Displaying items by tag: Provo

The Legalities of Land Use and Zoning

Zoning regulations and restrictions are used by municipalities to control and direct the development of property within their borders. Whether you need to get an easement in order to reliably access your property, looking at property for a new business, or have other land use and zoning law questions, a real estate attorney should be able to help. The attorneys at Robinson, Seiler & Anderson in Provo are well versed in the legalities of real estate law as well as land use and zoning. Below are some of the basic legalities to help you understand Land Use and Zoning Regulations.

 

The Function of Zoning Regulations

The basic purpose and function of zoning is to divide a municipality into residential, commercial, and industrial districts that are for the most part separate from one another, with the use of property within each district being reasonably uniform. Within these types of zones there are specific restrictions that must be adhered to such as; specific requirements as to the type of buildings allowed, location of utility lines, restrictions on accessory buildings, building setbacks from the streets and other boundaries, size and height of buildings, and number of rooms.

 

Limits set in Place for Zoning Regulations

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. With these limits set in place it could lead to a lot of disagreement. Having the right attorney who is well versed in real estate law can help you when you disagreement turns into a litigation case. That is where the attorneys at Robinson, Seiler & Anderson in Provo can help. In many jurisdictions, statutes have created boards of zoning appeals to handle these issues. 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.

 

Call our office today to schedule an appointment with one of he experienced attorneys at Robinson, Seiler & Anderson in Provo.

 

When to Involve your Lawyer for an Auto Insurance Claim

If you find yourself to be a victim of a car accident you will soon find yourself involved with an auto insurance claim as well. These can be difficult waters to tread on your own. With the help of a Lawyer from Robinson, Seiler & Anderson in Provo you can find your way through these troubled waters with the advice and experience we have to offer. Listed below are some instances in which you will want to involve your lawyer during the auto insurance claim process. 

 

When there have been Extensive Damage on Injuries

If the accident you were involved in caused serious damages and injuries, an attorney can certainly be helpful when it comes to filing a claim and handling settlements. If you have sustained injuries, the most important thing for you to do is recover. Leave the stress of dealing with the insurance companies, filling out paperwork and making numerous phone calls to your attorney.

 

Figuring out who is at Fault

If determining who caused the accident is something you are dealing with, an attorney can be hugely helpful. Lawyers like the ones at Robinson, Seiler & Anderson in Provo, who specialize in auto accidents will understand how to determine who was at fault. They will work with the law enforcement officials who handled your accident, look at police reports, assess the details at the scene of the accident and will speak with your insurance company and the other party’s insurance company. Your lawyer will be able to fight your case and present who was at fault for the accident with the expertise and knowledge you need.

 

If you are Unable to Work

If the accident you were involved in caused injuries that have left you unable to work, an accident attorney will certainly be able to help you. If you are left unable to work, you may lose wages, or there may even be a chance that you will lose your job. Your lawyer will speak with your insurance company and the other party’s insurance company to determine who is responsible for covering any wages that you may lose while you are recovering. Also, your attorney will be able to speak with your place of work, notifying them of the extent of your injuries and the laws that protect injured workers.

 

When is the Right Time to File for Bankruptcy?

Bankruptcy can be a difficult subject to talk about. Wondering if and when you should file for bankruptcy is a hard choice to make. Talking with the bankruptcy attorneys at Robinson, Seiler & Anderson in Provo can help you to get a better idea when it comes to your situation and if it is the right time to file for bankruptcy. Listed below are some steps to take to help you decide if now is the right time.

 

Asses your Financial Situation

To help you in deciding if now is the right time to start the bankruptcy process we have provided some questions you need to ask yourself below.

·         Do you only make minimum payments on your credit cards?

·         Are bill collectors calling you?

·         Does the thought of sorting out your finances make you feel scared or out of control?

·         Do you use credit cards to pay for necessities?

·         Are you considering debt consolidation?

·         Are you unsure how much you actually owe?

If you have answered yes to two or more of the questions above then you really need to reevaluate your financial situation. If you owe more money than you can actually afford to pay off then bankruptcy might be your answer. If the value of your assets is less than the amount of debt you owe, declaring bankruptcy may be one way out of a sticky financial situation. However, bankruptcy shouldn't be approached casually. After all, it's not a simple, easy cure-all for out-of-control debt.

 

How to Declare for Bankruptcy

You can go bankrupt in one of two main ways. The more common route is to voluntarily file for bankruptcy. The second way is for creditors to ask the court to order a person bankrupt. There are several ways to file bankruptcy, each with pros and cons. You may want to consult a bankruptcy attorney at Robinson, Seiler & Anderson in Provo before proceeding so you can figure out the best fit for your circumstances.

