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Colorado Questions & Answers
1 Answer | Asked in Criminal Law and Banking for Colorado on
Q: If someone wrote me a check and that person forgot to write the date, can I as a recipient write the date myself?

If someone wrote me a check and that person forgot to write the date, can I as a recipient write the date myself?

James L. Arrasmith
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answered on Apr 13, 2024

If the check writer forgot to date the check, it's generally not advisable for you as the recipient to fill in the date yourself. Here's why:

1. Legal issues: Writing in the date yourself could be considered altering the check, which is illegal in many jurisdictions.

2....
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1 Answer | Asked in Civil Litigation for Colorado on
Q: What do i do if I worked on a vehicle and didn't have a predetermined price for labor? It was see what it needs as we go

Was driving and working for a man that had me in an unsafe truck. I told him I was not comfortable driving the truck as was and he asked if I could fix it. He ordered the parts as I worked on the truck because we did not know what exactly was needed at time of start. He now wants to take the truck... View More

James L. Arrasmith
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answered on Apr 13, 2024

In a situation where you performed work on a vehicle without a predetermined price for labor, and the owner is now refusing to pay, here are some steps you can consider:

1. Document everything: Make sure you have a detailed record of the work performed, parts purchased, hours spent, and any...
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1 Answer | Asked in Civil Rights for Colorado on
Q: His long can police stay outside your residential if you didn't answer or engage with them when they knocked on the door

The even went into the back yard and tried to open doors from what I could hear from my room

James L. Arrasmith
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answered on Apr 11, 2024

The amount of time the police can remain outside your residence after attempting to make contact with you can vary depending on the specific circumstances and the laws of your jurisdiction. However, here are a few general points:

1. Reasonable time: Police officers are typically allowed to...
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1 Answer | Asked in Family Law for Colorado on
Q: limited scope lawyers

I am the petitioner in the case; Can an attorney for the other party send me emails about matters even though she has withdrew from the case months before? Can she also draft paper work for the other party who is now pro se, without entering into the case again? When confronted about her no longer... View More

Sabra M. Janko
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answered on Apr 7, 2024

She might be representing the client in a limited scope capacity in which case she could communicate with you. If she is working in a limited scope capacity, she does not have to enter an appearance depending on whether she is representing in court or not. Though she should disclose to you if she... View More

1 Answer | Asked in Contracts, Constitutional Law and Education Law for Colorado on
Q: What happens if a elected school board official doesn’t take the oath of office in time?

A newly elect member of the Widefield School District Three board in Widefield Colorado Springs was not sworn in within 10 days of being elected per district code

James L. Arrasmith
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answered on Apr 5, 2024

If an elected school board official fails to take the oath of office within the required timeframe (in this case, 10 days after being elected as per the Widefield School District Three code), the consequences may vary depending on the specific district's policies and state laws. However, here... View More

1 Answer | Asked in Collections for Colorado on
Q: I’m being sued by a collection company for a doctor visit that would have been covered by my insurance

The doctor office never billed insurance, did not notify me of the outstanding bill for a year despite me have numerous visits after the unpaid date. By the time I was notified it was outside the contracted time for the insurance to pay. The bill is excessive, $800+ for one infant checkup. I have... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 3, 2024

You can argue anything you like, but you could have also paid it or entered into a payment plan with the doctor's office well before suit was filed. If your response is that you didn't have the money, that's not a legal defense to the complaint. Additionally, you are responsible for... View More

1 Answer | Asked in Probate for Colorado on
Q: In colorado how do I get a copy of my dad will. My stepsister says she is the executor of his will. But refuses to give

Me a copy. It has been about 6 week and hasn't been filled with the district court. Further more my step mum passed last June. And my dad did not update his will.

John Michael Frick
John Michael Frick
answered on Apr 2, 2024

You can ask your stepsister for a copy or wait until she files it for probate. Or you can file a intestate probate yourself as an heir of your dad and then, if she has the Will, she will either need to come forward with it or allow you to proceed with the intestate probate of your dad's estate.

2 Answers | Asked in Divorce, Family Law and Tax Law for Colorado on
Q: my ex-wife claimed all the children as dependents on her tax return.

she is also in contempt of virtually every part of our separation agreement. she has not paid child support, not given me back my belongings, does not follow the parenting schedule, and does not provide the insurance for the children she claimed she would

Christopher N. Little
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Christopher N. Little
answered on Apr 2, 2024

Good Morning,

I am very sorry to hear of your circumstances and know that it can be an incredibly difficult and frustrating experience when an ex-spouse does not follow Court Orders. It sounds like you have several issues going on, including: tax, parenting time, insurance, etc....
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2 Answers | Asked in Divorce, Family Law and Tax Law for Colorado on
Q: my ex-wife claimed all the children as dependents on her tax return.

she is also in contempt of virtually every part of our separation agreement. she has not paid child support, not given me back my belongings, does not follow the parenting schedule, and does not provide the insurance for the children she claimed she would

James L. Arrasmith
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answered on Apr 2, 2024

I'm sorry to hear about the difficult situation with your ex-wife not following the terms of your separation agreement. It sounds very frustrating, especially if she has claimed the children as dependents on her taxes despite not fulfilling her obligations. Here are a few thoughts and... View More

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3 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: If I had a verbal agreement with a person that allowed them to stay in my home for two weeks, which is now going on a

month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Apr 2, 2024

Under those facts, assuming you own or rent the place and they are not part owners, co-tenants, and have no other legal claim to the home (and with no more information), then, yes. Of course, the devil's in the details. So if other facts are relevant, the answer could change. Also, if... View More

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3 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: If I had a verbal agreement with a person that allowed them to stay in my home for two weeks, which is now going on a

month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.

