure to register is generally considered its own criminal offense. The information an offender must provide at registration can vary, but may include his name, date of birth, social security number, addresses, photograph, vehicle information, offense information, fingerprints, DNA sample, and more. Some of this information will appear on the sex offender website, but not all will be made available to the public. In some cases, depending on the offense and the jurisdiction, an offender may be required to register with law enforcement, but be able to prevent any information about him from being publicly posted. Similarly, it’s possible in certain circumstances to petition to have one’s name entirely removed from the registry. Registering as a sex offender, typically makes certain information publicly available. The information that is available to view by the public will vary by jurisdiction, but typically includes the following: Risk Levels for Sex Offenders in UtahIn Utah, sex offenders that are required to register with the state are assigned to one of these three primary levels of risk: • Restricted residency. Most states prohibit sex offenders from living within a certain distance of gathering places for children such as parks, schools, daycare centers, and playgrounds. As a result, it may be difficult to find housing that meets all of your requirements while also taking your personal needs into account. The Criminal Appeals ProcessOn appeal, defendants are limited to presenting issues that were raised at trial. That means the appellant can argue on appeal only about issues that were presented at the trial. For example, if a defendant or defendant’s counsel argued unsuccessfully at trial that a witness’s identification should not be admitted because a police officer pressured the witness to identify the defendant, then the defendant can raise the same argument on appeal and ask the appellate court to review the trial judge’s ruling on that evidence. However, a defendant cannot argue in the appeal that he should have been able to present evidence that eyewitness identifications are unreliable if he did not ask the trial judge to allow him to present that kind of evidence. Common issues raised on appeal• rulings by the trial court to allow or not allow certain evidence to be presented Sentencing Requirements & Required Registration For Sex Offenders Sex Offender Lawyer in UtahWhen you need legal help from a Sex Offender Lawyer, 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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Business Agreements And Partnership Agreement Lawyer Riverton Utah Divorce Attorney Family Attorneys In South Jordan Does Chapter 13 Take All Disposable Income? Do Borrowers Have A Right To Modification Prior To Foreclosure? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-sex-offender-lawyer/ A number of mortgage lenders in the US were not loyal to their word and this led to many homeowners losing their houses through foreclosure. Many homeowners in the US want to know if there is anything that can prevent foreclosure. A loan modification can significantly reduce your payment and get rid of any debts you may have. In most cases, your lender is likely to consider revising the initial loan terms and conditions. The debt can be restructured and/or the loan period extended. What is Loan Modification?A loan modification refers to changes made to the initial loan agreement to make it easier for you to make your monthly repayments, offset your debt and keep your home. To qualify for a loan modification, you need to prove that you have a financial hardship or the lender’s mistake caused the loan problem. Your lender can initiate a loan modification for you or you can apply with the government. Some government mortgage plans reduce your interest rate as well as re-amortize your loan on condition that you are current on the mortgage. To qualify for other plans, you may be required to already be late on the mortgage. You should be clear and sure which type of loan mod you want to apply for. Some Loan modifications offered by the US government• HARP (Home Affordable Refinance Program): Allows you to finance your home through nontraditional means. The loan is suitable for homeowners whose properties have decreased in value and they cannot refinance. Many mortgage lending institutions offer loan modification services to homeowners in Utah. The lenders consider homeowners whose ability to repay the loan has been interfered with. To apply for loan modification, you need to fill an application form. A foreclosure lawyer or mitigation expert can guide you on preparing the application. Facts about Loan Modification• A successful loan modification will stop a foreclosure. Applying for a loan modification does not mean that the foreclosure process will immediately stop. Therefore, you cannot usually apply for a loan modification days before the foreclosure sale date. It is, however, evident that a loan modification can indeed prevent a foreclosure. When applying for a loan mod, you will be required to explain to the lender in detail the reason why you are not able to repay the loan. Be honest with your answers because the lender may ask for proof, such as your financial information including bank statements, pay slips, tax returns and so on. Many lenders will approve you for a loan modification if you have hardships like loss of income, medical bills, death in family, illness, reduced income, incarceration, property damage due to vandalism or natural disaster, etc. Getting a loan modification is not guaranteed. If your application was unsuccessful, you may need to find another way of stopping the foreclosure. If you do not want to lose your home, a loan modification is exactly what you need. Hire a loan modification