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Business License Requirements

State and local authorities often require even more small business licenses and have more issues to consider than the regulations imposed by the federal government. When you start a business, there are federal and state rules and regulations that the company must abide by in order to legally operate.

State and local governments have more wide-ranging regulations for businesses, and there are more local issues for small businesses to consider when starting up. For example, in addition to the federal and local requirements for businesses to obtain licenses, small business owners must also consider other local issues, such as zoning ordinances, building codes, and lease considerations.

State License Requirements

Business licensing requirements differ from state to state, but most state governments typically require the following types of licenses and permits: State business license: Essentially, a state business license is used to track and monitor businesses for tax purposes and are required for businesses to operate lawfully in the state. Most states have agencies specifically created to deal with issuing state licenses.

Licenses for selling certain products: States require businesses to have licenses to sell products such as liquor, firearms, and gasoline. Occupational licenses: All states regulate certain professions and require practitioners of those occupations to obtain (and maintain) licenses in order to do business. States require licenses for doctors, lawyers, accountants, real estate agents, private security guards, funeral directors, private investigators, barbers, and many other professions. To confirm whether your state requires your business to have an occupational license, contact your state’s licensing authorities.

Unemployment insurance: For businesses with employees, most states require the business to purchase into their system of unemployment insurance. Contact your state’s Department of Labor to find out more. Also, don’t forget to have worker’s compensation insurance in case someone is injured on the job. This is a must if you have any employees or independent contractors you pay to do work for you.

Tax registration: For states with a sales tax, you will have to submit an application for a sales tax license to charge customers.

Local Issues

Register your business name: You’ll have to register your business name with local (and likely state) agencies such as the county clerk, along with the business address. You’ll need to take care to pick a name that isn’t being used by another business. If the business is an LLC or corporation, the business name will be registered with the state when you submit the articles of incorporation. If you’re a sole proprietor, the default name will be your name, but you can apply to use a fictitious name (also known as a DBA—”doing business as”) with the city or county. Partnerships can also apply for a DBA with the city or county.

Environmental permits: In addition to state and federal agencies that cover environmental issues, local agencies also regulate the environmental impact of businesses, including issues such as air quality, water quality, and waste disposal. For example, the number of local air quality boards is increasing, as is their activism in maintaining or improving air pollution in their locale, with a particular focus on businesses.

Local business licenses: In addition to state or federal licenses where applicable, almost all businesses will need a license from the local government (city or county) to lawfully operate within their jurisdictions. These local licenses are typically very easy to obtain and require paying a fee.

Health permit: If you’ll be preparing food as part of your business, you’ll need to get permits from the county to do so.

Building permits: If you want to remodel or build a new space, you must get building permits from local agencies to ensure safety and to confirm that the remodeling or new space conforms to local ordinances. Depending on the type of work that’s being done, you may also need permits for plumbing, electrical, and heat or A/C work. Be sure to consult with a licensed, experienced contractor to determine what types of permits you’ll need as well as how much it will cost to get your business up to local requirements.

Zoning: A zoning permit demonstrates that the location of your business is approved by the city or county for your business’ usage. Zoning laws are locale specific, and can vary even from block to block. The laws regulate things like the type of business that is allowed in an area, waste disposal, the size and placement of signs, and even the appearance of the store front (if, for example, you’re in a historic district). If your specific location isn’t zoned for your type of business and you’ve signed a lease, you have trouble on your hands. So before signing a lease, be sure to confirm that the area is zoned for your usage and that the lease accurately reflects the type of business.

Business License Lawyer Free Consultation

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Child Custody Summer Break

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Child Custody Summer Break

Working out a parenting time plan during summer is required for parents of minor children in Utah. A parenting plan includes details on how time with children is shared when school is out.

Summer parenting arrangements can be court-ordered or created between amicable parents over time. In any case, good communication is key to making good memories with children over the summer.

This year, consider these tips for staying cool when issues with a co-parent heat up: (1) Remember the children: Most children look forward all year to summer vacation. Try to keep their best interests in mind as you work with the other parent to schedule the summer. (2) Plan ahead: No parent appreciates a short-notice phone call or text concerning an event—and most parenting time plans do not permit them. As soon as you have your summer plans in mind, speak and coordinate with the other parent. (3) Family plans: If your family traditionally spent time at a summer home or particular destination, work with your ex-spouse to decide how that could be handled after divorce. Should new traditions be made, old ones honored or somewhere in between? (4) Ask your children: Even children of intact families change their minds about what they want to do from summer to summer. Before you plan to send your kids to an away camp or sign them up for another activity, ask children who are old enough for their opinions.

Enforcing Your Rights

If you have not been granted full custody of your children, the courts have likely given you a specific visitation arrangement that will enable you to see them. There are a variety of types of visitation, including weekend visitation, supervised visitation and more. If anyone attempts to interfere with your rights of visitation, there are steps you can take to assert those rights.

The most common circumstances in which you need to enforce your rights are when the custodial parent refuses to let you have your court-mandated visitation time with your children. Be sure to keep a written record of every circumstance in which the custodial parent denies you your visitation, so you can have evidence of a pattern of interference. Once you have established this pattern, you have several options:

Try mediation. See if you can work out the issues with the custodial parent through a simple discussion. Maybe you just need to tweak the schedules, or set certain ground rules. You may also work it out through professional mediation or counseling.

File a motion in the court system. You can file a motion in court to enforce your visitation rights. The court will then clarify all the details of the visitation plan, and could potentially increase your rights and decrease spousal support if you can prove a pattern of interference. In rare cases, the courts may even change who has primary custody. Keep the child on grounds of endangerment. If you feel that your child would be placed in danger by returning home after the visit, you can violate the terms of your visitation agreement so long as you are able to defend this violation in court.

If you become frustrated by the custodial parent’s lack of cooperation in your visitation schedule, never take it out on them by stopping support payments. That can only harm your position in the long run.

Free Consultation with Divorce Lawyer in Utah

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Should You Extend Credit to Business Customers?

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Should You Extend Credit to Business Customers?

Extending credit to your customers or business partners helps your business increase sales and provide additional sources of revenue. However, there are downsides to extending credit as well, such as having to comply with a variety of federal and state laws, and of the course the possibility of not being able to collect. This article provides some basic introductory information on extending credit to your business’s customers.

ID for Credit Transactions

Any business that accepts debit or credit cards for payment should understand the PCI security standards intended to protect consumers, credit card companies, banks, and businesses from fraud and security breaches. Any business that is going to accept credit or debit cards should obtain a complete list of the requirements from the PCI Security Standards Council. Some states have strict regulations pertaining to the kind of information that customers can be asked for when purchasing items with credit cards. Very often, businesses can’t require customers to give information that is personally identifying other than an address or phone number. Exceptions may apply if the bank issuing the credit card requires the information, or if the information is essential to fulfilling the transaction, such as for delivery or servicing. If you would like more information about the laws in your state, you can visit the Utah Attorney General’s Website.