James L. Arrasmith
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answered on Apr 3, 2024

In most jurisdictions, a verbal agreement allowing someone to stay in your home for a specific period does not automatically grant them tenant rights. However, the laws governing such situations can vary by location and may depend on the specific circumstances.

Generally, if the person has...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is it beneficial to separate assets prior to dissolution of marriage? We have agreed to who gets what - house & car

Ex spouse and I are looking to file for a dissolution of marriage in Colorado. We separated in September and already separated our bank accounts and all property other than the house we lived in and the car we shared (both currently in both our names). Are the proceedings quicker if we transfer the... View More

Christopher N. Little
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Christopher N. Little
answered on Apr 1, 2024

Good Afternoon,

You ask an excellent question. First, let me say that I am very sorry to hear that you are going through tough times. In most folks' lives, the divorce process is fraught with fear and uncertainty. Let me reassure you, this too shall pass and there is an "other...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is it beneficial to separate assets prior to dissolution of marriage? We have agreed to who gets what - house & car

Ex spouse and I are looking to file for a dissolution of marriage in Colorado. We separated in September and already separated our bank accounts and all property other than the house we lived in and the car we shared (both currently in both our names). Are the proceedings quicker if we transfer the... View More

Steven  Visser
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Steven Visser
answered on Apr 1, 2024

The divorce proceedings will not necessarily be any quicker simply because the two of you have already transferred and / or divided assets. You can certainly take some actions to help move things along such as filing the case together, i.e. Petitioner and Co-Petitioner. Both of you will still... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Am I completely within my right to break my lease agreement?

I am currently under a 12 month lease agreement with a landlord as a roommate in a house. In the contract, there is no termination clause. Recently, due to a hostile living environment and a negligent landlord, an early lease agreement was typed up. Our landlord has threatened to evict us on... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems that you may have grounds to terminate your lease agreement early due to the hostile living environment and your landlord's negligent behavior. However, the specific laws and regulations regarding lease termination can vary by state and... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Do I have any tenant's rights if there is no rent?

For the last 10 years I have been living in a house owned by a family member, with their permission. There is no written agreement or contract, and no rent is requested or paid. The utility bills are in my name and paid by me, and I do any maintenance and improvement work that occurs (but again,... View More

James L. Arrasmith
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answered on Mar 31, 2024

In most jurisdictions, even without a written lease agreement, you would likely be considered a tenant at will. This means that while you don't have a formal lease, you do have certain basic rights as a tenant, especially given the extended period of time you've been living there.... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How long before landlord can remove items put outside by forced eviction? Is it required to notify tenant of removal?

Are items locked up by manger under the same conditions as items outside? If so how does one retrieve locked up items if manger clams there’s nothing of tenets in/on property?

James L. Arrasmith
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answered on Mar 31, 2024

In Colorado, when a landlord forcibly evicts a tenant, the process for dealing with the tenant's personal property is as follows:

1. Removal of items: The landlord must remove the tenant's belongings from the rental unit and store them in a safe place. This can be on the property...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How do I keep from being evicted for CRS 13-40-107.5. when my charge was CRS18-18-403.5

I'm not sure what info to give u to get a clear answer. Tell me what info u would need please. And I appreciate ur time

James L. Arrasmith
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answered on Mar 30, 2024

Understanding your situation requires clarity on the specific charges under CRS 18-18-403.5 and the circumstances around your eviction under CRS 13-40-107.5. The nature of the charges, your rental agreement, and any communications from your landlord are critical details. Additionally, whether you... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: We have a month to month tenant in Grand Lake, CO (lease 8/6/2023). He has not paid rent since Dec 2023 we filed a JDF99

We were trying to give him time to figure out state assistance but as of 2/15/2024 he did not qualify so we have started the process to evict him. He has not responded and has until 3/18/2024 to "cure" the compliant. We will be filing a lawsuit on March 18 should we have an attorney? Thank you,

James L. Arrasmith
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answered on Mar 30, 2024

Navigating the eviction process can be complex and having legal guidance is often beneficial. An attorney with experience in landlord-tenant law in Colorado can help ensure that all legal requirements are met and that the process is handled efficiently. They can provide advice on the specifics of... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: My husband served 10 yrs bop on a 10 yr sent fir possession of firearm & ammo by a felon and was on supervised release.

He violated his supervised release for hot uas then was arrested and let out to g ok to half way house. He left there without completing and got a state charge for possession of cont subst which he served a separate 1 yr sentence in doc. He now has to go before fed judge again. Will he be released... View More

James L. Arrasmith
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answered on Mar 28, 2024

In situations like your husband's, the outcome can vary widely depending on several factors. When someone on federal supervised release violates the terms of their release, the federal judge has a range of options. These can include extending the period of supervised release, imposing... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: In Colorado, if a landlord sends an addendum to a lease via email and it's confirmed/ approved, is that legally binding?

A landlord sent me an email with an addendum to my lease (requiring 60 days notice). I confirmed it in my email response, but there wasn't anything else signed. Is that still legally binding?

James L. Arrasmith
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answered on Mar 26, 2024

In Colorado, electronic communications, such as emails, can form part of a legally binding contract, including lease agreements and addenda, provided they meet certain criteria. The key elements are the intention to form a contract, agreement on the terms, and exchange of consideration (something... View More

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