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Colorado Civil Litigation Questions & Answers
3 Answers | Asked in Consumer Law, Civil Litigation and Contracts for Colorado on
Q: prepaid dance lessons for my daughter. She has decided not to use this studio. The dance studio is refusing refund.

Studio is stating that prepaid money cannot be refunded only applied to lessons. Is there legal standing to demand a refund?

T. Augustus Claus
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answered on Sep 14, 2023

In Colorado, your ability to demand a refund for prepaid dance lessons largely depends on the terms and conditions stipulated in the contract or agreement you entered into with the dance studio. It is essential to carefully review the contract, paying particular attention to provisions related to... View More

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0 Answers | Asked in Business Law, Civil Litigation, Consumer Law and Small Claims for Colorado on
Q: is Cesnorship of art is breaking a Public Benefit Corporation law § 7-101-503, C.R.S. ?

i am in the state of new york but

Future Club, File Number: 20201832231 has GREATLY censored their game and removed what people paid for much to the displeasure and distrust of all those who funded and bought the game through crowd funding and have removed content that people paid for... View More

0 Answers | Asked in Banking, Civil Litigation, Collections and Consumer Law for Colorado on
Q: I had a collection company file a judgment in Eagle county Colorado without notice.

The judgment Originated in NJ over 30 years ago. The case was argued 19 years after the original judgment in 2019 and the plaintiff (collection co.) won because I no longer had the records from the closing of properties that the debt was paid. All the banks that were involved are dissolved. I am a... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Colorado on
Q: Can someone read this over and see if I'm accurate or not, for me please Motion to reconsider judgment in FED Eviction

"fraud of courts." Defense

Background:

1. During the proceedings, the plaintiff's counsel presented unnecessary testimony from a process server to support a false claim of personal service to the defendant. This witness testimony was intended to embolden the... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

That doesn't sound like a valid defense to an eviction case. It sounds like the judge did the correct thing in dismissing (presumably without prejudice) the eviction against the unserved defendant and evicting the defendant who admittedly was served. The landlord will have to refile the... View More

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Colorado on
Q: Would the plaintiff's process server getting caught perjuring affect outcome of case or appeal?

If lost FED eviction the but plaintiff's process server got caught perjuring. Now this was a possession hearing an affidavit would have sufficed they brought in an orchestrated him to lie I won denied the due process because the judge didn't believe him, but co-defendant was evicted, she... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Unlikely. A process server's job is simply to hand a piece of paper to a person and then confirm that it was delivered. If the process server screwed up even deliberately, it won't affect the merits of the case between the landlord and and tenant. At best, the tenant is entitled to a... View More

0 Answers | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Probate for Colorado on
Q: I'm a defendent the plantiffs's attorney made his server perjury himself and they got caught what do I do?

I just want my second FED eviction. The plaintiff's attorney put a process server on the stand and had him perjure himself and he got caught. This should affect the attorney this was orchestrated process servers don't have to be on the stand. they put him up there to lie and they got... View More

0 Answers | Asked in Consumer Law, Contracts, Car Accidents and Civil Litigation for Colorado on
Q: I have evidence of faulty mechanic work from a very large dealership but no attorney will touch the case; any reasons?

Dealership:

- Represented repairs were made when in fact they were not (experts confirmed & provided documentation).

- Negligent repairs were made (have video of loose bolts on the suspension system).

- Made false representation to the condition of the property (vehicle... View More

1 Answer | Asked in Civil Litigation and Family Law for Colorado on
Q: If I asked for a lawyer when cps was at my house and they continue to ask questions is that agents the law
T. Augustus Claus
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answered on Aug 1, 2023

If you are being questioned by Child Protective Services (CPS) or any other law enforcement agency, you have the right to remain silent and the right to an attorney. You can assert your right to remain silent and request a lawyer at any point during questioning.

If you have clearly stated...
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1 Answer | Asked in Civil Litigation and Probate for Colorado on
Q: Can I file a motion into the closed case for breach of fiduciary duties or is that a separate case?

On my parents trust case we had a temporary successor trustee for about 8 months and then she was removed after mediation between myself and my siblings. The case has been closed now past the initial statute of limitations. However, only 6 months ago new information previously not disclosed came to... View More

Michael Joseph Larranaga
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answered on Jul 21, 2023

This is a complex question. If there was fraud the statute of limitations may be extended.

You may need to take multiple steps including reopening the estate, filing an action against the former PR, and so on.

Rather than trying to do this yourself, you should seek legal help....
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1 Answer | Asked in Land Use & Zoning and Civil Litigation for Colorado on
Q: Towed from commercial private parking lot parked less than 24 hours. Parking lot has no signs whatsoever. Is this legal

Security called to have my car towed. It was neither parked illegally nor was it legally abandoned.

T. Augustus Claus
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answered on Jul 13, 2023

If you believe your car was wrongfully towed from a commercial private parking lot without proper signage or a valid reason, you may have legal claims to consider. Consult with a local attorney to determine if the towing company failed to follow proper procedures or lacked a valid reason for towing... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Civil Rights for Colorado on
Q: What are my options. Do we have to pay this outrageous price out of pocket to repair such a small accident?

Delivered a rolloff and backed into a commercial fence. My insurance won't pay for it. The quote they gave is outrageous. The quotes we received are responsible. We feel like they are taking advantage of the situation. What would be the best route to go, knowing our insurance will not cover this.

