Lincoln W. Hobbs’s Answers

Lincoln W. Hobbs

Salt Lake City Litigation Lawyer.

Contributor Level 9
  1. When a settlement is made in a civil suit and the party is given a certain amount of money, are they required to pay taxes on it

    Answered over 2 years ago.

    1. Earl Kenneth Mallory
    2. Raymond Scott Costantino
    3. James Adrian Cueva
    4. Pamela Koslyn
    5. Lincoln W. Hobbs
    5 lawyer answers

    The answer to this depends on the nature of the underlying dispute, and whether or not the settlement is considered "wages" or "income." Unfortunately, as is the case with many tax matters, the answer is not always clear. In employment disputes, the safe thing for both parties is to assume they are taxable. Settlements of all types in excess of $10,000 should be reported on a 1099, unless the settlement is paid as wages, in which case they are reflected on the employee's W2

    5 lawyers agreed with this answer

  2. I missed my court date in a civil trial(landlord tennant)so did the defendant, the case was dismissed, how do I reopen it? Utah.

    Answered over 2 years ago.

    1. Lincoln W. Hobbs
    2. Conrad H Johansen
    3. Nathan E. Burdsal
    3 lawyer answers

    You'll need to file a motion to set aside the dismissal; that needs to be done promptly. Look at Rule 60 of the Utah Rules of Civil Procedure.

    3 lawyers agreed with this answer

  3. Can a Condo Association rent an absent owner's condo?

    Answered over 2 years ago.

    1. Matthew Allan Quick
    2. Henry Repay
    3. Lincoln W. Hobbs
    4. Paul H Begemann
    5. Stephen Samuel Messutta
    5 lawyer answers

    I'm assuming, based upon the fact that you don't know where the owner is, or if there is a mortgage or not, that you haven't spoken with counsel. My question back to you, is why -- with $30,000 dollars owed -- that you haven't taken that step. You may very well have the right to rent, or even own those condos. You should hire a lawyer to find that out. I know, lawyers are expensive. But $30,000 is a lot of money, and I think it warrants at least an hour or two of billable time to get the...

    4 lawyers agreed with this answer

  4. Can a Counseling business in Utah legally Charge $160.00 in service/interest charges on a $50.00 no/show bill?

    Answered about 2 years ago.

    1. Lincoln W. Hobbs
    2. Pamela Koslyn
    2 lawyer answers

    You might want to try to involve the Better Business Bureau in this. They're probably not legally entitled to do this, and likely will never try to collect, but it's not feasible for you to hire a lawyer to fight it, and they know that. The prior answer provides a good option to try to make it go away, and if they cashed the check, you would have a good legal defense, but again be in the predicament of them perhaps ignoring the law and still pursuing you. (They are likely violating the Fair...

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  5. Is this true?

    Answered over 2 years ago.

    1. Michael Brooks Ipson
    2. Clayton A. Simms
    3. Lincoln W. Hobbs
    3 lawyer answers

    No.

    2 lawyers agreed with this answer

  6. If I create an LLC where I am the manager before I am served a subpoena for monetary damages am I still covered by the LLC?

    Answered over 2 years ago.

    1. Lincoln W. Hobbs
    2. Gregory Christopher Poulos
    3. Sergei Tokmakov
    3 lawyer answers

    Assuming you are setting up the LLC to avoid the obligation, and assuming they are aggressive at all, it probably won't work, regardless of the exact timing. The Utah Fraudulent Transfer Act provides a remedy for creditors if a transfer is made to "hinder, delay or defraud" a creditor. It appears that is what you would be doing (or attempting to do). However, if they didn't pay you, they may not have a basis to complain, since they appear to have breached the contract first.

    2 lawyers agreed with this answer

  7. Is it ever okay to tell a former employer "give me a positive reference or I will sue you"?

    Answered over 2 years ago.

    1. Lincoln W. Hobbs
    2. Stuart M. Address
    2 lawyer answers

    If it were to be stated that directly, you may get a claim back against you for civil extortion. At any rate, it's not good form. And, if you got a positive reference only as a result of a threat like that, it wouldn't likely come across as being very sincere. If you have legitimate claims, you should talk to a lawyer about pursuing them. A neutral, or even positive referral may be part of a negotiated settlement.

    3 lawyers agreed with this answer

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  8. I filed a quit claim deed in Madison County, AL today to change my home deed from me as a single person to me and my new spouse

    Answered about 2 years ago.

    1. Lincoln W. Hobbs
    2. Amber Yerkey James
    2 lawyer answers

    you and your wife can execute a new deed, to you and your wife, as JWRS. That would work in Utah, but it is probably worth visiting with a lawyer.

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  9. If you accidentally break property of an establishment, do you have to pay for it?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Andrew Kevin Jacobson
    3. Lincoln W. Hobbs
    3 lawyer answers

    They can't decide that on their own. They could sue you, alleging that you were negligent, and if they win you might have to pay. But you would be able to defend yourself as to whether it was located in a precarious location, etc.

    3 lawyers agreed with this answer

  10. My former contractor is refusing to give me an itemized cost report for the work performed. Is there a way I can force him to?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. George William Wolff
    3. Timothy John Broussard
    4. Lincoln W. Hobbs
    4 lawyer answers

    First of all, I recategorized your question to Construction. Presumably, the contractor was not an employee. Do you have a written contract with the contractor? That should set out the duties that he has, as far as providing you with information regarding the costs. If it's a "cost plus" contract, you are entitled to this information. If it's a "fixed price" contract, his costs are irrelevant, you have to pay what you agreed to pay. Similarly, if he represented in the contract that they...

    3 lawyers agreed with this answer