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J. Simon Cantarero

J. Cantarero’s Answers

13 total


  • What do I need to start an online business

    I want to start a clothing company just selling online. What type of licences or tax info do I need? And how would I go about paying sales tax on sold items?

    J.’s Answer

    I recommend you hire a business attorney and an accountant to help you get your business off the ground. You can try to do it yourself or use a "kit" from an internet company, thinking you are saving money, but my experience is that you are not saving that much money than if you were to hire someone you can meet with and ask questions. A local professional will help you start your business the right way and avoid future problems, and can counsel you on what would be in your best interest as it pertains to legal and tax issues.

    To do business you will need to form a company, get a tax ID number for that company, apply for and get all the necessary licenses and permits to do business in your city, and set up the business to pay sales tax, employment taxes, etc.

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  • Does a POA need to be recorded to sell Real Property in Utah?

    I live in Oklahoma, and own a home in Utah that I need to close the sale on today. If I do a POA here in Oklahoma and fax it over to my mother to take care of the signing portion of the sale does she need to record it before the closing?

    J.’s Answer

    Usually the power of attorney does not need to be recorded with the county, unless it somehow affects title to the property. A properly drafted POA would only detail the powers and authority you are granting your mother (what she can do), as well as the limitations you are putting on your mother (what she cannot do). The title company and escrow officer will need to see and make a copy of the POA.

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  • My employer has threatened to not pay me since I had to call n sick to work.

    My employer has threatened to fire me if I ever needed to call in sick in the past. I have a paper route and work 7 days a week. In a years time I have only missed 2 days (I did take a small vacation in witch I hired someone to cover my route) las...

    J.’s Answer

    You should consult with a local attorney about your case. But if you have a contract with the company, it would govern your relationship. Read the fine print of you contract.

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  • Soon exhusband still pays mortgage, I pay utilities do i have the right to ask him to not come into the home? esp. when i am gon

    Ex invites himself into my home that he also lived in until January when I found out about his two affairs with women in our neighborhood, he pays the mortgage I pay the utilities, what are my rights to asking him to not enter the home when he is ...

    J.’s Answer

    Consult with a lawyer who specializes in family law, but a restraining order would help set limits on him and his access to the children and the house.

    Simón Cantarero
    http://www.lawyerinutah.com/about-us/j-simon-cantarero-2

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  • Do I have legal recourse if my 8 year home has foundation issues and the cause is determined to be poorly compacted fill dirt?

    Corner of house has dropped 2 1/2". No plumbing leaks evident. No unusual water usage, no floods, etc. Approximately 10' of fill dirt was applied to that area before foundation laid. Developer has paid all engineering expenses and has had two...

    J.’s Answer

    Consult with a real estate/construction attorney in your area as soon as possible. In Utah, a claim based on contract or warranty must be brought within 6 years of completion or abandonment of construction, unless the contract provides for a different period of time. All other actions must be brought within 2 years of discovering the cause of action, but in no event can an action be brought more than 9 years after completion or abandonment of construction, although 2 years are allowed from discovering the cause of action if that occurs in the 8th or 9th year after construction or abandonment of construction. I hope this helps.

    Simón Cantarero
    http://www.lawyerinutah.com/about-us/j-simon-cantarero-2

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  • My parents had a trust but two money market accounts were not in it.Do I need to include them in probate?

    The money market accounts say that I need a letter of testementary .I don"t need one if it is a small estate, if I don"t include the trust in probate it is under the small estate limit.

    J.’s Answer

    Be sure to consult a probate attorney in your area. He or she can help you with a small estate affidavit (if it qualifies), and it should not cost very.

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  • I signed an agreement in Utah. The company is based in Iowa they are threatening to sue me in that state,

    In my opinion they broke the agreement., there for I do not have to pay. They are threatening to sue me in illinois and said I would have to come there to fight it so I might as well pay them.

    J.’s Answer

    Don't delay! The agreement will likely tell you where you can sue, and getting legal counsel will help you do things right. Best of luck!

    801-996-3850
    http://www.lawyerinutah.com/about-us/j-simon-cantarero-2

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  • I was recently laid off and received a severance package, however the way that it's worded may not allow me to get unemployment?

    I have until the 17th of April to sign the papers,

    J.’s Answer

    Read those documents very, very carefully. You can hire an employment attorney to review and "interpret" the documents so you know what you're giving up. Unemployment benefits depend on whether you were terminated or resigned, but the most important thing is whether you can do what you were doing with another company.

    801-996-3850
    http://www.lawyerinutah.com/about-us/j-simon-cantarero-2

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  • Can I file civil suit against my employer

    I was riding on a sales call with a new employee of a fairly large company. Unknowing he recorded my conversations with him and in the house, unknowing to the prospect. My employer has been using the recording to intimidate me and may terminate me...

    J.’s Answer

    Assuming that Utah law governs your employment relationship, Utah is an "at-will" employment state, which means that an employer may terminate an employee for any reason (or no reason) at any time, with or without advance notice. Employees still enjoy the protection of federal and state laws against discrimination, harassment, retaliation, etc. Utah is also considered a "one party consent" state, meaning that as long as one party consents to the conversation, there is no breach of privacy. If you think you have a case for harassment in the workplace, consult with a local employment lawyer to consider your options.

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  • Can a sheriff in Utah post a writ of execution on a property door and consider it "served" if the house is vacant?

    I live in Utah. My home county is Salt Lake County and the county directly south of me is Utah County. I obtained two judgments against people who owed me money. In both cases they abandoned their primary residences. I obtained a writ of execu...

    J.’s Answer

    It may sound tongue-in-cheek, but the Rule is right. And a court would need to agree with you and disagree with the Utah County Sheriff's interpretation.

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