Lawyers, Answer Questions  & Get Points Log In
Colorado Collections Questions & Answers
1 Answer | Asked in Family Law, Collections and Consumer Law for Colorado on
Q: My father and I own a motorcycle and vehicle together if he gets sued do I lose the property? How does that work?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 3, 2017

If you are both on title, then you and your father are co-owners. The motorcycle can be included as property for both your and your father (i.e. it is a potential assets in a lawsuit). If judgment includes the bike (meaning that no other assets can meet the payment required by a successful lawsuit... View More

1 Answer | Asked in Collections and Contracts for Colorado on
Q: What rights do I have to take inventory of Mary Kay product that I payed for that was intended to be used another.

We payed her startup fee and 1800 for her inventory and we are having her move out and are almost positive we will not be payed back and would like to take the product so that it can be returned to gert our money back.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 12, 2017

Absent a written agreement there is no definite course of action for either party. A lot turns on the specifics of the situation. For this you will need to pay a lawyer for their opinion.

1 Answer | Asked in Business Law, Collections and Personal Injury for Colorado on
Q: Can a lawyer call you on your personal phone and at work to collect a personal debt owed to his friend?

He is a personal injury attorney who is contacting me about a friend I supposedly owe money to. He even sent me a text asking for my address. I doubt he has a fee agreement with the other party but it feels like harassment at this point. I'm not trying to sue him but can I make a complaint to... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 8, 2017

Yes.

1 Answer | Asked in Consumer Law, Contracts, Collections and Landlord - Tenant for Colorado on
Q: If I cannot afford to pay my rent, would my credit score be affected even though I have a co-signer?

My name is on the lease agreement, however I am not the co-signer. My credit is in good standing, but I have heard that a default on rent payments is very negative towards credit score. Is this true, or will my credit score be unaffected since the co-signer is obligated to pay the remaining rent... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 18, 2017

Any non-payment (when reported) will negatively impact your credit score, just like any payment on time will beneficially impact your score. If the rent is paid (it does not matter who paid it) there should be nothing to report. If there is a non-payment, this can be reported. It is a wholly... View More

1 Answer | Asked in Collections for Colorado on
Q: My neighbor was served my court summons instead of me. Can my case get thrown out because of this?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 11, 2017

There is a defect in service, however you clearly were notified despite the incorrect personal service. As a result, there is no definitive answer. A lot will depend on the judge and the actions of the two parties.

1 Answer | Asked in Business Law, Collections, Lemon Law and Consumer Law for Colorado on
Q: The company didn't pay return shipping cost for wrong item shipped. UPS held me responsible for the bill as a shipper

The company shipped to me freight delivery that I never have bought from them. After long dialog with different departments of this company I received promises from Claims Department to resolve this problem and they are working on it. They are ordered pickup of their merchandise. But they did not... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 4, 2017

You may have grounds for a case. You should continue to try to seek an agreement between you and the seller (not UPS), but if this does not work litigation is your best choice. You likely qualify for small claims court. You may need an attorney for assistance, but you are not required to have an... View More

1 Answer | Asked in Collections for Colorado on
Q: If me and my former roommate have a collections account open on the money owed to an apartment and i pay my half can i

Get the other half removed from my name?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 13, 2017

Review the documents that created the account. For most roommate situations, all parties listed on the lease agreement are jointly and separately liable for all the required payment(s). In other words, you may be required to pay the full 100% of the deficiency to the landlord. If this occurs, you... View More

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Colorado on
Q: Can I collect fees associated with my small claim against a person I contracted for and will not pay documented amount?

I delivered a package for a gentleman I just started working with. We didn't have a contract, but I have many text messages documenting the time worked, receipts, and him saying he will pay me a specific amount.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 19, 2017

Yes you can. Contacts can be formed via oral agreements, text messages, performance (action), and written agreement. Be aware that you have to prove that an agreement was formed. Based on your facts the text messages should prove this, but also collect any receipts or other evidence that you... View More

1 Answer | Asked in Collections and Tax Law for Colorado on
Q: I got a 1099 for a settlement i didn't get!! How do i look in to thid to find out what's going on?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 8, 2017

The 1099 should list the person/entity that submitted the 1099. Contact them to see if there was a clerical error. If there is an assertion that no error was made (and you can prove that you did not receive this compensation), you can file an appeal with the IRS or file a return expecting an audit... View More

1 Answer | Asked in Consumer Law and Collections for Colorado on
Q: I'm being garnished for a debt I don't even know if I owe from 24 years ago. How can I get ANY info on original incident

IE; the year occurred, who owed to, original amount owed, any $ pd towards already. They are planning on collecting close to $10000.00 from me for this "mystery debt" I supposedly occurred 24 YEARS ago (the lawyer has been going to court every 6 years on it, unbeknownst to me). I am a... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 8, 2017

Lenders can make mistakes, but if there are court orders there is a better likelihood that there is some merit to the lender's claim. Bankruptcy is an option. You will need to contact a bankruptcy attorney for a full review of your situation (also mention the vagueness of the debt). Unrelated,... View More

