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Colorado Small Claims Questions & Answers
0 Answers | Asked in Small Claims for Colorado on
Q: Can I sue a co-borrower who was supposed to refinance a car loan for defaulting on it instead?

There are two owners of the vehicle and one has been trying to get off the lease for months now. But the other owner; the primary owner said he was keeping the car, but has not refinanced or tried to sell the car to pay off the loan. Therefore impacting both parties credit. The other owner has... Read more »

0 Answers | Asked in Small Claims for Colorado on
Q: Can I take ophthalmologist to small claims for a failed cataract surgery to recover the upgraded lens cost.

I paid cash for an upgraded IOL lens, resulting vision was not as promised or represented by Dr. or manufacturer claims. He did PRK surgery to correct and it made it worse. It could not be corrected with contacts or glasses. A year later I went to another ophthalmologist and had it removed and... Read 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... Read 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...
Read more »

1 Answer | Asked in Contracts, Gaming, Small Claims and Tax Law for Colorado on
Q: My senior class organized a game where everyone buys in and receives a cash prize. Is this legal?

My senior class organized a game where everyone bought into the game and the winner receives a cash prize. It is organized by students, not affiliated with the school. Every player signed an agreement that they accepted the rules. Students are being kicked out of the game, despite not violating any... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 3, 2023

Contact the Colorado Attorney General to file a consumer protection complaint.

https://coag.gov/office-sections/consumer-protection/

This may also be considered theft and/or fraud. Filing a police report may be appropriate.

You would also have a civil action for breach of...
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2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Colorado on
Q: What are my steps when a law firm threatens to sue for something where the statute of limitations has expired?

I received a strongly worded letter from a law firm threatening legal action in the form of a lawsuit over an unpaid debt. They also said that it’s been noted that I attempted to basically defraud the collector because I allegedly closed a bank account. (Don’t recall this) The debt itself I am... Read more »

David Luther Woodward
David Luther Woodward
answered on Apr 12, 2022

first of all, go see a good bankruptcy/financial distress lawyer. It sounds to me like the statute of limitation might have run. If that is the case, then you have an action against the law firm.

That aside, bankruptcy could be your solution, but only a good local lawyer can give you that...
Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for Colorado on
Q: Can I sue someone for breaking my car window. Even though it’s been over a month?

Hi. It is 2-21-22. On 1-12-22. An intoxicated passenger of mine ripped out my manual cranks for both back windows. After rolling down the windows. Then got out and took my door and slammed 3 times hard enough until the window shattered inside the door. I didn’t call the police on account I had... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Feb 21, 2022

In Colorado, yes you can sue someone for money to compensate you for damage to your vehicle. Colorado counties have general district courts that will allow small claims lawsuits. Colorado statutes § 13-6-403 limit the claims in small claims court to $7,500 total. Your claim for money owed by this... Read more »

1 Answer | Asked in Small Claims for Colorado on
Q: Can I be taken to small claims court for a bill I have no proof of?

I was on a family phone plan with my ex-roommate. After a month of asking her to release ownership to me she finally put in the request. However she states that I owe her for this last bill. But she is refusing to send me a copy or photo of the bill proving the amount. Prior to me moving out Ialso... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Jan 22, 2022

You ask a great question that has two parts. I'll answer from a Colorado state law perspective. (1) When you ask "can I be taken to court for a debt with no proof" the answer is yes, you certainly can be sued by someone claiming a fact they can't prove at the time they file the... Read more »

1 Answer | Asked in Business Law and Small Claims for Colorado on
Q: Do I have a legal right to file a claim for money owed in Small Claims Court?

I am a co-owner of a business here in Colorado. The business is based on a Verbal Agreement between me and my partner. He had a Verbal Agreement with our client to get paid on a monthly basis for our services. Our client paid us per our Invoiced amount up until Jul 2021. He is now in the rears... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Jan 20, 2022

If you do not have a business entity (like an LLC or a Corporation) and your business is based on a verbal agreement and no formal arrangements, then you are likely in a "general partnership." A general partnership is the legal relationship between partners that operate a business with no... Read more »

1 Answer | Asked in Criminal Law and Small Claims for Colorado on
Q: I just went to trial on on a crimail case and was found guilty by a 6 man jury. Is that correct or is it 12 ?
Patterson S. Weaver III
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Patterson S. Weaver III
answered on Oct 4, 2021

In Colorado, juries in misdemeanor cases are 6 people. Juries in felony cases get the full 12 jurors. If your case was a misdemeanor case 6 jurors would be the norm.

1 Answer | Asked in Consumer Law and Small Claims for Colorado on
Q: I live in Colorado & did business with a nursery in Tennessee on-line. All plants were DOA. No refund or credit

I started complaining via email in April. They wanted pictures and even suggested I send the dead plants back at my expense. They said they don't issue refunds, even though they say all plants are guaranteed. They will only issue a credit. I have been waiting for a credit for over 3 weeks.

Tim Akpinar
Tim Akpinar
answered on Jun 20, 2021

A Colorado attorney could advise best, but your post remains open for two weeks. As a general matter nationwide, usual options could include inhouse customer service, forums identified in the agreement for disputes (e.g., arbitration under AAA rules), or small claims/civil court. A Colorado... Read more »

1 Answer | Asked in Small Claims and Social Security for Colorado on
Q: I am 18 and my mom is threatening to throw away everything that I left behind, and won't give me my SSN card. Can she?

I moved out 5 months ago, 24 hours after I turned 18. I wasn't able to take much due to having to secretly leave.