Consumer Credit Laws

If your business extends credit to customers, you should become aware of consumer credit laws, which regulate many aspects of your interaction with customers. For example, if your business is extending credit, you will have to comply with rules regarding how you advertise interest rates and how much time you have to respond to claims of billing mistakes. There are also certain rules about how aggressive you can be when trying to collect a debt. It’s important to be in compliance with federal and state consumer credit laws, so it’s definitely in your best interest to find out the laws that will be applicable to your business.

Extending Credit and Getting Paid

If you decide to extend credit to your customers, make sure you establish credit practices that are: (1) Fair enough to your customers under state and federal credit laws, and (2) Strict enough to ensure that your business will get paid.

You should have credit policy and a set procedure in place that your business will follow if customers don’t pay when they are supposed to pay. Examples of what you can include in your collection procedures are sending out overdue notices, demand letters, and collection notices.

Mechanics’ and contractors’ liens exist in most states to provide special collection rights to those who provide services or building materials used to improve property. A contractor’s lien is often referred to as a mechanic’s lien or a construction lien, and is available to contractors, subcontractors, and suppliers of materials. In some states, certain professions such as engineers, surveyors, and architects may also be eligible to file a lien for services that were provided in the course of a home improvement project. In the event that a debt is not paid, the lien can be foreclosed, and the property sold to pay the obligation.

It’s important to know that the debtor has the benefit of an “automatic stay” immediately upon filing a bankruptcy petition. This stops you from taking any further action to try to collect the debt owed to your business unless (or until) the bankruptcy court decides to the contrary.

Free Consultation with a Utah Business Lawyer

When you need legal help with your business, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

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Behind On Your Mortgage?

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Behind on Your Mortgage?

A mortgage is a type of debt that must be repaid within a certain time period, typically for real estate purchases. In the context of buying a home, a person looking to maintain a mortgage should first determine whether a mortgage payment can fit within their existing budget. Many foreclosures, as well as the market crash of 2008, were in part caused by people taking mortgages they could never afford (often pushed by predatory lenders). To avoid foreclosure, it is very important to educate yourself on the legal implications of taking on a mortgage before you begin mortgage shopping. This section includes articles addressing mortgage liability matters and what to do if you are behind on your payments.

What to Do When You’re Behind on Your Mortgage

Most people will experience periods of financial difficulty at least once in their lives, which can make it very difficult to pay your mortgage in full and on time. But keep in mind that lenders are not motivated to foreclose on your loan as long as they know you’re also making good faith efforts to pay repay what is owed. Therefore, you should contact your lender as soon you suspect you may not be able to make your payment on time or in full; the longer you wait, the fewer options you will have.

If you have fallen behind on your payments, talk to your lender about the following options: Reinstatement – Borrower pays the past due amount (and any applicable late fees) by a certain date; this makes the most sense for temporary financial setbacks. Repayment – Similar to reinstatement, but a portion of the past due amount is added to the regular monthly payment until borrower is current with payments. Forebearance – Mortgage payments are either suspended or reduced for an agreed-to period of time; when this period has ended, borrower resumes regular payments in addition to the past due amount (either in a lump sum or installments); not a good option if your financial setback is permanent. Loan Modification – Short of selling your home or slipping into default, this is the best option for borrowers whose incomes have fallen indefinitely; this involves a renegotiation of one or more loan terms. Sale – Sometimes selling your home is the only option. Bankruptcy – This is the most extreme option and can blemish your credit report for 10 years, but offers a fresh start for those who cannot repay their debts

Does Mortgage Insurance Work?

One way to protect yourself against a possible default is to purchase private mortgage insurance, which is required by some lenders if your down payment is less than 15 or 20 percent. This amount is added on to your monthly mortgage payments, but may be cancelled if you accumulate a certain amount of equity in the home (typically 20 to 25 percent). You also may be able to cancel your mortgage insurance policy if your home’s value has significantly increased through a remodel or local property increases. If you purchased your home after July 29, 1999 (under the Homeowners Protection Act) you may cancel your private mortgage insurance by considering the following options (1) Talk to your lender by asking in writing; (2) Have your home professionally appraised; (3) Determine your loan to value ratio (typically, lenders want it to be below 80 percent); (4) Compare your loan to value ratio.

Free Initial Consultation with Mortgage Lawyer

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Tax Audit Help

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Tax Audit Help

The IRS can randomly or intentionally select a tax return to verify that the taxes reported are correct. If you’ve been selected for an audit, there are ways to get help to avoid penalties and charges. While it’s tempting to rush through the audit process, you should be mindful of several ways to get audit help.

Before you seek help for a tax audit, knowing the basic tax audit process and the taxpayer’s rights should make the audit process go smoother and faster. For all types of audits, the IRS will send a notification in the mail. The notification letter will contain detailed steps to take and a deadline to reply.

After responding to the notification letter, there are three possible outcomes to a tax audit. First, the IRS can accept your explanation and your supporting documents and make no changes to your tax return. Second, the IRS can propose to make changes to your tax return and you can accept the changes by signing a document. By accepting the changes, you will probably have to make arrangements to make payments. Third, you can refuse to accept the changes proposed by the IRS and challenge the assessment. You can set up a conference with a manager at the IRS office to resolve the issue.

The IRS informs its employees and the taxpayers that the taxpayers have the following rights (1) A right to professional and courteous treatment by IRS employees; (2) A right to privacy and confidentiality about tax matters; (3) A right to know why the IRS is asking for information, how the IRS will use it, and what will happen if the requested information is not provided; (4)A right to representation, by oneself or an authorized representative.

Receiving a notification letter may be intimidating, especially if the IRS is telling you that there’s an error in your tax report. Don’t panic. There are ways to fix those problems by getting help. Depending on how you’ve been audited, you should carefully determine whether you need self-help tools, tax audit assistance, or full representation for your audit.

If resolving your audit issues seems simple, you can use online or self-help tools. The IRS publishes articles and guides that explain specific tax issues. Read those documents to find answers to questions you may have. If the IRS is simply asking you for additional document(s) for accuracy, you probably won’t need to buy tax audit assistance services or hire a tax lawyer. As long as you provide required documents, your audit will end.

There are various tax audit assistance programs, which can help you learn about what to expect and discover details of your audit. Services vary by companies and types of services. Typically, a tax professional will assist you in reviewing your audit notice and explain your options. In some cases, the tax professional will handle issues and paperwork to process your tax audit.