 

If you feel like now is the right time to file for bankruptcy make sure you schedule a consultation with the bankruptcy attorneys at Robinson, Seiler & Anderson in Provo as soon as possible. Stop by our office or check out our website for more information.

Facts about Motorcycle Accidents

Motorcycle accidents are always unfortunate for everyone involved. The more you know about what causes motorcycle accidents and how to avoid them the better. If you do find yourself to be the victim of a motorcycle accident you can trust the personal injury attorneys at Robinson, Seiler & Anderson in Provo to help you with your case and get you the money you deserve. Below are some facts about motorcycle accidents we want you to be aware of.

 

·         Only about ¼ of motorcycle accidents are single vehicle accidents involving the motorcycle colliding with the roadway or some fixed object in the environment.

·         In multiple vehicle accidents, 2/3 of the accidents are caused by the other vehicle violating the motorcycle's right-of-way.

·         The failure of motorists to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents. The driver of the other vehicle involved in collision with the motorcycle did not see the motorcycle before the collision, or did not see the motorcycle until too late to avoid the collision.

·         Visibility and conspicuousness of the motorcycle is a critical factor in the multiple vehicle accidents, and accident involvement is significantly reduced by the use of motorcycle headlamps (on in daylight) and the wearing of high visibility yellow, orange or bright red jackets.

·         Motorcycle riders between the ages of 16 and 24 are significantly overrepresented in accidents; motorcycle riders between the ages of 30 and 50 are significantly underrepresented. Although the majority of the accident-involved motorcycle drivers are male (96%), female motorcycle passengers are significantly overrepresented in the accident data.

·         The typical motorcycle accident allows the motorcyclist just less than 2 seconds to complete all collision avoidance action.

·         The likelihood of injury is extremely high in motorcycle accidents: 98% of multiple vehicle collisions and 96% of the single vehicle accidents resulted in some kind of injury to the motorcycle rider; 45% resulted in more than a minor injury.

·         The use of heavy boots, jacket, gloves, etc., is effective in preventing or reducing abrasions and lacerations, which are frequent but rarely severe injuries.

·         The most deadly injuries to the accident victims were injuries to the chest and head.

·         The use of the safety helmet is the single most critical factor in the prevention of reduction of head injury.

 

For more information regarding personal injury claims make sure you talk to one of our experienced personal injury attorneys at Robinson, Seiler & Anderson in Provo. We can give you the answers you need.

How to Know if you need a Collections Attorney

When you a small business owner you rely on the payments from your customers to pay your bills and stay in business. So what happens when your final notices just aren’t working? How do you get the money you are owed? The Attorneys at Robinson, Seiler & Anderson in Provo can help you get the money you deserve with a collections attorney. Listed below are some ways a collection attorney can help you in your situation.

 

How to Collect Business Debts

If you’ve completed the work or delivered the product, sent the invoice, and have received no response, you still have some options. Use a measured approach to collect on the account. Start by sending a debt collection letter, reminding the customer or account-holder of their missed payments and providing an opportunity to correct the situation. You can send an initial letter, a follow-up letter, and a final demand letter before escalating further. If you still don’t have a response from your customer you can begin the legal processes of collecting debt.

 

How a Collections Attorney can Help

A collections lawyer can help you in a number of ways. First, you can receive personalized help with your situation. A lawyer will be able to explain the proper procedures and help you draft a well-crafted debt collection demand letter or offer other solutions to your issue. A lawyer may also be able to advise you on whether to use a collection agency or seek a court-based remedy to ultimately collect on the debt, by filing a lawsuit and hopefully receiving a judgment in your favor. A collections lawyer can also guide you through the process of collecting on your judgment.

 

If you find yourself in a situation where you are unsure whether you can collect the debts you are owed on your own or if you need a collections attorney, schedule a consultation with the Attorneys at Robinson, Seiler & Anderson in Provo. We can advise you on the steps you need to take in order to get the money you are owed.

Your Rights in a Home Owners Association

 

HOA’s or Home Owners Associations can have its upsides and its downsides. It all depends on your personal preference of neighborhood and the rules you have to adhere to. We at Robinson, Seiler & Anderson Law Firm in Provo, Utah can help you with any issues that may arise when living in a HOA. Listed below are your rights as a home owner in a HOA neighborhood.

 

 ·         Homeowners deserve to be informed of their voting eligibility if they do not qualify to vote per the governing documents before a vote is held.

 

 

·          Homeowners deserve a response to an inquiry, unless of course the inquiry is ludicrous or threatening, or the demand(s) are intended to harass.

 

 

·         Homeowners deserve a reasonable opportunity to vote in importantelections or to appoint another to vote on their behalf.