She is stating that she throw away, sell, or is just not give me my things. What was would be the best thing to do

I also am wondering what to do as she is saying... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on May 14, 2021

Call the police. Tell them you want to peacefully enter the home and collect your belongings. They can meet you at the house at a specific time. It should probably be a time when someone is at home. While moving your stuff out, tell the police that your mom has your SS card and that you want it.... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Small Claims for Colorado on
Q: If a vendor/contractor damaged my property, can I claim against the person who hired the vendor?

I'm a commercial tenant in a mall struggling to open a small business in the midst of this pandemic. A neighboring shop owner in the mall hired or asked a vendor/contractor to remove some equipment from her shop and he took a piece of my equipment valued at $1,300. When he returned it, it was... Read more »

Donald C Eby
Donald C Eby
answered on Apr 25, 2021

You should file that small claims action to force this to a conclusion more quickly.

2 Answers | Asked in Animal / Dog Law and Small Claims for Colorado on
Q: Are there laws to protect people who get attacked/chased by “service animals” who are not on leashes and aggressive?

The dogs are aggressive and chase me and my dog who is on a leash beside me. I’m afraid to leave my apt. What do I do?

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Apr 15, 2021

Yes. Service animals are required to be under the owner’s control at all times. So the dog cannot chase and attack you and be exempt from the law. Such behavior could fall under Colorado’s dangerous dog statute. If you are being chased or attacked by any dog, regardless of designation, you can... Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: My nieghbor filed a District civil summons on me to cut my tree down that's in my yard. What can I do about it?

She wants the tree cut because she is scared to sleep in her bedroom because she says my tree will fall on her bedroom. She has aggervated health issues from this tree, and she cant enjoy her yard because of this tree and she has increased anxiety and stress over this tree.

My tree is not... Read more »

Donald C Eby
Donald C Eby
answered on Dec 22, 2020

Your neighbor is a nightmare and she is now suing you! You definitely need to engage an attorney to defend you and your property in the lawsuit and potentially assert counterclaims against her.

Contact an attorney who has litigation experience. Most will offer a free initial...
Read more »

1 Answer | Asked in Consumer Law, Insurance Bad Faith and Small Claims for Colorado on
Q: Hi! This is a dental billing issue. I am thinking to go to small claims court re it, but not sure it's worth it

I have received a quote from a dental company for implant, abutment and crown for 4 535$. This is with the consideration that my dental insurance will cover 50% of the first and second part of all work and my out of pocket will be 2212$. I thought that this quote means this info is checked with my... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 29, 2020

A Colorado attorney could advise best, but your post remains open for three weeks. In terms of reimbursement efforts, they could depend on whether that how the clause was worded and the dental company's agreement. One option could be to consult with a Colorado attorney who handles... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: A friend of mine was driving my car and hit a parked car and the accident cause my premium to increase

What are my options as far as getting reimbursed and what about my increase rate in the future

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2020

A Colorado attorney could advise best, but your post remains open for two weeks. As a general matter in most places, if you have comprehensive coverage, that could cover damage to your car. But even with that, there is usually a deductible that has to be paid out of pocket first. Being that your... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Small Claims for Colorado on
Q: Can my wedding vendor steal my money and not provide the service?

I am getting married Oct 24th, and we asked a growing photographer who was a friend to take pics. No contract was signed, but I paid him. He is now moving out of state and lost the 2nd photographer and said he can't refund the money... We asked him to just photograph alongside new... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 14, 2020

That can be very frustrating.

This sounds like a breach of contract.

Just because there was no signed document does not mean there's no contract.

A contract is the agreement, not the paper.

It sounds like there was a verbal agreement to provide services in...
Read more »

1 Answer | Asked in Contracts, Animal / Dog Law and Small Claims for Colorado on
Q: Can a dog rescue take their non-aggressive, healthy dog away from a foster family to euthanize him?

Colorado: We have been fostering a dog for eight weeks. He's never been aggressive in any way, but he does have separation anxiety and he fears loud noises and strangers. He has caused quite a lot of damage to our home, but he is getting a little bit better and more confident every day.... Read more »

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Jun 13, 2020

The rescue legally owns the dog and they can demand him back from you. However, this is probably a liability concern for the rescue to adopt him out to others, although I am a little surprised they want to euthanize him. You could try to negotiate adopting him. It might be helpful to get a lawyer... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Medical Malpractice for Colorado on
Q: Does a dentist have to tell you your condition , risk, & the alternatives to prevent your condition from worsening?

Does a dentist have to warn you about bone loss in your jaw, & that it’s going to get worse once your remaining teeth are pulled before pulling your teeth. & if there’s a preventative option that will prevent the further bone loss does he have to tell you that ?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2020

A Colorado attorney should advise you on this, but your post remains open for four weeks. You raise the doctrine of informed consent. Yes, you should be warned about the risks associated with any procedure. You could contact a Colorado attorney to discuss your matter and learn about the doctrine in... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Small Claims for Colorado on
Q: I was divorced in Iowa in 2017 and recently moved to Colorado with my 13 year old daughter. My Iowa attorney is not

Following through with the contempt charges on my ex for his multiple violations of the divorce decree. He has not been responding to my messages or those from opposing council, regarding papers served to me requesting a modification in custody. I tried to meet with him while I was in Iowa last... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 6, 2020

Assuming your case is still in Iowa, you should get an attorney there. A new attorney is going to have to spend some time reviewing the prior filings. However, it may not be necessary to read every one. It depends on whether the old filings have anything to do with the current issues. However, some... Read more »

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