If you’re being charged with a serious penalty or a crime, then you should consider getting tax audit representation. If the IRS states that you made a serious mistake, you may be facing a large penalty. Hiring a tax lawyer is necessary when there are tax fraud or evasion issues. In that case, you should hire a tax professional or a tax lawyer, who will negotiate on your behalf, research any issues related to your audit, and communicate with the IRS tax agent to resolve the issues.

There are many resources and companies offering tax audit help, but you need to make sure you choose the right one for you. Make sure the service you choose will help you the get the result you want. Here’s a basic list of what you should look for. The tax professional must be trained and specialized in tax. The tax professional should be able to tell you what to expect and how to prepare for the audit. The tax professional should help you understand tax law. The tax professional’s office should be conveniently located (for tax audit representation). You should feel comfortable telling the tax professional your personal information.

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Domestic Violence Law

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Domestic Violence Law

Mandatory reporting laws are widespread in the United States. Some people are required to report in Utah. If you’re not sure if you have to report, call a criminal lawyer to discuss your situation. Domestic violence mandatory reporting requires that a medical professional report to the police when he or she knows or reasonably suspects that a patient has been injured as a result of domestic abuse. The details of mandatory reporting laws are quite distinct between states, however.

In California, for example, counselors and psychologists are not subject to mandatory reporting. Mandatory reporting applies only to medical professionals who have provided medical services for physical conditions. This is to encourage victims to attend counseling sessions for their mental health, even if they’re not ready to tell the police about the abuse. It’s important that this distinction is made, because in California, medical professionals are subject to criminal punishment if they fail to report abuse. What this means is that, if a victim is abused and goes to the hospital to treat the injuries, the physician absolutely must report the suspected abuse. The victim won’t be left in the dark, however. Federal law requires that the medical professional alert the patient if a mandatory report will be sent out (with exceptions). That way the victim can make plans to avoid their abuser if they fear further violence. Only two states, New Jersey and Wyoming, do not mandate that medical professionals report, but that’s because they have even broader laws. In both states, any person who knows or reasonably suspects domestic abuse is required to report the abuse to police.

Much of the difficulty in escaping domestic violence is due to the fact that most victims share their lives with their abusers. They share the same home, they often share their finances, and frequently, they share a family. Consider the shared home. If a victim reports domestic violence to the authorities, and the abuser is arrested, it’s not a guarantee that the abuser will be found guilty and convicted. Abusers who return to their homes turn to violence to take revenge on the victim. It’s therefore important that the victim look for other living arrangements. The good news is that, in some states, if you’re a victim of domestic violence, it’s now possible to terminate your lease early without having to pay the rest of your lease. Keep in mind that you need to have either a police report documenting the abuse, or a restraining order against your abuser, in order to make use of early lease termination.

Domestic violence laws differ from state to state, sometimes significantly. These differences range from the very definition of domestic abuse – whether abuse must be physical, or whether it can be emotional, psychological, and financial – to the requirements under mandatory reporting laws. For example, in some states, medical professionals may have to report suspected abuse to the police. This is important because many women choose not to receive medical care if they know that their abuser will get in trouble.

Because of all these differences, the whole process of escaping a domestic violence situation depends on the state in which you live. If you or someone you know is a victim of domestic violence, please read ahead to understand existing domestic violence law and how the differences from state to state may change the development of your case.

Many states differ on their arrest policies for domestic violence cases. The majority of states have adopted preferred arrest policies that require police to either arrest one or both parties at the scene, or to write a report justifying why an arrest is not made, and some states (for example, Utah, Wisconsin, and Minnesota) have even adopted mandatory arrest policies requiring that an officer make an arrest during a domestic violence situation, but only if the domestic violence meets certain criteria. In states with mandatory arrest policies, police are encouraged not to leave the scene without making an arrest. Mandatory arrest policies are generally safer for the victim because, if the abuser isn’t arrested, he or she may escalate the violence against the victim as punishment for having contacted the authorities.

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Transferring Property Between Spouses

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Transferring Property Between Spouses

An “interspousal transfer deed” transfers title (ownership) between a married couple. A gift given by one spouse to the other during the marriage is considered “separate” (owned separately), not “marital” (mutually-owned) property. This is important because through a deed, marital property can become separate property or vice versa, which is an important distinction in a divorce.

An interspousal transfer deed can be useful when one spouse has poor credit, and the couple wants to refinance their home. To receive a better mortgage interest rate, the couple may decide to use an interspousal transfer deed to transfer title to their home to the spouse with better credit.

What is a Quit Claim Deed?

A “quit claim deed” transfers whatever interest one spouse has in property to the other spouse. An important difference between an interspousal transfer deed and a quit claim deed is that a quit claim comes with no guarantees or promises about property ownership. Some examples of circumstances where a couple might use a quit claim deed are to transfer title to property as a result of divorce settlement, and when one spouse wants to give up interest in property.

Interspousal transfer deeds can be used to avoid tax liability when transferring property. When title to property is transferred, the county may impose a transfer tax and may reassess the value of the property which could result in higher property taxes. However, an interspousal transfer deed is a special kind of transfer that is exempt from transfer taxes and ultimately a cost-effective method of transferring property between spouses.

Quit claim deeds are very simple and use a form that is easy to find online or at office supply stores. However, with a quit claim deed one spouse may give up rights to certain property but not necessarily liability for any mortgage or lien on the property. A problem could arise if one spouse is awarded the marital home in a divorce and the other spouse uses a quit claim rather than interspousal transfer deed to transfer his or her interest. The spouse that gives up his or her interest to the house may still be responsible for one-half of the mortgage debt because their liability can’t be transferred through a Quit Claim Deed.

Preparing a Deed

A deed is a written document that legally transfers property from one person or entity to another. Through a deed, one spouse can give his or her own property to the other, and the property becomes the receiving spouse’s separate property. There are many ways to accomplish a property transfer, but two of the most common ways to transfer property in a divorce are through an interspousal transfer deed or quit claim deed. Whichever deed you decide to use, it’s important to make sure that the deed is completed and recorded correctly to be valid. The deed should be completed and must (1) be in writing (2) list the spouses involved in the transfer (3) identify the property being transferred by address and/or legal description (4) be signed before a notary public, and (5) be recorded in the county recorder’s where the property is located. It’s always best to make sure you have a Real Estate Lawyer

Divorce Attorney Free Consultation

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Tax Evasion Penalties

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Tax Evasion Penalties

By now, you probably know that having unpaid taxes is a serious problem. The fees and penalties can really add up, significantly increasing the amount you owe the government. The good news is it’s usally not a criminal offense to have back taxes. But sometime

However, when you attempt to avoid the assessment or payment taxes owed by using illegal means, you may face criminal charges for Tax evasion. Common examples of tax evasion include: not declaring all your income, deliberately overstating expenses or deductions, or attempting to avoid detection by failing to file tax returns when you have taxable income.