 

·         Homeowners should expect that HOA financial and other records will be kept in a routine manner for reasonably easy access.

 

·         Homeowners should get a timely notice and a fair opportunity to be heard if the HOA intends to take disciplinary action against them.

 

·         Homeowners should get a timely notice and a fair opportunity to be heard if the HOA intends to take disciplinary action against them.

 

Every HOA varies by state and location. We always advise you to obtain your rights when you move into an HOA. If you feel like your rights have not be adhered to the lawyers at Robinson, Seiler & Anderson Law Firm in Provo, Utah can help. We have experience when dealing with Home Owners Associations and are well versed in the rights that are available to you.

 

How Bankruptcy can affect your Business

 

 

 

 

You will often hear a lot about personal bankruptcy and how it can affect your home and family, but what if you are an owner of a small business? The bankruptcy attorneys at Robinson, Seiler & Anderson in Provo can help you with all over your bankruptcies needs as a business owner. Below are just some of the things that could happen when you file for bankruptcy and the different types of bankruptcy to consider filing with a small business.

 

Filing Chapter 7 Bankruptcy

This type of bankruptcy is referred to as liquidation. Chapter 7 bankruptcy filing is suitable for a business that does not plan on staying open. This is because this type of filing does not include any type of repayment plan. This is the suitable choice for sole proprietors and small businesses. However, the bankruptcy code allows for the debtors to keep some “exempt property.” But with this type of filing, it is expected that there will be some sort of loss of property. Consulting with your attorney at Robinson, Seiler & Anderson in Provo before filing for a Chapter 7 bankruptcy is always recommended.

 

Filing Chapter 11 Bankruptcy

This type of bankruptcy allows your business to recover. So Chapter 11 is referred to as repayment and sometimes reorganization. The filing of a Chapter 11 bankruptcy is suitable for corporations and limited liability companies although some sole proprietorships have chosen to file Chapter 11. Because it allows an organization to recover and restructuring is included, Chapter 11 does involve additional scrutiny by the bankruptcy courts. Small businesses that file for Chapter 11 bankruptcy are treated differently than regular bankruptcy cases and are called a “small business case.” A small business case is referred to by the bankruptcy code as a case with a “small debtor.”

 

The Impact of Filing for Bankruptcy

In the case of a sole proprietor, if you as the business owner choose to file for Chapter 7 bankruptcy, the business automatically files, as well. This is the case because you are a sole proprietor. There is nothing that separates you, the owner, from the business. Because there is no separation when a sole proprietor files for bankruptcy, their personal credit standing is a risk. Chapter 11 bankruptcy is considered to be the choice for businesses with a large amount of assets. Although Chapter 11 bankruptcy affords your business the chance for reorganization and restructuring, it often is a complicated and costly process. You will need to retain an accountant and a bankruptcy attorney from Robinson, Seiler & Anderson in Provo to assist you with these matters although the bankruptcy code makes it possible for small businesses to file.

View Our Testimonials Announcement

Norman H. Jackson, Utah Court of Appeals Judge, Retired, has joined the law firm of Robinson, Seiler & Anderson, LC, effective April 2017.  Judge Jackson was one of the seven founding Judges of the Utah Court of Appeals and served terms as Presiding and Associate Presiding Judge.
 
Judge Jackson was the senior attorney in a Richfield law firm for eighteen years.  The firm engaged in legal, business and tax cases, including practice before State and Federal Courts, U.S. Board of Land Appeals, Utah Public Service Commission and Arizona Corporation Commission.  Clients included counties, cities, banks department stores, communications and credit associations, irrigation companies, auto dealers, building supply stores, farmers, ranchers and small businesses. They took “every type of case that came through the door,” from criminal defense work to a patent royalty dispute for the inventor of the Frisbee. Judge Jackson has been a lifetime rancher doing business in Utah as Jackson Cattle Company and Arizona as EJ Cattle Ranches.
 
Judge Jackson’s professional service includes terms on the Utah State Bar Commission, Bar Foundation (President and Vice President), Air Travel Commission, and Utah Information Technology Commission.  He served on the Judiciary’s Alternate Dispute Resolution Committee for thirteen years and initiated and supervised the Appellate Court Mediation Office.  He developed and advanced a realistic and workable framework for both of Utah’s Appellate Courts to use in reviewing trial court and administrative agency decisions.  He published three editions of Utah Standards of Appellate Review while participating in more than 2,000 appellate court decisions.  
 
Judge Jackson’s experience will complement the other outstanding lawyers at Robinson, Seiler & Anderson, LC.  The firm will continue its representation of injured individuals, as well as clients in real estate, business, estate planning, tax, contract and education matters.
 

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