1 Answer | Asked in Consumer Law and Collections for Colorado on
Q: Someone told our friend from a credit union it was a serious crime to not park the car she is financing at her address

Clarification: The credit union advertises itself as a helpful way to find solutions and have a reasonable deal. The friend is simply making payments to the credit union, she is not an employee of theirs. They have not given her hardly any equity after almost four years of payments of over 100 each.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 1, 2017

What?! Provided that the person is current on the loan or lease on the car, it can be parked anywhere she chooses. Some loan agreements have clauses that may restrict hiding a car or leaving the listed address if payments are not current. These types of clauses are wholly civil matters and carry no... View More

1 Answer | Asked in Collections and Consumer Law for Colorado on
Q: Are there special rules (in Colorado) governing the collection of debts that are a result of criminal fines?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 1, 2017

Yes and no. Civil fines and criminal fines/restitution are found in different code sections (criminal fines are found in the criminal code). Both systems operate the same manner and have similar collection procedures and penalties for non-payment. Criminal fines (unlike civil) can impact other... View More

1 Answer | Asked in Collections for Colorado on
Q: Hi, I live in Colorado. A collection agency put a lein on my home 6/2014, for the total amout of my debt $3,150

I had been paying on debt for 3 years regularly. I was recently served via mail a motion to revive judgement for the unpaid balance + costs in the amount of $1,269. Is this legal?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 14, 2016

Without looking at all the materials and facts of the case I cannot provide a definitive answer, but it is generally legal in Colorado to charge cost and interest on unpaid debts. I am not sure if "regularly" means that you are current on the debt (from you facts I think you are not, but... View More

1 Answer | Asked in Employment Law, Collections and Workers' Compensation for Colorado on
Q: I was hurt on the job back in 2012. The court ordered my employer to pay but didn't. Now my paychecks are garnished.

How do I get this stopped. And paid back. Because of this I haven't been able to feed my family

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 14, 2016

I do not understand how you, as the injured party, have your wages garnished... If the garnishment occurred due to unrelated matters, the best advice is to contact an attorney you can handle both the garnishment and the unpaid disability pay.

1 Answer | Asked in Consumer Law and Collections for Colorado on
Q: A company is calling all my family saying I am being sued and they need to find me is this legal

A company I assume is a collection agency but maybe a lawyers office has called several of my family members across the US saying it is urgent they get me because I am being sued in court for fraud. First can someone really tell my family or friends such personal information.? Also wouldn't I... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 10, 2016

Collection agencies often skirt the law. In most states, they can lawfully contact relatives and sometimes neighbors/employers. Lawyers are different because they are restrained in some collection tactics, but they can easily file a lawsuit to collect. There can be legitimate reasons to contact... View More

1 Answer | Asked in Collections, Contracts and Probate for Colorado on
Q: My friend signed a promissory note to me and loaned me money. Her husband didn't sign. She passed away and his attorney

Said I have to pay him. Not a problem. When he passes, I don't surely have to pay his heir? This note was not transferred by my friend to be collected. Husband is sole heir

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 3, 2016

It is correct that the note must be paid to the surviving spouse, his heirs, the executory of either person or any one who possesses the note. The promissory note is a "negotiable instrument" and can be transferred to anyone who can seek collection. If you don't pay, anyone holding... View More

1 Answer | Asked in Collections and Consumer Law for Colorado on
Q: Can a finance company for a car loan come back later claiming they're still money owed back in 2010. Now 2016

They sent a letter thanking me for paying off the loan in full and signed title over.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 1, 2016

The bank should have provided you with an explanation of how the error occurred and how much the claimed error is in dollars. If they provide documentation and are correct, you will have to pay the missed payment(s). However, you cannot be charged interest or penalties (unless there is evidence of... View More

1 Answer | Asked in Probate and Collections for Colorado on
Q: My Father passed away unmarried in June. I received a bill for him at my address

for the ambulance ride. Am I responsible to pay this debit?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 27, 2016

His estate is likely responsible for the debt. You are not generally liable UNLESS you have already probated/distributed all assets from his estate to your personal accounts. There are several exceptions to this rule, so contact a probate attorney for guidance. Lastly, the personal representative... View More

1 Answer | Asked in Collections for Colorado on
Q: I have a question, my feonce has been given a garnishment levy and has been garnished more than once is that legal in th

State of wyoming? To use the same garnishment Levy to collect more money from him when the 127.02 plus the 7.36 for cost of service is already payed for

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 25, 2016

I'm not sure what is happening here... If you are asking, can two garnishments occur concurrently, the answer is generally yes.

1 Answer | Asked in Collections for Colorado on
Q: how do i request funds i am entitled to from the judge that are currently sitting in the district court registry
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 24, 2016

The best way to handle this is to visit your local courthouse and ask the clerk. They will direct you to the correct form.

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.