Lawyers, Answer Questions  & Get Points Log In
Colorado Questions & Answers
1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My Grandson signed a lease with his roommate. The roommate is now spending his portion of the rent on drugs

My Grandson is now paying for himself and roommate. What are my Grandson's options ?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Feb 2, 2023

You should probably have your grandson talk to an attorney.

His roommate’s actions could constitute theft, unjust enrichment, or other. The lease will govern much of what your grandson can do. Just generally, your grandson may wish to move out. Heavy drug use often leads to bad...
Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can an apartment complex change the date rent is due before being charged a late fee, from the date in the lease?

My lease says I have until the 8th of each month, but my complex says they've changed the date to anytime after the 1st.

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Feb 1, 2023

As with all legal questions, it depends.

CO has very recently passed certain laws relating to late fees. The change may be an attempt to comply with that law. But it sounds like they may be moving in the wrong direction. If they start to charge you late fees then you may wish to reach out...
Read more »

3 Answers | Asked in Business Law for Colorado on
Q: What kind of lawyer do I need? I own an assisted living home and one of my clients fell and they are sueing me
D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 1, 2023

Defense Attorney, Trial Attorney, Litigation Attorney all describe what you need.

View More Answers

1 Answer | Asked in Personal Injury for Colorado on
Q: My daughter had a slip and fall accident in Colorado but lives in Florida. Can she retain an attorney in Florida ?
Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Feb 1, 2023

It depends. Determining where a case must be brought, can be brought, and who can practice in front of those courts is a question of law. Therefore, you need to talk to an attorney, maybe in both states.

That being said, here are a few comments to aid in your search for an attorney....
Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: A warrant for a cell phone is the warrant supposed to state exactly what is being searched for what about Facebook?

Is a person supposed to be named in a social media or cell phone search

Jason R Wareham
Jason R Wareham
answered on Jan 29, 2023

In general, a warrant should reasonably describe the location to be searched. When it comes to online material, a lot of identifiers can reasonably describe the location (e.g., account name, account link, profile like, cell number, username, etc.). Not necessarily a name.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can my ex refuse to allow me to pick upour kids at the time that's stated in our parenting plan?

We have a current parenting plan that states I have my children every other weekend starting on Fridays at 5:00. My ex has filed a motion to restrict my parenting time alleging that he thinks the children are endangered due to my boyfriend breaking and entering while the children were here which is... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 27, 2023

You mention that your ex filed a motion to restrict your parenting time. If he did so, then there is an automatic injunction that suspends your parenting time until you both get in front of a judge. If he filed on January 20, then there should be a hearing date set by now. The Court has to hear... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is it legal for my landlord to tell me about his other tenants and vis Versa with out my consent

My landlord is telling his other tenant's all my business about eviction

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Jan 27, 2023

Free speech is generally protected by the 1st amendment. That being said, the 1st amendment does not protect all types of speech. It has long been recognized that false statements may give rise to a legal claim for defamation. While not criminal in nature, false statements can give rise to civil... Read more »

2 Answers | Asked in Divorce for Colorado on
Q: I got divorced, was to have my equity by12/30/22. She is finally selling the house. Do I have any recourse for delay?
Rebecca Pescador
Rebecca Pescador
answered on Jan 27, 2023

From a legal perspective, this isn't a very long delay. So the answer would depend on a couple of factors.

First, how does your Decree read other than when she was to pay the equity? Is there any language about indemnifying you from harm? If so, that would be useful. If there...
Read more »

View More Answers

1 Answer | Asked in Traffic Tickets and Car Accidents for Colorado on
Q: Careless driving fine with a date to appear in court. First ever offense will there be jail time?

Hit another vehicle but no one was injured.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 26, 2023

More information is needed, however if it's a garden variety careless operation citation, you should not be facing any jail time. That said, any moving traffic citation (which careless operation is), can impact your insurance rates and thus, your pocket book monthly, for a few years so I... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Hello. Is there a way to block a child support modification since the mother refuses to allow me to see the children.

She requested a child support modification and it had nearly doubled. The mother has not allowed me to see the children nor communicate wirh me. She has left the state twice and I couldn't find them for years so how do I stop or block the child support modification? I have not received... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

The short answer is no, you can't block a child support modification because the other parent is denying you parenting time. Under Colorado law, the beginning and end of what child support and parenting time have to do with each other is in calculating the overnights.

That does not,...
Read more »

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can my ex wife use my name? Legally changed her name 2010. Harassing landlord to get me evicted due to custody issues.

My ex-wife moved to Nebraska at the end of 2021. My landlord notified me that she called using my last name to get information about my apartment and living arrangements. She absolutely insisted that they take pictures and invade my privacy. She was curious as to who all was on the lease. She also... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

If I am following your explanation correctly, you have been divorced for some time, and in 2010 your ex-wife changed her name so it was no longer the same as your last name. Her legal name is now, and has been for many years, her prior name.

If that is the case, then no, she cannot legally...
Read more »

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: What happens if my ex doesn't follow the separation agreement that is part of the final orders in our divorce decree?

