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Michael Sundwall
Miguel Garcia, RETIRED
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Claimed Lawyer ProfileQ&A
Education
- University of Utah
- J.D. | Law
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- University of Utah
- B.A. | Accounting
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- Honors: magna cum laude
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Professional Experience
- Attorney
- Miguel Garcia, RETIRED
- - Current
- Attorney, Managing Partner
- Law Office
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- Law Clerk
- Legal Aid Society
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- Law school internship assisting low-income individuals in various family law issues.
- Law Clerk
- Utah Legal Services, Inc.
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- Law school internship assisting elderly, low-income individuals by preparing wills, trusts and other estate planning documents.
Professional Associations
- Utah State Bar # 07780
- Member
- Current
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- Salt Lake Community College
- Guest Lecturer
- - Current
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Jurisdictions Admitted to Practice
- Texas
- State Bar of Texas
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Fees
- Free Consultation
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Rates, Retainers and Additional Information
$9,950 flat fee (plus court filing fee) for most cases -- PayPal & Venmo accepted
Practice Area
- Cannabis & Marijuana Law
- Marijuana Business Formation, Medical Marijuana
Legal Answers
- Q. I was served I responded they never filled. I was served again. What are my rights?
- A: Sounds like you were served with a 10-day summons. The plaintiff can you use a 10-day summons to serve a lawsuit (summons & complaint) without having to pay the court filing fee. Once the papers are served, the plaintiff has 10 days to file a lawsuit. The summons should have stated on it that you are not required to respond or file an answer to the complaint unless the lawsuit is filed within 10 days after you were served. If it was not filed within 10 days, the plaintiff has the right to have you served again, then file within 10 days. Sorry, but you still must defend against the newly served papers. Your rights have not changed because the plaintiff failed to file the complaint within 10 ... Read More
- Q. I need help understanding Utah Sec. 78B-2-309(2). Someone is trying to use it against us saying they no longer owe us.
- A: The Utah code section you reference is a statute of limitations on written contracts. It says you cannot collect on a debt created through a written contract more than six years after that became do or the most recent payment was made. However, this statute limitations applies to unsecured debts. If you had a deed of trust properly executed and recorded at the County Recorder against the home, there is no statute of limitations. Your dad would be collectible indefinitely unless some action was taken in the bankruptcy court to have the second mortgage stripped. This can be done when the total debt exceeds the value of the house. Absent those circumstances, your deed of trust should still be ... Read More
- Q. Am I allowed to file an exemption on a piece of property I own if it's not my primary residence?
- A: Utah homestead exemption laws allow you to exempt up to $5,000 for an individual or $10,000 for a married couple of equity in real estate that is not being used as your primary residence.
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