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1 Answer | Asked in Employment Discrimination, Employment Law, Libel & Slander and Personal Injury for Colorado on
Q: my employer failed their due process obligations
Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

A Colorado attorney could advise best, but your post remains open for three weeks. It isn't fully clear whether your matter involves a workplace injury or general employment law issue, based on the selected categories. The term "due process" is used loosely nowadays, but it usually... View More

1 Answer | Asked in Car Accidents and Insurance Defense for Colorado on
Q: I was in a car accident and my insurance had lapsed and I had no knowledge of it due to mail not being received.

Other person filed claim. Should I try to settle this with the person directly before getting a lawyer?

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2024

A Colorado attorney could advise best, but your question remains open for two weeks. Your question about involving an attorney - it's an individual decision. If your matter involves only moderate property damage, there are no injuries, and you and the other side agree on fault, you could save... View More

1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: Can a cop search my phone if I was showing them a post? He did have my phone in his hands but that was to show him..

Cop came to my house due to a firearm report, I do not have any firearms but I did make a post with an airsoft gun. The cop came over, I explained everything and showed him the post but he couldn't see due to the privacy screen. I handed it to show him, and he starts going through my... View More

James L. Arrasmith
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answered on Oct 19, 2024

You have the right to privacy regarding your personal devices. Generally, police need a warrant to search your phone, especially your private photos and data. Without your consent or a valid warrant, accessing your camera roll can be considered a violation of your rights.

However, there are...
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1 Answer | Asked in Civil Rights and Constitutional Law for Colorado on
Q: I stole a beer from a college football game and was caught, but I just left with the beer. Will the police come after me
James L. Arrasmith
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answered on Oct 14, 2024

It's understandable to feel anxious after such an incident. Theft, even of a small item like a beer, can lead to consequences depending on the circumstances and local laws.

In many cases, minor thefts might result in a citation or a fine, especially if it's a first offense....
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1 Answer | Asked in Car Accidents for Colorado on
Q: Would it be insurance fraud not to disclose a recent accident with an unresolved claim to new insurance company

I had a minor accident yesterday (10/12 - no injuries, cosmetic damage to both vehicles) where I will likely be determined to be at fault. My insurance coverage lapses on 10/16 and I was wanting to switch companies anyway. I can get a policy that starts 10/14, before the other party’s claim... View More

Tim Akpinar
Tim Akpinar
answered on Oct 20, 2024

A Colorado attorney could advise best, but your question remains open for a week. Until you're able to consult with a Colorado attorney who could advise under local law (insurance industry practices involve state law across the nation), the short answer is that it's possible an insurance... View More

1 Answer | Asked in International Law for Colorado on
Q: I have outstanding traffic tickets from when I was in Italy last year. Is there a consequence if I don't pay them.
James L. Arrasmith
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answered on Oct 9, 2024

If you choose not to pay your Italian traffic tickets, the fines may increase due to added interest and penalties. Over time, the unpaid amounts can accumulate, making the total debt significantly higher than the original fine. This could also lead to the tickets being forwarded to collections... View More

3 Answers | Asked in Bankruptcy, Criminal Law, Products Liability and Civil Litigation for Colorado on
Q: 85 member that is looking for pricing for a civil service. We are the old customer's of holy ground real estate

The builder matt sowash has filed chapter 7 , we as a group are wondering the process to sue for the money for the home..

John Cimino
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John Cimino
answered on Oct 8, 2024

First, it is unfortunate that people like this debtor rip consumers off. I had a sinilar case where the homebuilder stole my client's money and went to prison. Regarding Holy Ground, I doubt that your contract with Mr. Sowash included his personal guarantee. We need to check. Second, if he... View More

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1 Answer | Asked in Car Accidents for Colorado on
Q: I recently was in a car accident where I was t boned in Aspen Colorado and got a lawyer involved

I had my lower back damaged and haven’t been able to work for 2 months now but the man who crashed me wants to make a settlement and I’m not sure if wether to continue with my lawyer or take the settlement

Tim Akpinar
Tim Akpinar
answered on Nov 3, 2024

A Colorado attorney could advise best, but your question remains open for a month. Your matter does not look like it involves a quick "yes" or "no" answer. Your attorney may see things differently than you do, where they may assert a lien for the work they've performed to... View More

1 Answer | Asked in Real Estate Law and Construction Law for Colorado on
Q: Is the home contractor who built a retaining wall responsible for repairs in Colorado for new home?

I am the investor.

Neil Sullenberger
Neil Sullenberger
answered on Oct 4, 2024

I'd need a bit more information than what's here, but with new construction in particular, this issue would typically be covered by an express warranty if construction was completed, or potentially punch list if construction is just finishing. Absent an express warranty, or if it existed... View More

1 Answer | Asked in Bankruptcy and Mergers & Acquisitions for Colorado on
Q: How can I shield (1) my house and (2) my IRA from being subject to seizure if I later file for bankruptcy?

I have not yet taken out an SBA 7(a) loan to acquire a business. If I do, the loan will require a personal guarantee. Before committing to a personal guarantee, I'd like to know how to exempt (1) my house and (2) my IRA account from seizure as part of that personal guarantee. How can I do that... View More

James L. Arrasmith
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answered on Oct 4, 2024

To protect your house and IRA from potential seizure in the event of bankruptcy, it's important to understand the exemptions available under Colorado law. Your primary residence is typically protected under the homestead exemption, which can shield a certain amount of equity in your home.... View More

1 Answer | Asked in Uncategorized for Colorado on
Q: Need to know who is responsible for paying for repairs to my truck? The repairs were made incorrectly

I have a 2019 Chevy Silverado, I got into a fender bender and had to file an insurance claim. I took my truck to be fixed at an autobody shop which was recommend and preferred by my insurance agency. We followed the process as guided by my agent. I take our truck in and drop it off on April 18,2024... View More

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about the trouble you're experiencing with your truck repairs. Dealing with incorrect repairs and additional damages can be incredibly frustrating.