Law on Tax Evasion Penalties

There’s a long list of potential penalties and consequences for tax evasion. Paying your taxes is a better deal than having any of the following happen to you.

Pay a Penalty

If you act with the purpose of avoiding or defeating any tax owed to the IRS, you could be fined up to $250,000. Even if you’re not formally charged with tax evasion, you will be assessed fines if you file your return more than 60 days after the due date. The failure-to-file penalty is 10 times more than the failure-to-pay penalty. So the IRS recommends that even if you can’t pay in full, you should file your tax return and pay as much as you can.

Pay Interest

The IRS is required by law to charge interest when you don’t pay on time. The interest accrues from the due date of your return (regardless of extensions) until you pay the amount you owe in full, including all interest and any penalty charges. Interest rates are variable and may change quarterly.

Tax Lien on Your Property

A federal tax lien is a legal claim to your property. The tax lien arises automatically when you don’t pay in full the taxes you owe within 10 days after the IRS makes a tax assessment. It will then send a notice of taxes owed and demand for payment. The IRS may also file a Notice of Federal Tax Lien in the public records, which notifies your creditors that the IRS has a claim against all your property, including property acquired by you after the filing of the Notice of Federal Tax Lien. Once a lien arises, the IRS generally can’t release the lien until the tax, penalty, interest, and recording fees are paid in full or until the IRS can’t legally collect the tax.

Lose Your Property

A levy is a legal seizure that takes your property (such as your house or car) or your rights to property (such as your income, bank account, retirement account or Social Security payments) to satisfy your tax debt. When property is seized (“levied”), it will be sold to help pay your tax debt.

Damage to Your Credit

The filing of a Notice of Federal Tax Lien may appear on your credit report and may harm your credit rating.

Lose Your Passport

The Department of State will not issue or renew your passport if you’ve been certified by the IRS as having a seriously delinquent tax debt, and may revoke a passport previously issued to such individual.

Face Criminal Charges

Tax evasion is a felony criminal offense. If you are charged with tax evasion, the United States Attorney’s Office will prosecute you in federal court.

Go to Prison

If you’re found guilty of tax evasion, you can go to federal prison for up to five years.

Forfeit Your Social Security Benefits

If you owe the IRS, 15 percent of your Social Security benefits can be taken each month until the debt is paid in full. The government uses the Federal Payment Levy Program to garnish your payments.

Tax Lawyer Free Consultation

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Employee Termination Law

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Employee Termination Law

To protect yourself against a lawsuit by a former employee, consider having that employee sign a release from liability as he or she is departing. Include a clause where the employee grants you permission to provide information to any future prospective employers and promises not to sue you for providing such information.

In return for the release, offer some sort of benefit. A court is much more likely to uphold an agreement where the employee got something substantial in return for giving up his or her rights. Finally, check with an attorney in your state, as each state requires specific language to be in a valid release.

I just fired an employee, what do I tell the other employees?

In most cases, it’s best not to tell other employees that you fired an employee, or the reasons behind the firing. Rather, tell other employees that you simply had to “let the employee go” or say that “so and so is no longer with the company” and don’t go into any detail. Consider making a brief statement to the other employees, in a neutral tone that lets existing employees know who will be taking over the departing employee’s duties.

Avoid the temptation to gossip or speculate and don’t be spiteful towards the departing employee, no matter what they did. Gossiping or bad mouthing a former employee can land you in court for defamation, so play it safe and be professional.

Should I be careful in giving an employment reference for a worker I had to fire?

When you fire the employee, tell them up front that you won’t be able to be a positive reference for them. This alone can avoid potential problems, since most employees will get the hint and not use you as an employment reference.

If you do end up serving as an employment reference for a former employee whom you fired, then the best practice is to keep your comments brief and factual. Telling a potential employer anything about the former employee that you can’t verify as factually accurate is grounds for a defamation lawsuit, so be very careful what you say.

Do I legally have to give severance pay to employees when they leave?

Generally, there is no legal requirement to offer severance pay unless you’ve led your employee to believe that they are entitled to receive some form of severance. Common ways this can happen are promises made during an initial interview, employment contracts, talking about offering severance in an employee handbook or simply offering severance pay routinely to other employees. If you do routinely offer severance to employees but don’t want to offer it for certain other employees, make sure you put it in writing, because offering severance in a routine fashion may create a legal basis for an employee to believe that he or she is also entitled to severance pay.

Many employers do offer severance pay for long-time employees because severance pay can help a fired or laid off employee make the transition to a new job much easier. Severance packages also reduce feelings of anger among former employees which can lead to fewer lawsuits and can also serve to soothe any guilt from employers for having to let employees go.

Are there any legal requirements about when I have to give employees their final paycheck?

Most states have laws that require employers to send out final paychecks by a certain date after an employee has been terminated. This may mean that normal payroll processing time would be too slow, so make sure that people in payroll are aware it’s a final check that needs special attention and priority. Finally, in many states the time you have before the final paycheck is due is often based on how the employee was terminated, so check your state’s laws to find out how long you have.

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Toxic Mold Law

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Toxic Mold Law

Toxic mold problems in homes and commercial buildings have dramatically increased in recent years. Many of these problems result in legal claims. Experts and lawyers who handle mold-related claims give various reasons for this increase — including the increased emphasis on making buildings airtight; quick construction; faulty building techniques and materials; and increasingly complex building designs.

While many people have heard of “black mold,” in fact there are a variety of strains that can cause ill health effects to residents and occupants in homes, businesses, and places of employment. If you feel that you have been exposed to toxic mold in your home or place of business, you may wish to contact an attorney or law firm specializing in mold- related claims, to talk about your situation and protect your legal rights. Following is an overview discussion of toxic mold.

What Causes Toxic Mold in Homes and Buildings?

Mold spores are everywhere in the natural environment. They enter homes and buildings through windows, open doors, pets, or attached to people. Once the spore is in the home or building it must have abundant moisture, a food source, and a certain temperature range in order to grow.

Moisture infiltration is the main cause of building mold. Moisture may come from a wide variety of sources. Many modern homes and buildings are very airtight. This is great for efficiency, but not so great for allowing the structure to dry. For example, once moisture gets in through a pipe leak, faulty windows, roof leaks, or other sources, the water cannot evaporate. Mold is drawn to this moisture, and may grow on wet materials such as wood, insulation, ceiling tiles, and carpeting.