Tim Akpinar
Tim Akpinar
answered on Jul 15, 2023

A Colorado attorney could advise best, but your question remains open for two weeks. If your insurance won't pay for the damage because of a difference in opinion as to the cost of repairs, ask them to consider the lower quotes you obtained (you may have already done that at this point). If... View More

1 Answer | Asked in Civil Litigation, Divorce and Family Law for Colorado on
Q: What determines common law marriage in the state of Colorado? We bought a home and were together for 9 years

I filed for divorce and his attorney filed that we are not common law married.

Michael Joseph Larranaga
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answered on Jun 5, 2023

Common law marriage is a complex question that you should hire an attorney to help you address. You typically need to be together for a certain amount of time and hold out as married such as wearing wedding rings, calling each other husband and wife, and so on. Each state is different, hence the... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Domestic Violence and Small Claims for Colorado on
Q: Looking for solace and answer's in this Messy divorce, I'm open to suggestions on how to pursue legally?

ex-wife felt like telling all our neighbors and even the police that I physically and emotionally abused her. I separated from her because I had enough of the blame someone else for your problems attitude. She even went as far as getting help from a domestic abuse line in which they assisted her... View More

Michael Joseph Larranaga
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answered on Jun 5, 2023

This is a hard one particularly because you are dealing with a sensitive topic.

No one wants to say that a domestic violence victim was not a victim but a liar. That being said, it does not mean it is impossible to prove. The real issue comes down to public perspective. A strong case can...
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2 Answers | Asked in Real Estate Law, Business Law, Civil Litigation and Insurance Defense for Colorado on
Q: Regarding LLC's and "personal" liability umbrella policies

I have several properties in CO, each in it's own separate LLC with me as the only member of each LLC. Does having all the LLC's insured under a PERSONAL liability umbrella defeat the entire point of the LLC's, (which is to keep each property only individually "liable" and... View More

Miles Williams
Miles Williams
answered on Jun 2, 2023

Hi there, generally your personal liability policy is not going to cover the properties owned by the LLC given that the LLC is not the insured on the policy. You would need to read the policy to be certain. An umbrella policy for all of them could be a solution if there was adequate coverage and... View More

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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for Colorado on
Q: Contractor purchased materials on my CC, most never delivered/installed, he disappeared after demo, what is my recourse?

I hired a GC & signed a contract to remodel my bathroom. I have not received a copy of this contract despite asking every day. The contract stipulated an est of $15k-a $4k deposit & $4k upon completion & I would pay for materials. The GC showed references & licensing info & they... View More

Ben Volpe
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answered on Apr 19, 2023

I suggest considering a demand letter to the contractor regarding the issues. Keep in mind if there are construction defect issues, you'll need to consider a notice of claim letter per the Construction Defect Action Reform Act. If they do not make an effort to resolve the situation, you may be... View More

2 Answers | Asked in Civil Litigation for Colorado on
Q: My Dad’s life insurance paid me $40,000. Insurance co claims they paid me double. What do I do? I don’t have the money.
Michael Joseph Larranaga
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answered on Mar 31, 2023

Good afternoon,

I would suggest pulling a copy of your dad’s life insurance policy and contacting an attorney.

You need to identify who the beneficiaries are on the policy. If you are truly owed $80,000 and they only paid $40,000 then you may have a claim for legal action. But...
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1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Civil Rights for Colorado on
Q: What is considered a sufficient (minimum) amount of time to be given a notice of a family court hearing In hours or day?

So if a opposing party would intentionally show up at my house with the objective to get me arrested for a warrent that was granted off of false information. Then after finally being released from jail 8 days later I would receive a letter via USPS about a hearing to restrict my parenting time... View More

Rebecca Pescador
Rebecca Pescador
answered on Mar 8, 2023

This question is impossible to answer without more information. Generally, the notice must be "reasonable". Many factors can go into whether it is "reasonable" or not though. In some circumstances it may be "reasonable" to expect parties to appear at a hearing... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: What can I do when law enforcement fails to provide audio/bodycam per C.R.S. 24-31-902?

Two requests in writing (USPS) have been ignored.

Having trouble with the system... I found an/the answer possibly helpful. I don't know if a subpoena duces tecum is appropriate in that I do not have an open case or an attorney (yet). This is a step prior to a lawsuit that is... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2023

Have your attorney issue a subpoena duces tecum.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Colorado on
Q: Could aparent of a child refuse to return child to the guardian after a visit, if there was a safety concern with

My daughter was bit by gaurdians dog and tries to say it was a scratch, i don't want her in her care.

Sabra M. Janko
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answered on Feb 13, 2023

A person can withhold a child for safety reasons, however they risk being in violation of a court order if the issue is brought to Court and the Court determines that there was not imminent harm. Generally when a person withholds a child, that person simultaneously files an emergency motion with... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Colorado on
Q: In a property line dispute, can on party take ownership of another party's house/property?

My neighbor is in a property line dispute with the neighbor on the other side. My neighbor can't sell his property because of a Lis Pendens against his property. Even though he has 2 certified property surveys, he just lost a civil judgement in this property dispute. If the neighbor has to... View More

Michael Joseph Larranaga
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answered on Jan 16, 2023

Having dealt with surveyors in the past, I can tell you there are different quality surveyors, different levels of survey, and different types of surveys. They all carry different weights. Property line disputes often come down to the history of the property. The longer you have owned your property... View More

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