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David Laurence Altman
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David Altman’s Answers

127 total


  • Was a passenger in car accident. Other drivers insurance USAA wants to settle for $1,100; they pay for medical bills.

    Was in auto accident on 4/20/2015; as a passenger. Noticed pain in neck and back later that evening. Went to local prompt care. Dr.'s there noticed inflammation/swelling in neck back area. Recommended go to E.R. for x-rays. Received call next...

    David’s Answer

    If your fractures are attributable to the accident, USAA's offer makes no sense.

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  • Do I have a duty to disclose my felony fraud conviction to customers?

    I am the CEO and part owner of a burglar alarm company. Our customers sign 60-month contracts that usually include credit checks. The personal and financial information of our customers goes into a database that I control. I also have a felon...

    David’s Answer

    You did not indicate if your felony conviction has been expunged or if you disclosed that conviction when applying for a license to operate or be a part owner of an alarm company.

    Under Utah law, alarm company licensees must:

    (vii) be of good moral character in that officers, directors, shareholders described in Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnel have not been convicted of a felony, a misdemeanor involving moral turpitude, or any other crime that when considered with the duties and responsibilities of an alarm company is considered by the board to indicate that the best interests of the public are served by granting the applicant a license.

    UTAH CODE ANNOTATED TITLE 58 CHAPTER 55 SECTION 302; 58- 55-302(3)(k)(vii) and (3)(l)(iii)
    If you did legitimately qualify for part ownership in alarm company, I am not aware of any law that requires your company to disclose your past conviction to potential customers.

    If you would like further information on expungement, please contact our office for a free consultation.

    #UtahExpungementAttorneyLawyer

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  • Can I buy a hunting rifle if I have a Plea in Abeyance - DV-Criminal Mischief from 10 years ago?

    Simply put, 10-12 years ago I got angry and punched a wall. It scared my roommate who I didn't realize had grown up in a violent home. Pretty stupid on my part. I don't remember all the details of the charge but I know I did one of those Plea in A...

    David’s Answer

    Since your conviction apparently did not involve force or violence, it is likely that you should be able to purchase a gun. However, that is not guaranteed and you should contact the Utah Bureau of Criminal Identification to verify that there is no prohibition on owning or possessing a firearm. When you contact the Utah Bureau of Criminal Identification you should also ask them for a Certificate of Eligibility for Expungement. After 10-12 years it is probable that you will be able to expunge your criminal conviction which will both clean up your record and allow you to have firearms at the same time. Expunging your criminal history is relatively inexpensive and offers many benefits besides gun ownership.

    If you would like further information on expungement, please contact our office for a free consultation.

    #UtahExpungementAttorneyLawyer

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  • What kind of lawyer do i contact when dealing with a jail

    was not given proper medication when incarcerated

    David’s Answer

    You should contact either a civil rights attorney in your area or a criminal defense attorney. You should be aware that unless you suffered a significant and lasting injury as a result of being deprived of medication, the cost of pursuing this type of claim will be greater than any likely recovery.

    #StGeorgeUtahCriminalAttorneyLawyer

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  • Palamoney laws in utah aftet 15 years toghther he is 25 years oldet and my life is in jeporty, I have M.S and quite sick. He so

    He sold the home I had taken caer of for year'sI causing me to have to mov re inbwith him, I am scared west can I do negotr he killse he is a retired sl county sheriff and county commissioner, I am the soul benifisherty on his will he had no chi...

    David’s Answer

    Your question is confusing. If you are living with a person who has threatened to hurt you, you should file a police report and ask for a protective order. The court may order that individual to move out of the residence where you are now living. Utah is not a palimony state but you still need to consult with a family law attorney in your area to determine whether you have any claims for financial assistance.

    #StGeorgeUtahFamilyLawyerAttorney

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  • Customer did a charge back on a new computer, even though she signed and agreed on the contract that there are no returns.

    I have had a computer business for 10 years and never have had a problem with a customer doing a charge back on a new computer. The money was taken out of our account and she is still in possession of the computer. In my experience if you do a cha...

    David’s Answer

    You have two (2) options. The first is to dispute the charge back with the credit card company. Be certain to inform them of the no return contract and that the customer has kept the computer. Second, if the credit card company does not reverse the charge back, file a small claims court action for breach of contract.

    #StGeorgeUtahBusinessLawAttorneyLawyer

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  • Am I legally obligated to continue paying the mortgage during a divorce?

    I was taken off the house deed years ago and last year my wife took me off the mortgage also. I have been living in an apartment for 6 months, while she continues to live in the home. I have been paying my portion of the mortgage until this month....

    David’s Answer

    You stated that your wife took you off the mortgage. What proof do you have? Did the lender provide you with any documentations showing that you were released from the mortgage?

    If the lender released you from any liability to pay the mortgage, you are not legally obligated to continue paying any portion of the mortgage payment unless your wife obtains a court order requiring that you contribute to monthly mortgage payments.

    Where you live has no effect on your liability to pay the mortgage. You should consult with an attorney.

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  • My husband wants to file for divorce outside the US

    We are european immigrants and have been living in the US for about 10 years. My husband and I were married in one of the European countries. Now my husband hired an divorce attorney in the country where we were married and wants to divorce me. He...

    David’s Answer

    Since other countries’ divorce and residency laws may be very different than laws in this country, it is possible that your husband may be able to obtain a divorce decree from a country where neither of you has lived for the last 10 years or are living now.

    Do not wait until you receive notice that a foreign divorce decree has been granted. If either you or your husband are serious about divorcing, you should hire a local and start the divorce yourself WITHOUT DELAY.

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  • Do I need a divorce attorney

    I served my spouse with the verified petition an acceptance papers.. He was in agreement an said he would sign whatever just to get this over with. now it has been almost a month an nothing., What do I do now?

    David’s Answer

    Your spouse may have chosen not to respond because he is in agreement with whatever terms you set forth in your petition. Actually, his lack of response makes it easier for you to obtain a divorce.

    Your spouse has 20 days to respond if he lives in the county where the divorce was filed and 30 days if he lives outside of the county. If more than a month has passed since the date he was served, you are eligible to file a default. You should go to the court website for list of forms that must be filed.

    After default has been filed, your spouse cannot respond without filing a motion in court to set aside the default. You will still have to wait a minimum of 90 days (unless waived by the court) from the date of filing to obtain your decree of divorce.

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  • Can a cop pull into a parking lot and wait for me to leave if he thinks I am driving without a licsense?

    I was leaving the gym when I got on main street I seen the cop getting ready to pass a white car when I turned right he cut off the car and pulled me over saying he has been watching me drive for awhile and finally got a chance to catch up to me. ...

    David’s Answer

    The officer must have a reasonable suspicion of some illegal activity, whether it is a moving violation or a vehicle defect, such as broken or inoperable taillights, out of date license plates, etc. or observe other suspicious activity to justify stopping your vehicle.

    Police regularly use minor infractions as a basis to conduct a more thorough investigation and search and in doing so often see other more serious criminal activity which leads to an arrest. You did not indicate what reason the officer gave for pulling you over.

    Suspecting that you were not licensed would not be good grounds for a vehicle stop unless the officer had either actual knowledge or a reasonable belief based on verifiable facts or reliable information that you were unlicensed prior to the stop.

    You may have a good defense to the charges filed against you and you should hire a criminal defense attorney.

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