Mold – Warning Signs

There are a variety of warning signs that should lead a person to investigate a home or commercial building for potential mold infestation. The earlier an investigation takes place, the better the possibility that a home or building owner can reduce possible damages and adverse health effects caused by mold exposure.

Following are some of warning signs that may indicate the presence of dangerous mold:

Visible mold growth

Discoloration or water stains on internally facing walls or ceilings

Discoloration or water stains on externally facing walls

Areas of standing water or condensation on floors, walls, or window sills

“Musty” odor

Types of Mold

There are many types of mold that may occur in homes and office buildings — some sources say that there are over 100,000 different species. Some mold species are considered harmless, while others can cause potentially serious adverse health effects.

The most common mold types found in homes and offices are:

Cladosporium

Penicillium

Aspergillus

Alternaria

Stachybotrys atra

Why is Mold Harmful to Humans?

Certain molds produce volatile organic compounds (“VOCs”) or toxins as byproducts of their metabolism. VOCs generally evaporate at room temperature. In fact, when a person smells a “musty” odor, he or she is actually smelling the volatile organic compounds. Some VOCs produce adverse health effects in certain predisposed individuals. In contrast to VOCs, toxins do not evaporate easily, and some are considered very dangerous to humans. Regardless of whether a particular strain of mold produces VOCs or toxins, all molds should be considered potential health risks, and the presence of mold should lead to investigation, cleaning, and/or removal.

Illnesses Caused by Mold Exposure

Some of the most common illnesses associated with mold exposure are:

Worsening of allergies

Respiratory problems

Fevers

Nasal and sinus congestion

Burning and watering eyes

Worsening of asthma symptoms

Coughing

Sore throat

Flu-like symptoms

Skin irritation

Headaches

Mold Exposure Illnesses: Who is Most at Risk?

It is generally accepted that those who are most at risk of illness from mold exposure include:

People with allergies

People with conditions or diseases that weaken immune defenses

People with lung disease

The elderly

Young children

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Living Together Contracts

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Living Together Contracts

It doesn’t make sense to enter into an agreement in every relationship that you may have. You would make quite the impression showing up to a first date with a pen and paper in hand. Rather, living together contracts are more appropriate for long-term relationships where a significant amount of money, property and debt are expected to accumulate. These agreements may also be a good idea for older couples, to ensure that property is distributed upon their death as they wish. Finally, couples who just don’t believe in the institution of marriage, for whatever reason, should strongly consider such an agreement. Even if you’re morally or philosophically opposed to marriage, it’s still smart to define the relationship’s rights, obligations and how property is to be distributed.

Legality of Living Together Contracts

Contracts that function similar to marriage between unmarried couples have not always been on sound legal ground. The uncertainty behind nonmarital agreements came to an end in 1976, however, when the California State Supreme Court established the now widely held justification behind allowing nonmarital agreements. In the case, Marvin v. Marvin, the California Supreme Court held that:

Unmarried couples may enter into written and oral contracts that cover rights often associated with marriage (such as the rights to property acquired during the relationship).

Unmarried couples may create “implied” nonmarital agreements, without ever writing it down or expressly speaking about it. Rather, a court can evaluate the couple’s actions to determine if such an agreement has been implied in their relationship.

If no implied agreement is found, a judge can presume that the parties intended to “deal fairly with each other”, and grant one party rights and obligations consistent with equity and fairness.

Although most people don’t realize it, marriage is a legal contract between two people. It defines the rights and obligations that each party owes each other. It shouldn’t be surprising then, to learn that unmarried couples can create contracts between themselves that also define the rights and obligations that each partner owes the other. These contracts go by different names in different states but are often referred to as nonmarital agreements or living together contracts.

These contracts function similarly to prenuptial agreements, and set forth how money, property and debt among other things will be handled during and even after the relationship. It may seem extremely unromantic to ask your partner to make a contract with you, but in the process it will tell you a lot about yourself, your partner and the maturity of your relationship.

What Goes In a Living Together Contract

Living together contracts don’t need to be overly complex or contain legal-sounding language. To the contrary, it’s a better idea to make the agreement in plain language, and include as much or as little detail as the couple feels is necessary. Here are some items to consider:

Property accumulated during the relationship: it’s important to define how property acquired during the relationship should be treated. For example, if one person buys something during the relationship, do both parties own 50% of it? Does whoever bought it own it? What if the item is purchased using personal savings?

Property acquired by gift or inheritance: generally, people like to keep items received as gifts or by inheritance as separate property. If you and your partner want to do this, you need to write it down so there is no confusion.

Property from before the relationship: many people like to keep items received before the relationship began as separate property. If you and your partner want to do this, you need to write it down so there is no confusion.

Expenses: make sure you cover how expenses will be paid. This can be a huge area of disagreement, so it’s important to write down the expectations. For example, you might split them 50/50, make it proportional to income, or just pool your resources into one account and pay jointly.

Separation or death: although you may not want to consider it, it’s important to define what happens when the relationship ends. It’s important not to leave the status of property and money in limbo if a couple splits up.

Dispute resolution: in the case that a dispute arises, couples may want to define how it should be resolved. A typical example would include using mediation or arbitration before taking the matter to court.

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Tax Identity Theft Law

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Tax Identity Theft Law

Any type of identity theft can turn your life upside down. It creates financial problems and can tarnish your credit history, not to mention the time, money, and patience it takes to resolve. Now fraudsters are targeting your tax refund!

Tax-related identity theft occurs when someone uses your Social Security number (SSN) to file a tax return claiming a fraudulent refund. Thieves frequently file early to avoid detection, and make off with your refund before you’ve had a chance to file. The IRS reports that tax identity theft is on the rise.

What to Do If You Are a Victim of Tax Identity Theft

If you’ve been the victim of tax identity theft, it’s important to act quickly to prevent any additional fraud from occurring. You need to call the police right away. Unfortunately, your refunds will likely be delayed for an extended period while the IRS resolves the matter. A typical case can take about 180 days to complete. Follow these steps to secure your personal information and any refund rightfully due from the IRS:

1. Identity Theft Affidavit with the IRS If you did not receive a notice but believe you’ve been the victim of identity theft, contact the IRS Identity Protection Specialized Unit.

2. Respond to Any IRS Notice If the IRS receives a suspicious tax return filing, they may send a “5071C Letter” asking that you verify your identity. Typically, you can identify yourself over the phone or through the IRS’s Identity Verification Service website.

3. Report Fraud to Federal Trade Commission (FTC) Complaints from taxpayers help the FTC detect larger patterns of fraud and abuse. The FTC has a web-based reporting form that asks a few questions about the fraud you suffered. It should only take a moment to complete, and your participation will assist with the creation of programs to fight tax identity fraud.