lawyer, organize your house finances and prepare yourself to talk about your financial hardship to the lender. These are the three major things you must do to qualify for a loan modification. Federal Laws That Protect Homeowners during ForeclosureOn January 10, 2014, new federal laws that protect homeowners in the foreclosure process went into effect. These laws protect consumers by: Why the Need for Laws Protecting Homeowners?During the foreclosure crisis that began around 2008, the number of homeowners in financial distress increased exponentially and servicers simply couldn’t keep up with the increased demands for information and assistance. As a result, servicing errors were common and egregious. Now, under federal law, servicers are supposed to work with borrowers who are having trouble making monthly payments. Early Intervention Requirements: Servicer Must Contact the Borrower By Phone (or In Person) and In Writing If a borrower falls behind in payments, a servicer must attempt to contact the borrower to discuss the situation no later than 36 days after the delinquency, and again within 36 days after each subsequent delinquency, even if the servicer previously contacted the borrower. If appropriate, the servicer must tell the borrower about loss mitigation options like a modification, short sale, or deed in lieu of foreclosure that might be available to the borrower. But, if you filed for bankruptcy or asked the servicer to stop communicating with you under to the Fair Debt Collection Practices Act (FDCPA), and the servicer is subject to this law, the servicer doesn’t have to try to contact you by phone or in person. No later than 45 days after missing a payment, the servicer must inform the borrower in writing about loss mitigation options that might be available, and must do so again no later than 45 days after each payment due date so long as the borrower remains delinquent. The servicer does not, however, have to provide the written notice more than once during any 180-day period. If you’ve filed bankruptcy or asked the servicer not to communicate with you, it generally has to send a modified letter, subject to some exceptions. The servicer must assign personnel to help the borrower by the time the borrower falls 45 days delinquent. The personnel should be accessible to the borrower by phone and able to respond to borrower inquiries. When applicable, the servicer’s personnel should help the borrower pursue loss mitigation options, like by advising the borrower about: Restrictions on Dual TrackingFederal law also restricts “dual tracking.” Dual tracking happens when a servicer simultaneously evaluates a borrower for a loan modification (or other loss mitigation option) while at the same time pursuing a foreclosure. Restrictions on Starting Foreclosure In UtahServicers generally can’t start a foreclosure until the loan obligation is more than 120 days delinquent, which provides time for the borrower to submit a loss mitigation application. A borrower is considered delinquent starting on the date a periodic payment sufficient to cover principal, interest, and, applicable, escrow becomes due and unpaid, until such time as no periodic payment is due and unpaid. First Foreclosure Notice Or Filing?In a judicial foreclosure, this means the foreclosing party can’t file a lawsuit in court to start the foreclosure until you’re more than 120 days behind. If the foreclosure is non-judicial, the foreclosing party can’t begin the foreclosure by recording or publishing the first notice until you’re more than 120 days late in payments. If your state’s foreclosure laws don’t require a court filing or any document to be recorded or published as part of the foreclosure process, the first notice is the earliest document that establishes, sets, or schedules a date for a foreclosure sale. Even if a borrower is than 120 days delinquent, if that borrower submits a complete loss mitigation application before the servicer makes the first notice or filing required to initiate a foreclosure process, the servicer can’t start the foreclosure process unless: Applicability of the LawsThese laws apply to mortgage loans that are secured by a property that is the borrower’s principal residence. The determination of principal residence status depends on the specific facts and circumstances regarding the property and applicable state law. For example, a vacant property might still be a borrower’s principal residence under certain circumstances, like when a service member relocates due to permanent change of station orders and was living at the property as his or her principal residence immediately prior to displacement, intends to return to the property at some time in the future, and doesn’t own any other residential property. Foreclosure Defense AttorneySince 2007, nearly 4.2 million people in the United States have lost their homes to foreclosure. By early 2014, that number is expected to climb to 6 million. Historically, the legal process of foreclosure, one that requires a homeowner to return his or her house to a lender after defaulting on a mortgage, has tilted in favor of the banks and lenders who are well-versed in the law and practice of foreclosure. Over the past few years, a growing number of homeowners in the foreclosure process have begun to fight back, by stalling foreclosure proceedings or stopping them altogether. The legal strategy employed by these homeowners is known as foreclosure defense. The simplest way to avoid foreclosure is by modifying the mortgage. In a mortgage modification, the homeowner convinces the lender to renegotiate the terms of the mortgage in order to make the payments more affordable. Getting Help With Your ForeclosureIf you’re having trouble making your mortgage payments, consider submitting a loss mitigation application