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Joseph Goddaeus Ballstaedt

Joseph Ballstaedt’s Answers

138 total


  • What can I do if a dealership sold me a car with a bad transmission?

    Joseph’s Answer

    You probably don't have a lemon law claim in Utah because the car was not bought new, but you can pursue remedies pursuant to your contact and your warranties. I would discuss this with an attorney if the dealership won't make it right.

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  • What is the minimum amount of debt I can have to file for a bankruptcy?

    Joseph’s Answer

    I agree with the above attorney. You should talk with a Utah bankruptcy attorney if you have any questions.

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  • What if my truck was being repaired at a mechanic shop and when i went down there to pick it up mechanic and truck are gone?

    Joseph’s Answer

    Talk to the shop, explain what happened, and if they don't come up with the vehicle in a day or two, talk to a lawyer about the best route to sue the shop. They are probably responsible, and the specific mechanic may be responsible too.

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  • Can I sue or get a written letter from an attorney that can get him to work with me?

    Joseph’s Answer

    This would likely be a breach of contract, and yes, and I might recommend suing in small claims if it is less than 11K. Litigation is expensive. I would talk with an attorney before deciding how to proceed.

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  • Can debt collection agencies legally charge interest on an unpaid debt indefinitely, and if so is there a cap on how much?

    Joseph’s Answer

    You can obtain a copy of the judgment online (attorneys can show you how to do this). The interest rate of 10% is almost certainly legal, unfortunately. Your best bet may be to negotiate with the collection agency. They will usually drop quite significantly the amount they are asking, if you know how to apply the right pressure. I recommend hiring an attorney who can help you navigate this issue. It could save you money, time, and stress.

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  • How do I collect on a judgement that I won on don't think they work

    Joseph’s Answer

    The process is relatively simple if you know how to do it. You need to get a writ issued by the court for you to be able take money from the debtor's bank account or the debtor's wages. If it is a hospital that owes you, you may need to get an order from the court allowing you to garnish/intercept income/money that is owed to the hospital. You can also file a lien in a county where the debtor has real property. There are a variety of methods. I would talk to a good collection attorney if you can't figure out the process form the court's website.

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  • How do I get my money back from someone that i paid for a class? Do i sue them?

    Joseph’s Answer

    $3000 is a relatively small amount of money. I would either move on and forget about it or do a small claims case and then talk with an attorney about a garnishment proceeding. She may not show up to small claims, which would result in what is called a default judgment (i.e. you win because she didn't fight your claim). But even if you get a judgment, collection can be expensive, with no guarantee that you'll recover the money. Do a google search of small claims. There is a self-help website you can find. Also try this link: https://snjlegal.com/2020/01/07/six-things-to-consider-before-suing-in-small-claims-court-in-utah/

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  • How can I cancel my “Exclusive Buyer-Broker Agreement”?

    Joseph’s Answer

    If the scope of the agreement is Salt Lake County, and you are building in a different county, you may not need to worry at all. If you are unsure as to whether the agreement applies, it would be money well spent to talk with an attorney and get some guidance. With all contract questions, it is difficult to advise client without readying the actual contract and asking questions about relevant facts. Good luck!

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  • What do I need to do next?

    Joseph’s Answer

    You have a breach of contract claim against guy. You'll want to talk with an attorney and talk about the following options: 1) a demand letter, 2) a complaint in court, 3) repossessing the vehicle, 4) and collection options. Good luck.

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  • Can a real estate broker put a notice of interest on your property ?

    Joseph’s Answer

    I am not quite sure of all the facts. It would be helpful for you to talk with an attorney in person. There is law related to liens and real estate brokers at play, but again, I need to understand the facts better.

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