4. Contact Your State Tax Agency Although criminals typically target your federal return, you will want to also contact your state tax agency to the report income tax fraud. Call either the state’s tax hotline or go to their website and find the fraud reporting procudeures. Some states require you to fill out a form to mail.

5. Place a Fraud Alert on Your Credit Record Call one of the nationwide credit reporting companies, such as Equifax, Experian or TransUnion. Ask for a fraud alert to be placed on your credit report. The company you call is required to contact the other two credit agencies so they will put the fraud alerts on their files too. An initial alert is good for 90 days. Taking this step makes it hard for someone to fraudulently open new accounts in your name.

6. Contact your Financial Institutions When someone has enough of your personal information to file a tax return, they may be able to access your bank accounts. Contact your bank and other financial institutions to have a fraud alert placed on your account. You need to get new credit cards issued, new debit cards issued, perhaps even close your checking and savings accounts and put them with another institution.

These are some Tax Identity Theft Warning Signs

Did you file your taxes only to have it rejected by the IRS because a return using your Social Security number was already accepted? Or, did the IRS send you a letter saying it identified a suspicious return using your personal information? These are signs that your tax identity may be in the hands of criminals. Other warning signs include (1) You owe additional taxes, refund offset, or have a collection action against you for a year you did not file a tax return. (2) The IRS indicates you received wages from an employer you can’t identify. (3) Your state or federal benefits were reduced or cancelled because a government agency received information reporting an income change.

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Land Use and Zoning Law

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Land Use and Zoning Law

Land use and zoning involves the regulation of the use and development of real estate. The most common form of land-use regulation is zoning. Zoning regulations and restrictions are used by municipalities to control and direct the development of property within their borders. Since New York City adopted the first zoning ordinance in 1916, zoning regulations have been adopted by virtually every major urban area in the United States. They exist all over the State of Utah, including Davis, Salt Lake and Utah counties.

Regulation of Development

Land-use regulation is not restricted to controlling existing buildings and uses; in large part, it is designed to guide future development. Municipalities commonly follow a planning process that ultimately results in a comprehensive or master plan, and in some states the creation of an official map for a municipality. The master plan is then put into effect by ordinances controlling zoning, regulation of subdivision developments, street plans, plans for public facilities, and building regulations. Future developers must plan their subdivisions in accordance with the official map or plan.

In recent years, an increasing emphasis has been placed on regional and statewide planning. Recognizing that the actions of one municipality will strongly affect neighboring cities, occasionally in conflicting and contradictory ways, these planning initiatives allow the creation of a regional plan that offers one comprehensive vision and one set of regulations.

Restrictive Covenants and Easements

Not all land use restrictions are created by governments. Land developers may also incorporate restrictions in their developments, most commonly through the use of restrictive covenants and easements: Restrictive covenants are provisions in a deed limiting the use of the property and prohibiting certain uses. Restrictive covenants are typically used by land developers to establish minimum house sizes, setback lines, and aesthetic requirements thought to enhance the neighborhood. Easements are rights to use the property of another for particular purposes. Easements also are now used for public objectives, such as the preservation of open space and conservation. For example, an easement might preclude someone from building on a parcel of land, which leaves the property open and thereby preserves an open green space for the benefit of the public as a whole.

Zoning Regulations

The basic purpose and function of zoning is to divide a municipality into residential, commercial, and industrial districts (or zones), that are for the most part separate from one another, with the use of property within each district being reasonably uniform. Within these three main types of districts there generally will be additional restrictions that can be quite detailed — including some of the following areas (a) Specific requirements as to the type of buildings allowed; (b) Location of utility lines; (c) Restrictions on accessory buildings, building setbacks from the streets and other boundaries; (d) Size and height of buildings; and (e) number of rooms.

These restrictions may also cover frontage of lots; minimum lot area; front, rear, and side yards; off-street parking; the number of buildings on a lot; and the number of dwelling units in a certain area. Regulations may restrict areas to single-family homes or to multi-family dwellings or townhouses. In areas of historic or cultural significance, zoning regulations may require that those features be preserved.

Limits on Zoning Regulation

Since land-use and zoning regulations restrict the rights of owners to use their property as they otherwise could (and often want to), they are at times controversial. Additionally, the scope and limits of governments’ ability to regulate land use is hard to define with specificity. Courts have held that a zoning regulation is permissible if it is reasonable and not arbitrary; if it bears a reasonable and substantial relation to the public health, safety, comfort, morals, and general welfare; and if the means employed are reasonably necessary for the accomplishment of its purpose.

Given the subjective nature of these factors, there is obviously a lot of room for disagreement, and on occasion litigation. One extremely difficult question presented in this area of law is how far land-use regulations may go without running into the constitutional prohibition against taking private property for public use without just compensation.

Challenges to Zoning Regulations

There are numerous other restrictions on the power of government to regulate land use, any of which may provide a basis upon which such regulations can be challenged. Zoning ordinances must be reasonable based on all factors involved, such as the need of the municipality; the purpose of the restriction; the location, size, and physical characteristics of the land; the character of the neighborhood; and its effect on the value of property involved. The rationale behind zoning is that it promotes the good of the entire community in accordance with a comprehensive plan.

Spot zoning of individual parcels of property in a manner different from that of surrounding property, primarily for the private interests of the owner of the property so zoned, is subject to challenge unless there is a reasonable basis for distinguishing the parcel from surrounding parcels. Restrictions based solely on race or occupancy of property are not permitted, and a classification that discriminates against a racial or religious group can only be upheld if the state demonstrates an overwhelming interest that can be served no other way.

In many jurisdictions, statutes have created boards of zoning appeals to handle these issues. These are quasi-judicial bodies that can conduct hearings with sworn testimony by witnesses and whose decisions are subject to court review. Given both the complexity of zoning law and the specialized nature of zoning appeals boards, an owner who contests a zoning requirement is ill advised to try to argue his or her case without legal assistance.

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Compliance Law

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Compliance Law

The Securities and Exchange Commission has announced that a brokerage firm has agreed to pay a $100,000 penalty to settle charges of compliance and trading surveillance failures.

Federal securities laws require firms to enforce policies and procedures to prevent the misuse of material, nonpublic information to which their employees routinely have access. The SEC’s order finds that Sidoti & Company LLC had no written policies or procedures in place from November 2014 to July 2015 as it pertained to those making investment decisions for an affiliated hedge fund that invested in issuers covered by Sidoti’s research department and some other issuers for which Sidoti provided investment banking services. For example, Sidoti maintained a “daily restricted list” of securities restricting personal trading because Sidoti was involved in investment banking or marketing activities or the firm was publishing research on the security. There were 126 instances from Nov. 3, 2014 to May 5, 2015 when the hedge fund traded in a stock that appeared on the daily restricted list.