to your loan servicer. Once submitted, under federal law, the servicer has five days to tell you whether it needs more information so long as you submit the application 45 days or more before a foreclosure sale and, if so, what information it needs. Generally, the servicer is required to evaluate the application for all loss mitigation options within 30 days, as long as you submit the complete application more than 37 days before a foreclosure sale. Also, you may generally appeal a loan modification denial so long as the servicer received the complete loss mitigation application 90 or more days prior to a scheduled foreclosure sale. Remember, the servicer is required to review you for loss mitigation option only once, unless you bring the loan current after submitting your complete application. Lawyer For ForeclosureIf you are facing a foreclosure, 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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Busines Agreements And Partnership Agreement Lawyer Riverton Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/do-borrowers-have-a-right-to-modification-prior-to-foreclosure/ Situated near the southern end of the Salt Lake Valley, Riverton is located on a low plateau west of the Jordan River approximately twenty miles south of Salt Lake City. For most of its history Riverton was an agricultural community, but widespread residential development that began in the late 1960s has largely transformed it into a bedroom community. The earliest area settlers lived in scattered dugouts and primitive log houses bordering the river on the bottomlands. Archibald Gardner was the first person to live in Riverton, and early settlers paid tribute to his pioneering efforts in the mid-1850s by calling the area Gardnersville. The size of the settlement long remained small because water was available for the bottomlands only near the river. Begun in 1870 as a local cooperative undertaking, the South Jordan Canal, when completed in 1876, opened up the benchland to farming and settlement. The community expanded again when the larger Utah and Salt Lake Canal, financed wholly by Salt Lake County, was finished in 1881. Construction of these canals, which are still in use, was undertaken with only basic tools and contracted manual labor. Riverton came under the jurisdiction of the West Jordan Precinct in its early years. In 1867 the settlement politically became part of the South Jordan Precinct. A judicial precinct was established locally in 1879, and the name of the small settlement, boasting little more than a hundred people, was officially changed from Gardnersville to Riverton. Riverton’s residents reflected the predominant religious affiliation characteristic of most rural Utah towns. Much of the cultural, educational, and community life revolved around activities sponsored by the local wards of the Mormon Church. In the early years, Mormons met in the dugouts and log homes of members, often in the home of Nicholas Thomas Silcock, the community’s first branch president (called in 1870). Many of the activities and traditions in the community were initiated in a church setting during years when it was principally an agricultural community. As in other predominantly Mormon Utah communities, there was an overlapping and mixing of ecclesiastical and civic roles and actions. In 1886, with 233 members in thirty-five families, Riverton was organized as a ward with Orrin Porter Miller as its first bishop. Members met in a combination meetinghouse/schoolhouse which had been built in 1879. By 1900 there were 517 members (ninety-two families) and construction was begun on a new meetinghouse. Completed in 1908, this domed structure in the Romanesque style was designed by Richard Kletting and was generally recognized as one of the finest LDS meetinghouses in a rural setting. It was demolished in 1940. Public schools in the community had their beginnings in private homes and in a one-room schoolhouse which was built in 1879. A two-story brick school was built in 1892 on Redwood Road; it served students through the eighth grade. In the mid-1920s a new elementary school and junior high school were constructed on this site. As population increased in the 1970s and 1980s, the Jordan School District constructed additional elementary schools and a middle school within the boundaries of the community. In the decade of the 1890s, farming in Riverton underwent a transformation, shifting from simple farms supplying family needs to commercial farming. This paralleled a similar development in Utah agriculture. Although the farmer normally still owned his land, he specialized in what he grew or raised and used his cash profits to buy most of the things he needed. The local agricultural economy was severely tested during two extended periods of drought–one at the turn of the century and another in the early 1930s. Crops that were grown by commercial farmers in Riverton included alfalfa, sugar beets, tomatoes, and wheat. The livestock industry in Riverton was represented by sheep, dairy cows, and poultry. Commercial production and marketing of these agricultural and livestock products was accomplished through the establishment of various businesses, including an alfalfa feed mill, a canning factory, an egg-processing plant, and a dairy cooperative. A central business district developed which was centered at the intersection of Redwood Road and “Herriman Road” (12,600 South). On the northeast corner of this intersection, a two-story commercial building was constructed by sheepman/developer Daniel Densley in 1893. Several businesses were accommodated on the first level of this building and the upper floor was used for dances, plays, and large community gatherings. Another sizable business was a retail store built by Thomas P. Page