Utah Eviction Blog

Free Utah Eviction Forms and Legal Information

Posts Tagged ‘Utah Attorney Fees’

Should Your Case Be In Small Claims Court? Three Advantages & Disadvantages

Posted by Jeremy Shorts on December 12, 2009

Utah’s small claims courts can be a beautiful tool for landlords, but it must be used correctly.  If you file a case in small claims that really belongs in district court, the judge should dismiss your case.  If this happens, not only with you have wasted months of your time but you will also lose out on filing fees and other costs you’ve paid.  You’ll then have to begin the process all over again in district court.  It is important to understand when your case does not belong in small claims.

Small Claims Advantages…

There are several important advantages to using Utah’s small claims courts:

  • First – Speed. Small claims courts are usually MUCH faster compared to district court.  You can be sitting at a trial in small claims court within 2-3 months (depending on how busy the court is).  Most cases in district court take much longer than that.
  • Second – Savings. Filing fees are cheaper in small claims court, but the biggest cost savings Read the rest of this entry »
Advertisements

Posted in Eviction Issues, General Legal Info | Tagged: , , , , , | Leave a Comment »

Attorneys are Expensive?!?

Posted by Jeremy Shorts on December 11, 2009

Some things should simply NOT be in the “do-it-yourself” category.  There’s a reason I pay an accountant to do my taxes.  I could try to figure it out on my own, but he’s better at it, and I can rely on his accuracy to claim all my deductions, navigate potential problems, and avoid penalties.  Although I may be biased, handling some legal issues should not be in a “do-it-yourself” category.

I like to ask clients “What are the downsides to having an attorney help you through this situation?”  After a few lawyer jokes (including one or two from me), they almost always Read the rest of this entry »

Posted in Asset Protection, General Legal Info | Tagged: | Leave a Comment »

When Can a Landlord Claim Attorney Fees in Utah?

Posted by Jeremy Shorts on December 5, 2009

In a dispute with a tenant (or anyone for that matter), being able to claim attorney fees can provide valuable leverage during negotiations.  However, it is only possible to claim attorney fees in limited situations, and it is important to understand when this is possible.

When Can You Claim Attorney Fees?

The Utah Supreme Court has repeatedly stated that “Generally, attorney fees in Utah are awarded only as a matter of right under a contract or statute.”  Foote v. Clark, 962 P.2d 52, 54 (Utah 1998) (internal citations omitted).  Without a contract or statute allowing attorney fees, neither party can claim them.  Also, where a contract awards attorney fees, Read the rest of this entry »

Posted in Eviction Issues, General Legal Info | Tagged: , , | Leave a Comment »