“Sidoti did not devote sufficient resources to set up the requisite trade surveillance and compliance systems and failed to meet its obligation to prevent the misuse of material nonpublic information,” said Andrew M. Calamari. Without admitting or denying the findings, Sidoti consented to the SEC’s order finding that the firm violated Section 15(g) of the Securities Exchange Act of 1934.

SEC POSTS NOTICE OF IFRS TAXONOMY

The Securities and Exchange Commission today published a taxonomy on its website so that foreign private issuers that prepare their financial statements in accordance with International Financial Reporting Standards (IFRS) may submit those reports using XBRL. XBRL is a machine readable data format that allows investors and other data users to more easily access, analyze and compare financial information across reporting periods and across companies.

Foreign private issuers that prepare their financial statements in accordance with IFRS as issued by the International Accounting Standards Board may begin immediately to submit their financial statements in XBRL. Otherwise, all such foreign private issuers must submit their financial statements in XBRL for fiscal periods ending on or after December 15, 2017. “Foreign private issuers will use the published IFRS Taxonomy for IFRS financial statements, which will enable the public to take advantage of enhanced data analysis of those financial statements, as they already can with financial statements of issuers that prepare their financial statements in accordance with U.S. accounting standards,” said Acting Chairman Michael Piwowar. In 2009, the Commission adopted requirements for structuring certain foreign private issuer financial statements in XBRL once an IFRS taxonomy was specified on the Commission’s website, SEC.gov.

SEC APPROVES RULES TO EASE INVESTOR ACCESS TO EXHIBITS IN COMPANY FILINGS The Securities and Exchange Commission today voted to adopt rule and form amendments to make it easier for investors and other market participants to find and access exhibits in registration statements and periodic reports that were originally provided in previous filings. The amendments will require issuers to include a hyperlink to each exhibit in the filing’s exhibit index. Currently, someone seeking to retrieve and access an exhibit that has been incorporated by reference must review the exhibit index to determine the filing in which the exhibit is included, and then must search through the registrant’s filings to locate the relevant filing. “As the SEC looks for new ways to modernize financial disclosures, one of the easiest things we can do is add hyperlinks that automatically direct users to additional information on our EDGAR system,” said SEC Acting Chairman Michael Piwowar. “We are so accustomed to clicking hyperlinks on basically every website we visit, this commonsense solution will make life simpler for a lot of people.” The final rules will take effect on September 1, 2017.

The amendments require registrants that file registration statements or reports subject to the exhibit requirements under Item 601 of Regulation S-K, or that file Forms F-10 or 20-F, to include a hyperlink to each exhibit listed in the exhibit index of these filings, and to submit such registration statements and reports on EDGAR in HyperText Markup Language (HTML) format. Specifically: • Registrants will be required to include a hyperlink to each exhibit identified in the exhibit index, unless the exhibit is filed in paper pursuant to a temporary or continuing hardship exemption under Rules 201 or 202 of Regulation S-T, or pursuant to Rule 311 of Regulation S-T. This requirement will apply to the forms for which exhibits are required under Item 601 of Regulation S-K as well as Forms F-10 and 20-F. The final rules, however, will exclude exhibits that are filed with Form ABS-EE and exhibits filed in the eXtensive Business Reporting language (XBRL).

• Registrants will be required to file in HTML format the registration statements and reports subject to the exhibit filing requirements under Item 601 of Regulation S-K, as well as Forms F-10 and 20-F, because the text-based American Standard Code for Information Interchange (ASCII) format cannot support functional hyperlinks. While the affected registration statements and reports will be required to be filed in HTML, registrants may continue to file in ASCII any schedules or forms that are not subject to the exhibit filing requirements under Item 601, such as proxy statements, or other documents included with a filing, such as an exhibit.

The final rules will provide a longer compliance date for non-accelerated filers and smaller reporting companies and for certain filings on Form 10-D. Under the final rules:

• Non-accelerated filers and smaller reporting companies that submit filings in ASCII will not have to comply with the final rules until September 1, 2018.

• The compliance date for any Form 10-D filing that will require a hyperlink to an exhibit filed with Form ABS-EE will be delayed until SEC staff completes programming changes to EDGAR that will allow registrants to include the Form 10-D and Form ABS-EE in a single submission so that the required exhibit hyperlinks can be created at the time the Form 10-D is filed. The SEC will publish a notice in the Federal Register and on the SEC website announcing the compliance date for those Form 10-D filings.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

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Design Patent Law

There are three types of patents: design patents, utility patents, and plant patents. Utility patents are available for processes, chemicals, and machines. Plant patents are for the invention and asexual reproduction (reproduced by means other than from seeds) of a new and distinct plant. Finally, a design patent protects the design or unique appearance of a manufactured object. This article will focus on design patents, and more specifically, the elements of a design patent application.

It’s important to first understand what a design patent protects. A design is the “surface ornamentation” of an object, which can’t be separated from that object. The design can also be related to shape or configuration of an object. A design patent is available to those who invent a new and non-obvious ornamental design for an object. It’s important to understand that while the object and its design are inseparable, the design patent only protects the appearance of the object. Its functional or structural features will not be protected by a design patent.

In order to receive patent protection, an inventor is required to file an application with the United States Patent and Trademark Office (USPTO). A person can file a provisional patent application in order to protect his or her invention while figuring out the specifics of the invention and thinking about whether or not to actually patent the invention. A non-provisional application starts the official examination process to determine if the particular invention is eligible for patent protection. Generally, a non-provisional patent application includes the description and claims of the invention, drawings (if necessary), a declaration or oath, and various fees.

The information you will need to provide for a patent application will vary according to what type of patent you are seeking. When you are seeking to obtain a design patent, you will need to include the following: (1) A preamble that states the applicant’s name, a title for the design, and a brief description of the intended use and nature of the object that the design is a part of; (2) A cross-reference to any other applications related to the design patent application; (3) A feature description as well a description of the figure(s) of the drawing; (4) Photographs or drawings of the design; and (5) A declaration or oath by the inventor. You are only permitted to make a single claim within a design patent application, and you must make a statement regarding any federally sponsored research or development for the design. In addition to the application, you will also need to pay a filing, search, and examination fee to the USPTO.

The most important aspect of a design patent application is the drawing (or photograph) of the design that the person is seeking patent protection for. Thus, it’s imperative that all drawings (or photographs) included with the application are of the highest quality and conform to all the rules and standards required by the USPTO.