about the turn of the century. It was regarded for many years as the largest concern of its kind in the county outside Salt Lake City. The Page-Pixton (later Page-Hansen) store sold everything from building materials, coal, and dry goods to groceries, grain, and housewares. The Jordan Valley Bank was started in 1905 as a community bank. This bank was a casualty of the Great Depression, and many people suffered financially when it closed its doors. For a time, the town also housed many automobile dealerships. Although the move was controversial, in 1946 Riverton incorporated, operating under a town board form of government. The most pressing problems which city officials have dealt with in the latter part of the twentieth century have been those associated with the rapid increase in the city’s population. To illustrate, in 1970 the city had a population of 2,820, a figure which expanded to 11,700 in 1992. This has made a tremendous difference in land use as farmland has been converted to residential use. This change is great in view of the fact that approximately 94 percent of Riverton’s land was agricultural in 1960. Riverton has increasingly become a popular country-style suburb, an inevitable development as a consequence of the Salt Lake Valley’s expanding population. Divorce In Riverton, UtahGetting divorced is often a complicated process that involves heightened emotions. Unfortunately, this causes many people to make rash decisions when it comes time to negotiate a settlement. Imagine ending a marriage that lasted for more than ten years. You and your husband have finally decided that it is time to call it quits. No matter how fast you want to get through the process and get on with the rest of your life, it is important to take the time to make decisions that will benefit you in the future. Specifically, you need to focus on what you want when it comes to dividing the marital property. When going through a divorce, some people rush through the process and give up more than they should while dividing marital property. Expediting the process is not worth risking a future financial bind because you did not fight for what you need to maintain a home for you and your children. Equitable distributionWhile some states use community property laws to dictate property division in a divorce, Utah is an equitable division state. This means that you will not necessarily split your marital property equally. These laws simply require that you and your husband divide your property in a way that is fair to each of you. If the two of you cannot come an agreement, the court will divide the property for you. In general, the court will come close to a 50 percent split for couples that have been married for many years. However, for those with shorter marriages, the court will attempt to return each of you to the financial position you had before your marriage. If you and your husband are able to come to a settlement that you both agree on, the court will still review it to make sure it is a fair arrangement. Separate propertyUsually, couples have some property that is separate from the marital property. This typically includes anything you owned before your marriage as well as gifts or inheritances you received while you were married. Separate property is not subject to division unless it is indistinguishable from marital property. Riverton Utah Marital Property LawsDuring marriage, couples acquire the rights to some of the property and assets, as well as debts, acquired by one or both of them. Marital property doesn’t include things that are considered “separate property” owned by either spouse, for example, property owned before marriage, inheritance, gifts, property specifically excluded by valid prenuptial agreements, and property gained after legally separating. In addition, keep in mind that you are also on the hook still for your separate debts from before marriage. In Utah, marital property is divided “equitably” or fairly, which may not be an even 50-50. Usually for longer marriages, it is about 50% to each party. For short-term marriages, the court generally puts people back to their position before the marriage, such as giving people what they had before the marriage and typically what they made during the marriage. Parties can agree on how they want to divide the property outside of court, but a judge will review it to ensure its fair. Riverton Utah Default/Uncontested ProcessIf you do not respond to your spouse or partner’s petition for divorce or separation or you file a response but reach an agreement, your case will be considered either a “default” or an “uncontested case.” In a “true default” case, you are giving up your right to have any say in your divorce or legal separation case. Before you choose this option, make sure you read the papers your spouse or domestic partner filed very carefully. What your spouse or partner asked for in his or her papers is probably going to be what the court orders. Most people, however, want to take part in the decisions that are going to be made about their future. Whether you decide to not respond but get a written notarized agreement with your spouse/partner or you choose to file a response and reach an agreement with your spouse or domestic partner afterward, you will be involved in the case and will participate in the decisions that are made in your divorce or legal separation. Whether you choose to respond or not to your spouse’s or domestic partner’s petition for divorce or legal separation, you can still work out an agreement. In your agreement, you can both agree to end your marriage or domestic partnership. You can also agree about: Riverton Utah LawyerWhen you need legal help in Riverton 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 Can I Stop A Garnishment Immediately? Can