In Colorado, my ex agreed in the separation agreement to pay me half of the mortgage since his name is on the house too. The separation agreement is part of the final orders of our divorce decree. Now he's saying he's not going to pay it. Isn't that a violation of a court order, and... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

If your final orders say that he is to pay 1/2 of the mortgage and he is not doing so, then yes, that is a violation of the orders. Yes, you can file a motion for contempt.

Remember that when you file contempt you need to be able to prove 4 main elements: 1) there was an order requiring...
Read more »

1 Answer | Asked in Estate Planning, Family Law and Child Custody for Colorado on
Q: When creating a will do I have the right to state that I don’t want my minor child around certain people till age 18

My child’s paternal grandmother is a addict and a child abuser and is not allowed around or alone with my child until he turns 18 preferably 21 years old

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

The answer to this is essentially a 2 part answer.

First, yes, you absolutely have the right to express that in your Will. There is broad freedom to include things in your Will. That includes statements about who you prefer to finish raising your minor child, conditions around any...
Read more »

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: When having a person served papers do you have tp use a process server or sheriff.

My ex tried hand delivering papers to restrict my parenting time

Brock Richard Wood
Brock Richard Wood
answered on Jan 24, 2023

When serving process on a person in Colorado under Colorado Rule of Civil Procedure (C.R.C.P.) 4, any person who is a US citizen 18 years of age or older can be the process server. That person can be a private process server, a Sheriff's deputy, or even a friend or relative of the party to the... Read more »

View More Answers

2 Answers | Asked in Bankruptcy, Estate Planning and Tax Law for Colorado on
Q: How can I protect my separate assets (cash, savings, car) from my spouse’s potential future debt claims

How can I protect my separate assets (cash, savings, car) from my spouse’s potential future debt claims (IRS seizure, collection lawsuits from business and credit card creditors)? Divorce is not anticipated. This is in Colorado.

Timothy Denison
Timothy Denison
answered on Jan 24, 2023

Keep all of your assets titled in your name only.

View More Answers

2 Answers | Asked in Bankruptcy, Estate Planning and Tax Law for Colorado on
Q: How can I protect my separate assets (cash, savings, car) from my spouse’s potential future debt claims

How can I protect my separate assets (cash, savings, car) from my spouse’s potential future debt claims (IRS seizure, collection lawsuits from business and credit card creditors)? Divorce is not anticipated. This is in Colorado.

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

This can be a tricky question, and it is my understanding that the answer may vary for different purposes, so it would be wise to also get opinions from a bankruptcy attorney and a tax attorney as well. This answer is going to be from an estate planning and family/divorce perspective. I do not... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Colorado on
Q: When could I be charged for my house fire under CO recklessness law?

In late July, I had a fire that started from an occult altar, possibly the cat knocking a candle over. It had multiple candles and was near alcohol. I was practicing this at the time but I am not anymore.

I had a fire limited to my condo, and no person got hurt except the cat who might have... Read more »

Sean Maye
Sean Maye
answered on Jan 24, 2023

Colorado law defines the crime of arson as intentionally, knowingly or recklessly setting fire to, burning, or using an explosive in order to damage or destroy your own property, or to damage or destroy the property of another without that person's consent.

Technically, what...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Colorado on
Q: I believe evidence was withheld from me culminating in entering a plea agreement under duress. What can I do about this?

I never saw the photos of evidence sized or the police body worn camera footage before entering into this plea agreement. Also I was able to view the body camera footage three days before my sentence was handed down and the acting DA never returned my lawyers phone calls and messages. The original... Read more »

Sean Maye
Sean Maye
answered on Jan 24, 2023

First and foremost, if you did not see essential evidence/videos prior to your plea agreement and you would not have accepted the plea agreement if you had viewed the essential evidence/videos, that is certainly grounds for withdrawing your plea. The practical effect of this is that the case... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: My judge at court said that I signed an illegal plea and pulled my plea and then charged me on an aggravated level. ??

Can my judge change my charges and is signing an illegal plea grounds for dismissal?

Sean Maye
Sean Maye
answered on Jan 24, 2023

In a Rule 11 advisement form (i.e., plea agreement contact), one of several paragraphs that a defendant has to initial is an acknowledgement that the judge does not have to accept the plea agreement if they find that it's not appropriate or illegal. If someone can be subjected to aggravated... Read more »

1 Answer | Asked in Probate and Wrongful Death for Colorado on
Q: Do I have any rights here? Is he my husband?

Last year my s/p and I filed taxes together. He recently was killed by a drunk driver. We were together 4 years. I told his mother I already filed taxes for this year which I plan on doing. We were practically married and everyone knew it. He made this huge post on FB claiming me etc. I’m his... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 24, 2023

First, my condolences on your loss. Please make a little time to take care of yourself. You have a lot going on and I'm sure it's more than overwhelming. You'll make it through it. You have to take care of yourself so you can keep your wits about you.

This is a really...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.