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Parental Rights Law

One of the biggest parental rights is the right to consent or object to the adoption of ones child. Generally, adoption requires the consent of both parents, provided they meet certain requirements. To gain parental rights, including the right to object to adoption, biological fathers unmarried to the mother must not only establish paternity, but also demonstrate a commitment to parenting the child.

Acknowledging Paternity

Proactively establishing paternity is an important step in committing to help raise a child. Paternity determinations typically take the form of civil lawsuits which utilize DNA testing to establish the identity of the child’s father. A biological father wanting a say in adoption decisions should establish paternity as soon as possible. Failure to establish paternity can prevent an unmarried father from gaining any parental rights at all. Waiting too long can demonstrate a lack of commitment to parent the child. This can even mean needing to establish paternity before the birth of the child in certain cases, such as when the mother indicates early on in pregnancy a desire to put the child up for adoption.

Timing and Unaware Fathers

Fathers who do not know of their children until after the fact can find themselves out of luck in regards to adoption decisions. In some states, the clock on when a father should acknowledge paternity and start providing for the child begins running when the child is born (or even during pregnancy), not when the father learns about the child. Courts have held that fathers unaware of their children may not later object to the children’s adoption, particularly when the fathers lack of knowledge was his own fault.

The facts of each case will differ, but to give himself the best chance of guaranteed input in adoption decisions, an unmarried father should not wait to learn about potential children. He should proactively seek out knowledge of any children he may have fathered and take all steps possible to establish a parental role.

Commitment to Parenting

Beyond acknowledging paternity, unmarried fathers must meet a larger requirement demonstrated commitment to parenting in order to gain constitutionally protected paternal rights. This means providing for the child’s material and emotional needs, and attempting to form the fullest possible parental relationship with the child. Establishing a committed parental role typically includes helping pay pregnancy expenses, birth expenses and child support expenses after delivery. Some courts consider the fitness of the father to parent when determining his commitment to parenting. Fathers who do not provide support during pregnancy and beyond, who cannot show the ability to provide support, or who have demonstrated drug or alcohol problems can be denied the right to object to adoption. The degree to which an unmarried father has the opportunity to play a parental role in the childs life often varies. However, doing everything he can to form a parental relationship, making himself as available as possible, and seeking legal recognition parental rights as soon as possible helps a father best position himself to maintain a say in adoption and other parental decisions.

Objecting to Adoption

Depending on state law, fathers who do not consent to the adoption of their child should file an objection to the adoption in the appropriate court, or in some cases with the state health and human services department. Often, an objection to adoption must include an indication of intent to petition for custody of the child in a short period of time, 30 days, for example.

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Wage Garnishment Law

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Wage Garnishment Law

When you have an unpaid debt, your creditor can seek a court order to take money directly from your paycheck. This process is known as wage garnishment. Your employer is required to withhold a portion of your wage and send it directly to the creditor. You can lose up to half your paycheck to garnishments while the debt remains unpaid.

Wage garnishments can have serious consequences on your ability to afford the essential of life. Fortunately, there are laws in place to protect you. Let’s take a closer look at wage garnishment law. Securing a wage garnishment generally requires your creditor to go to court and get a judgment against you. If there is no court case and no judgment, there cannot be a wage garnishment (unless you expressly authorized it beforehand). State law requires certain procedures be followed. Failure to do so you may be grounds to overturn the judgment.

Step 1: A final demand must be sent to your last known address. It will inform you that a debt is owed and unless you arrange payments with the creditor, a creditor lawsuit will be filed. Step 2: If you don’t negotiate a payment plan, the creditor will file a Request for Garnishment on Wages in court. An attempt to serve the court papers must be made. You will need to go to court to protest the Request. Step 3: If you don’t dispute the action, the court typically signs the Request and it becomes a Writ of Garnishment. A “writ” is a formal command ordering a person or entity to take some action. Step 4: The Writ of Garnishment must be served on your employer via certified mail, restricted delivery, private process or sheriff/constable. Step 5: Your employee will begin withholding the required amount from your paycheck.

Title II of the Federal Wage Garnishment Law, Consumer Credit Protection Act (CCPA) limits the amount of an individual’s earnings that may be garnished. Consumer debt can be withheld up to 25% of your disposable income. For these purposes “disposable income” means all income after taxes. This doesn’t include deductions for your living essentials like rent, food, and insurance.

This garnishment percentage applies no matter how many garnishments are in place. That means if you have three creditors with judgments, they must share the 25% of your disposable income. However, if the garnishment is for child support, the limit could be as high as 60 percent of disposable income.

They type of your debt will determine how much can be withheld and whether you have the right to go to court first. Remember the following: Child support garnishments can attach to your paycheck without a court proceeding. Child support garnishments may withhold up to 65% of an employee’s paycheck, using state-specific formulas.

Tax levys are initiated by federal, state or local agencies. Each state differs in its requirements and most will release or modify the levy if it causes an immediate economic hardship. If you pay child support, you need to contact the tax agency directly. IRS and other tax agencies will release from levy the amount you need to pay court ordered child support. Bankruptcy, under Chapter 7 or Chapter 13, stops almost all garnishments. The “automatic stay” created by federal law prevents the continued collection of debts after you file bankruptcy. The “stay” goes into effect immediately upon filing your case. It is “automatic” because it doesn’t require getting a court order. Instead it’s effective by the very act of filing your bankruptcy petition. Tax levies and federal student loan garnishments are stopped temporarily by a bankruptcy filing, but may resume when the bankruptcy is finalized. Ongoing spousal or child support will continue regardless of bankruptcy filing.

Creditor garnishments are debts that occur when a person is delinquent on consumer payments, such as credit card debt. The creditor may take the debtor to court and seek a wage withholding order for the outstanding debt. Private creditors, including consumer loans, credit cards and mortgages can withhold up to 25% of your disposable income.

Student loans are either private or federal loans. A private student loan is treated like any other debt, and allows for garnishments up to 25% of your disposable earnings. A single or consolidated federal loan is withheld up to 15%. The U.S. Department of Education may contract with collection agencies to enforce and collect the defaulted loans but that does not allow them to collect at a higher rate.

Can I Be Fired If I Get a Garnishment?

No. You cannot be fired or disciplined over one wage garnishment, but you may not be protected if you receive additional garnishments. The Consumer Credit Protection Act does not apply if you have multiple wage garnishments. In fact, some states even allow employers to seek reimbursement for administrative costs related to handling multiple garnishments.

Wage Garnishment Lawyer Free Consultation

When you need legal help with a wage garnishment, please call Ascent Law (801) 676-5506 for your free consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

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