I Quit My Job To Avoid Wage Garnishment? Business Agreements And Partnership Agreement Lawyer Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/riverton-utah-divorce-attorney/ Partnerships remain one of the most straightforward and easiest business structures available to partners who want to work together to make their business a success. Partnerships require minimal paperwork and bureaucracy, and they rarely require public filings. Still, formation is an important step for partnerships, just like it would be for any business. This cannot be done without a well-drafted partnership agreement. If you are looking to start your own partnership, a partnership lawyer can help you draft the best possible partnership agreement for your needs. An attorney can help you decide whether a limited liability partnership, a limited partnership or general partnership is right for your needs and help you draft the necessary documentation quickly. When you start a business as a partnership, a partnership agreement governs its operations. A partnership agreement, or partnership contract as it is sometimes called, is simply a legal document that that establishes the terms of the partnership, as well as the roles and responsibilities of the partners. Partnership agreements serve as the governing documents of any registered partnership, and they establish the rights and responsibilities of each partner, as well as the rules on how the business should be run on a daily basis or in the event of a business crisis, such as the death of a partner or dissolution of the partnership. While most partnership agreements will be fairly similar and should require the same types of clauses and provisions, there will be some variation depending on the type of partnership. There are three basic types of partnerships available to small businesses in Utah: • Partners’ authority: Partnership authority, also known as binding power, should be defined within the partnership agreement. The ability to bind the business to a debt or a contractual agreement can expose the business to unnecessary risk, which is why the partnership agreement should explicitly state which partner(s) have binding authority. Uniform Partnership ActNot all partnerships operate under partnership agreements. Some simply operate under an oral agreement. These partnerships are governed by state law and the Uniform Partnership Act. The Uniform Partnership Act defines defaults applied by the states to operations and disputes involving partnerships. While strictly speaking there is nothing wrong with operating according to the Uniform Partnership Act alone, conducting business without the protection of a partnership agreement often leads to unexpected, even costly, outcomes for businesses. It is always best to ensure that you have full control over how your business operates by using a partnership agreement. Key Terms and Provisions in Partnership AgreementsAlthough every partnership agreement will differ slightly, all partnership agreements must address certain issues through the following key terms and provisions. How to Make a Partnership Agreement Legally Binding?A legally binding partnership, however, requires that each partner is assigned specific roles and responsibilities, financial expectations, and future planning expectations for the business. The partnership should also have an agreement as to handling the exit of one of the business partners. Limited liability partnerships should always be registered to take full advantage of the benefits they offer. The legal requirements for forming a partnership are not as strict as those for forming a business. In fact, legal documents are not always needed to form a legally recognized partnership. Instead, a legally binding partnership is created as soon as two separate individuals begin doing work roles together. In most cases, this is enough to create a partnership. However, it is important to take the necessary steps to protect everyone involved in the partnership. Partnerships are regulated by state law in the state of the business or partnership. It is important to understand the specific laws regarding partnership in your state, as some states do require registration of the partnership. Some states also require business permits, licenses, and other official documents. General Business PartnershipsThe simplest structure is a general business partnership – typically formed by sole traders who decide to join forces. A business partnership doesn’t have legal status. It’s a straightforward business agreement between two or more people who want to work together. The only legal requirement is that the partnership is registered with HMRC and each partner registers for self-assessment and completes a separate tax return. All the business’s profits can be divided between partners with each partner paying tax on their share. Each partner is personally liable for any losses the business makes. This means that if your partner can’t pay, you’ll be liable for their share of the business debts, which could see your home or other assets at risk. Advantages Of A Business Partnership• Flexibility and Support: Running a business with a partner means mutual support and the business won’t suffer if one partner is sick. Limited PartnershipsA limited partnership is more formal than a general business partnership. It has one general partner, and one or more limited partners. Unlike the general partner, the limited partner isn’t involved in the day-to-day running of the business and has personal asset protection against debts limited to any money in the business. The general partner has unlimited liability, and their personal assets are on the line if the business cannot pay its debts. The limited partner only gets their profits after the general partner has received their share. Limited partnerships are useful for short term projects, such as a media production, where limited partners invest but the general partner retains day-to-day control. Advantages Of A Limited Partnership• Managerial Freedom: The general partner can get on with running the business without having to get agreement from limited partners. Disadvantages Of A Limited Partnership• Liability: The general partner has unlimited liability for losses and debts. Advantages Of A Limited Liability Partnership• Protected Assets: Partner assets are protected to the money in the business. 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
