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Tag: collection

If I’m asked to take a urine test in the courthouse, will someone watch me?

Probably. The schemes and technology for providing fake urine samples have advanced so much and are available so easily to everyone that most urine collection that courts order is observed during the collection process to ensure that it “naturally” comes out of the body of the person who is subject to the urinalysis.

And it’s not just at the courthouse where urine samples are observed coming out of the body. That can be ordered to happen at a drug testing facility or hospital, at home, anywhere, really.

Utah Family Law, LC | divorceutah.com | 801-466-9277

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If losers pay winners’ attorney fees, why not hire the most expensive attorney?

If the losing side in a civil suit generally pays the winner’s attorney’s fees, why doesn’t everyone hire the most expensive attorneys?

First, because the U.S. generally does not follow the “loser pays” rule. Some states have such rules, and some cases have such a rule, but it’s not a universal rule in the U.S. (it should be, but I digress).

Second, because nobody knows in advance whether he/she is going to prevail in the law suit, so even if you were in a jurisdiction that followed a “loser pays” rule, that would not guarantee who the winner or loser of a particular law suit will be. So, hiring a very expensive lawyer “knowing” you’ll win the case and thus be awarded all of your attorneys’ fees is extremely irrational.

Third, the winner doesn’t necessarily get a judgment for all attorney’s fees incurred in prosecuting the case to completion, but only what the court deems to be “reasonably incurred” attorney’s fees. So, if you hired an attorney who charges twice as much as what the court deems reasonable, the judge would award you half of what you actually incurred, not the full amount.

Fourth, even if you were awarded most or all of the attorney’s fees you incurred, you’d still have to collect those fees from the losing party, which is often an expensive endeavor in its own right. Some people think that if you win a judgment against someone that the court hands you a coupon you can redeem for the money. Not so. And party against whom you obtained the judgment doesn’t have to just write you a check on the spot either. Worse, the loser could file for bankruptcy and just discharge the judgment debt.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/If-the-losing-side-in-a-civil-suit-generally-pays-the-attorneys-fees-why-doesnt-everyone-hire-the-most-expensive-attorneys/answer/Eric-Johnson-311

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Garnishing Wages and Other Funds to Collect Child Support

If child support arrears are documented and filed with the state or a judgment has been placed on arrears, can an insurance claim to the person who is behind have a lien put on it to deduct the arrears amount owed in child support?If child support arrears are documented and filed with the state or a judgment has been placed on arrears, can an insurance claim to the person who is behind have a lien put on it to deduct the arrears amount owed in child support?

In Utah (where I practice), yes.

62A-11-312.5. Liens by operation of law and writs of garnishment:

(1) Each payment or installment of child support is, on and after the date it is due, a judgment with the same attributes and effect of any judgment of a district court in accordance with Section 78B-12-112 and for purposes of Section 78B-5-202.

78B-12-112. Payment under child support order — Judgment:

(3) Each payment or installment of child or spousal support under any support order, as defined by Section 78B-12-102, is, on and after the date it is due:
(a) a judgment with the same attributes and effect of any judgment of a district court, except as provided in Subsection (4);
(b) entitled, as a judgment, to full faith and credit in this and in any other jurisdiction[.]
And under the procedures and due process protections provided by Rule 64D, Utah Rules of Civil Procedure, you can apply for a writ of garnishment against the obligor’s personal property in the possession of a third party.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/If-child-support-arrears-are-documented-and-filed-with-the-state-or-a-judgement-has-been-placed-on-arrears-can-an-insurance-claim-to-the-person-who-is-behind-have-a-lien-put-on-it-to-deduct-the-arrears-amount-owed-in-child-support

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