Commercial Litigation Articles

Not All Unenforceable Construction Lien Claims in Utah Are Wrongful Liens

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com A lien on real property (i.e. land and buildings) is a claim against this property for the payment of money. A notice of lien is generally a document that is recorded with a county …

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Unfair Interest Rates May be Legal in Utah, but an Attorney Can Help

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Utah judges aren’t your parents. If you enter a contract that is unfair or unwise, a judge probably won’t come sweep in and save you from the consequences of the agreement. It …

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Utah Litigation: When Does the Loser Have to Pay the Winner’s Attorney Fees?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Hiring a qualified law firm to initiate and successfully litigate a lawsuit in Utah is not cheap. Before choosing to litigate a case, it is wise to consider whether your attorney fees …

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He Breached the Contract—What Are My Rights Under Utah Law?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Contracts are the underlying fabric of Utah’s economy. A contract is a legally enforceable agreement between two or more parties (i.e. persons, companies, legal entities, etc.). By entering a contract, a party …

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The Statute of Frauds: When Oral Contracts in Utah May or May Not Have Teeth

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Written vs. Oral ContractsNot all contracts have to be in writing. Generally, if one party makes a valid offer and another party accepts that offer, these two parties create a binding and …

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Five Points to Consider When Sending a Demand Letter in Utah

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Before a lawsuit is filed in Utah, the parties in conflict may have already exchanged demand letters, setting forth their version of the facts and how they want the problem solved. These …

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The Four-Week Hold Before a Creditor Can Collect on a Utah Judgment

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com If you win a lawsuit in Utah, you receive a judgment from the court, a piece of paper explaining that you won. This judgment usually includes an amount of money that you …

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Obtaining Original Birth Certificates and Other Records After Adoption

In Utah, it is extremely difficult for an adoptee to obtain any records related to their birth or adoption—including the adoptee’s original birth certificate—because these records are sealed following an adoption. An adoptee will literally …

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Four Ways to Potentially End a Utah Lawsuit

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Litigation is costly and can be time-consuming and stressful. Before you commit to litigation, you should consider the potential costs in actual dollars to pursue or defend a lawsuit. Attorney fees and …

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