The post Business Agreements And Partnership Agreement Lawyer first appeared on Michael Anderson.
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What Are The Six Stages Of Divorce? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/business-agreements-and-partnership-agreement-lawyer/ Uncontested Divorce in Sandy, Utah – Divorce can be devastating; however, uncontested divorces are often less overwhelming to your finances and sanity than contested ones. Your divorce does not have to become a soap opera. Sandy Utah’s uncontested divorce process allows spouses to reach an agreement on their own and avoid the stress and anxiety associated with completing a divorce trial before a judge. The uncontested process can be relatively quick, and certainly less expensive than taking a divorce to trial. Uncontested divorces (sometimes called “quickie divorces) are an option available to divorcing Sandy Utah couples with or without children. Typically, an uncontested divorce is generally less expensive and faster than traditional divorces because you avoid the expense of attorneys, custody evaluations, and hiring experts for trial. If you and your spouse can agree on all issues regarding your divorce, including child custody, visitation, and support, then an uncontested divorce is a real option. However, if you and your spouse have unresolved divorce-related issues, then the court will require you to go through the traditional “contested” divorce process where the judge will resolve the disputed issues for you. Before you can request an uncontested divorce in Sandy Utah, you and your spouse must agree on all the following divorce-related topics: If you meet all of the above criteria, you may proceed with your uncontested divorce by filing the required forms. If you plan to file for divorce without the help of an attorney, the court expects you to submit the required paperwork in the right court. If you bring your divorce papers to the wrong court, you risk the judge dismissing your case, and you will have to re-file in the proper location. Utah’s district courts oversee divorce cases and trials. Utah has approximately 70 judges serving in the state’s eight judicial districts. Typically, you’ll submit your divorce paperwork to the court in the county where you live. If you and your spouse have separated but still reside in Utah, you can file in your county or where your spouse has lived for the past 3 months. The required paperwork to complete a divorce in Sandy Utah may vary in your particular county. Check with your local court clerk for more information and to determine whether you need to file additional forms. It’s important to understand that if you don’t complete all the required documents, the court won’t accept your case until you do. How Much Does it Cost to File for Divorce in Sandy Utah?The cost to file for a divorce in Utah varies depending on the type of case your filing, the fees for serving your spouse with paperwork, attorney fees, and more. You can contact your local courthouse to determine the filing fee for divorce paperwork. If you can’t afford to pay the filing fees, you can submit a fee waiver to the court, asking the judge to waive all the costs with the court. Completing Your DivorceSandy Utah has a mandatory 30-day waiting period to complete a divorce. Under extraordinary circumstances, the court may waive the 30-day waiting period, however, before a judge grants a divorce to parents of minor children, both spouses must complete the Divorce Education Course. If you don’t have children, the court doesn’t require you to attend a class but does encourage both spouses to utilize the resource. Utah does not require that you attend a court hearing before a judge finalizes your uncontested divorce. Instead, after you file all the required paperwork, the judge will review it for accuracy and ensure that it’s reasonable and in your children’s best interests. If the court finds that everything is in order, the judge will finalize your divorce and sign the Findings and Decree of Divorce. How To Keep From Losing Everything In A Sandy Utah Divorce• Identify your assets: Before you can proceed with anything else, you need to know how much money you have and where it is. Next, clarify what’s in your name and what belongs to your spouse, including any mortgages, bank accounts, investments, and other assets. “A judge is going to care more about a good financial statement than a picture of someone going out of a motel.” • Hiring a Lawyer Take a Lot of Work and Stress Off of Your Hands: Getting divorced involves an incredible amount of paperwork. It also involves deadlines that cannot be missed and persuading the court to rule in your favor on many important issues such as child custody, spousal support, and asset division. Hiring an attorney takes a great deal of this work and stress off of your plate. Grounds For Divorce In SandyThere are a number of grounds for divorce in Sandy, which include: 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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Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
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