Legal Question in Business Law in Utah

Re: Praecipe

I have never heard of this form either, if that makes you feel any better! :) I would contact the court in the county you are trying to serve in and ask them what it is. Hopefully, they will be kind enough to either send you a copy of the form or at least point you in the direction of where you can obtain one. Usually the clerk's office is pretty good about sending local forms to out-of-town parties. You might also want to try searching the web for a website that is run by that county. Most of the counties in California have there local forms online that you can print out and then fill it out on a typewriter. However, since it is Montana I wouldn't be surprised if they didn't have that yet. Good luck.

Sincerely,

John Hayes, Esq.

Re: Praecipe

I am an attorney licensed in Utah as well as several other states. A praecipe is a legal document which is used to attach property. Montana may have a requirement or option that allows a pre-judgment attachment of property. Not knowing what was in your complaint, I am at a bit of a loss to understand exactly what the Montana Sheriff wants.

Did you file the complaint in a Montana court or a Utah court?

Did you have a written contract which gave you legal rights as to where a lawsuit would be brought or the law of a particular state applies? Have you contacted that Utah Dept. of Business and the Contractor licensing board?

You may have a cause of action for fraud, which can give you attorney fees in addition to money damages and/or other relief. You may call to discuss your situation. No charge.

(801) 876-4422

Al Lundgren