In situations where a body shop performs faulty repairs that result in further damage, the body shop is typically...
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1 Answer | Asked in Uncategorized for Colorado on
Q: I had a family member who had been living in my home with their significant other for a couple years.

They agreed to be paying monthly rent , and to help with the house. This rarely happened. There was no actual lease. They recently decided they needed to move out , however have turned it around saying they were kicked out. I have proof that they choose to leave, but I don’t want them back now.... View More

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about the difficult situation you're facing. Your safety and the safety of others in your home is paramount.

In general, when someone leaves belongings in your home after moving out, you may have certain obligations to store their items for a reasonable period of...
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1 Answer | Asked in Constitutional Law for Colorado on
Q: Does the state of Colorado require that the examinee of a polygraph test receive a copy of the consent form

Just what asked above

James L. Arrasmith
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answered on Oct 2, 2024

Yes, in Colorado, if you’re required to take a polygraph test for a job, the state mandates that you receive a copy of the consent form. Before the examination begins, the agency must provide you with this document. This requirement ensures you are fully informed about the process and your... View More

1 Answer | Asked in Personal Injury for Colorado on
Q: Once a PI settlement agreement is signed by Claimant can Defendant require more documents or change the original?

signed a settlement agreement for my car accident and requested the payment to go into my Trust account. I had made the insurance company aware of this and the agreement states, "Claimant states her desire to have the settlement check addressed to her Trust account." Then 12 days later... View More

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2024

A Colorado attorney could advise best, but your question remains open for two weeks. If you were represented by an attorney, they would be in the best position to answer, based on having the file.

Without knowing more details, it's possible the directive to use the trust account may...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My ex and I have 50/50 decision making and I am supposed to pay 60% of daycare but I cant afford it. What can I do?

I have asked about making a change to daycare and offered 4 different solutions and offered to hear any solutions she has as well. She refuses to work with me but I literally can not afford to keep paying. Can I stop paying if she wont work with me on it since we have split decision making? Do I... View More

Dorothy Walsh Ripka
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Dorothy Walsh Ripka
answered on Oct 1, 2024

Hello.

First an attorney can not advise you to violate an order or not comply in conformity with the order.

Second, you need to review your order regarding mutual selection of child care and determine if it is a major decision as it relates to joint decision making and if you need...
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3 Answers | Asked in Bankruptcy, Estate Planning, Family Law and Medical Malpractice for Colorado on
Q: If an ailing parent becomes my dependent what is my legal obligation to their financial debts? Medical, credit and other
Timothy Denison
Timothy Denison
answered on Oct 1, 2024

None. You are not obligated to pay any of their bills or expenses with your own money.

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1 Answer | Asked in Uncategorized for Colorado on
Q: I received a call yesterday, from an LLC company stating i was being sued by a payday loan company who i owed 255. Legit

He made it seem like he was an attorney. And called my partner and told him a case number and all. I contacted them and he stated they were getting ready to serve me. I have not received even a mail piece or anything. After seeing this company contract, it says this is an attempt to collect a debt... View More

James L. Arrasmith
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answered on Oct 10, 2024

It’s understandable to feel anxious in this situation. Scammers often pose as attorneys or collection agents to intimidate you into paying quickly. Legitimate collection agencies must provide written notice of the debt and cannot threaten legal action without proper documentation. Since you... View More

1 Answer | Asked in Civil Rights for Colorado on
Q: When is a peace officer required to activate his BWC when he has observed a crime that initiated a vehicle pursuit?

Where is the BWC supposed to be located and what constitutes tampering/obstructing?

Under Section 24-31-902 - Incident recordings - release - tampering - fine

James L. Arrasmith
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answered on Oct 2, 2024

When you observe a crime that leads to initiating a vehicle pursuit, you are required to activate your body-worn camera immediately. This ensures that all interactions and events are properly recorded from the start of the incident. Maintaining this footage is crucial for accountability and... View More

1 Answer | Asked in Small Claims and White Collar Crime for Colorado on
Q: Paid $7k on parents card I had used but mom used as well, can they still turn me into police?

10 months ago I used my parents credit card and they threatened to turn me into the police or pay them the money back. They have never shown proof of the charges or how much was actually spent on the credit card, and my mom was secretly using it as well. I can no longer pay the $600 payments they... View More

Mr.  H. Michael Steinberg
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answered on Sep 30, 2024

The agreement you had with your parents is unenforceable at law even if you fully complied. If they go to the police, you will probably be charged with felony theft - credit card fraud - etc. Consult a local lawyer before you decide to "test" them. HMS

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Colorado on
Q: I'm disputing an overcharged bill for hail damage on car rental. I have proof by pictures i took. What can I do?

Car rental for minor hail damage. They are grossly over charging me. Their pics they took are really bad. I took pics at the same moment I returned it. I also paid $1,000 on that same day that they have not shown on any paperwork. I have requested but they won't show it was deducted off of... View More

James L. Arrasmith
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answered on Sep 27, 2024

To resolve this situation, gather all of the evidence you have, including the clear photos you took at the time of returning the car, any written communications with the rental company, and the proof of your $1,000 payment. Ensure your documentation clearly shows the discrepancy between the rental... View More

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