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Colorado Business Law Questions & Answers
1 Answer | Asked in Contracts, Business Law, Civil Litigation and White Collar Crime for Colorado on
Q: What can happen to a notary that notarizes completely blank POA's? He tells people to fill them out later.

This guy works for the county jail. He passes them out to inmates. What can happen to him? I know this is wrong. They are complete blank, nothing filled out. He just notarizes them like this.

William Jaksa
William Jaksa answered on Oct 14, 2019

In my jurisdiction he would lose his ability to be a notary; if he's a licenced paralegal or lawyer there would be sanctions from the law society; depending on the context and extent there could be criminal charges for breach of duty or fraud.

1 Answer | Asked in Business Law for Colorado on
Q: aurora colorado pawn broker . my ticket was due on 8/14/19. i payed 9/11/19. then was informed that half property sold
D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 15, 2019

I'm very sorry to hear about your situation.

Did you have a question?

1 Answer | Asked in Business Law, Consumer Law, Contracts and Criminal Law for Colorado on
Q: can I get criminal charges for not returning a vehicle I have financed but haven’t Piad

They have tried to repo it and now I have an investigator calling me threatening a felony.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 7, 2019

You are standing in a large pile of deep do-do. Hire a criminal defense lawyer immediately.

1 Answer | Asked in Business Law for Colorado on
Q: Available in house remedies for a partner found missapropriating/embezzling funds from our LLLP?

Limited partner found writing self checks beyond salary (18 checks totalling $65,900 from 2013-2017) all unauthorized and without knowledge of the General Partner.

D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 23, 2019

A document stating what happened and admitting fault should be drafted, it should also lay out the repayment structure with interest including an offset from distributions and in the event of default forcing a buyout of their interest at a discount and possibly a stipulation of judgement for... Read more »

1 Answer | Asked in Business Law, Contracts and Personal Injury for Colorado on
Q: Can the us legally force a person to contract with the dmv
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 21, 2019

Not nearly enough factual information to answer this question. .

1 Answer | Asked in Business Law, Contracts and Employment Law for Colorado on
Q: Can a director who is paid a salary also work as independent contractor for the same company and be paid as such

A programs director for an agency that takes care of people with Developmental Disabilities is paid as a programs director but also serves clients from his agency and is paid as independent contractor for serving the clients in his house

D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 17, 2019

Yes, but the differentiation in roles and the basis for contractor treatment should be documented and retained for audit and an independent contractor agreement should be signed.

1 Answer | Asked in Business Law for Colorado on
Q: Change Colorado C Corp shareholder meeting requirements.
D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 3, 2019

Amend the by-laws.

1 Answer | Asked in Business Formation and Business Law for Colorado on
Q: Do i need to collect sales tax if im a service provider
Andrew John Contiguglia
Andrew John Contiguglia answered on Apr 12, 2019

No. The collection of sales tax only applies if you are selling goods.

1 Answer | Asked in Business Law for Colorado on
Q: What is the reporting form for LLC sole proprietory business?

No equipment engaged in that business

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 8, 2019

Schedule C.

1 Answer | Asked in Business Law and Civil Litigation for Colorado on
Q: I was just wondering if I have a case. I feel like I was done wrong and unfair. Can I do anything?

12 years ago a friend and I started a used car dealership. In structuring the company my name was not included, but it was me who was responsible for creating the company’s brand (business name, logo, slogan, website, colors, operating methods). My ideas, my creations, my hard work for the first... Read more »

Ashley Dean Powell
Ashley Dean Powell answered on Dec 4, 2018

There may be potential claims here that you could have pursued. As you may well know, most civil claims/disputes like this have a deadline by which the claim must be brought in court (a "statute of limitations"). Given that the business was started 12 years ago and the relationship appears to have... Read more »

5 Answers | Asked in Business Law and Real Estate Law for Colorado on
Q: Retail Business Space Lease

I have an existing business that is an LLC and we are moving to a new location for our business. In the new lease it calls out in our addendum for both LLC members to give a Personal Guarantee, does this negate the personal property protection that our current business LLC gives us? Should we seek... Read more »

James Alan Greer
James Alan Greer answered on Nov 27, 2018

Dear LLC Lessee: It is standard practice for a Lessor to require a Personal Guarantee ("P.G.") from the Members of an LLC. The reasoning from a Lessor's standpoint includes the primary concern that an entity (an LLC, for example) can breach a Lease by simply winding down and dissolving, thereby... Read more »

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2 Answers | Asked in Business Law, Construction Law and Contracts for Colorado on
Q: Our company bid a job and now no longer has time to do it. No contract signed and contractor wants to sue for damages?

Is it possible to be sued for such a thing. We spoke but never signed anything.

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 19, 2018

First off you can be sued for pretty much anything so I'd answer that with a yes. Whether there's a viable claim is another story. The fact that the potential plaintiff doesn't really have a case won't stop them from filing suit and forcing you to go through the legal process of proving they don't... Read more »

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1 Answer | Asked in Tax Law, Business Formation and Business Law for Colorado on
Q: ISO: business/tax lawyer

Back taxes for 2 separate corporations that were started in Montana. Seeking a lawyer in Denver Colorado as that is where the i currently reside. Does the sought out lawyer in Colorado need to have jurisdiction in Montana in order to help me?

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 20, 2018

Tax is not restricted to only attorneys that are licensed in the state. I have cases in about 10-11 different states. I'd have to go count them to be sure.

A Colorado attorney can help you with this issue.

1 Answer | Asked in Business Law for Colorado on
Q: how long do I have to sue a business after the date of something happening?
John Hyland Barrett III
John Hyland Barrett III answered on Oct 1, 2018

It depends on what happened. there are different time limitations for different cases. For instance, a personal injury claim must be brought within 2 years.

1 Answer | Asked in Business Law and Civil Litigation for Colorado on
Q: Can investors sue sharholders of a corporation

My ex-business parter wants me to payback money he invested in our company. I never asked for him to pay me back what I invested. Plus I was willing to sign over my shares of the company and he refused. Now he wants to sue me over the funds and also wants me to pay back an invoice that paid for but... Read more »

Donald C Eby
Donald C Eby answered on Sep 10, 2018

Not sure what you mean here. An investor generally is a shareholder. If you get sued, I'll be happy to defend you.

1 Answer | Asked in Business Law for Colorado on
Q: Purchased a Tv from Best buy for 3500 they delivered and installed a Tv to my wall that cost 5000. Do I have to give bk
D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 31, 2018

Can you resubmit the question it doesn't really make any sense and I can't understand what you're asking. Thanks.

3 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: Question on Retail Lease

I am a small business owner that has a five year lease with two additional five year lease options. We are currently coming to an end of our first five year lease option and will expire on January 31, 2019. We have informed landlord that we would like to exercise our second five year lease option... Read more »

John Roland Lund
John Roland Lund answered on Jul 14, 2018

Your option to renew is an enforceable contract right. So long as you have complied fully with the notice requirements and are not in default on the lease, it is your unilateral right to renew at the rates set by the lease.

If your position is valid then if you remain past the end of the...
Read more »

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1 Answer | Asked in Consumer Law, Contracts, Business Law and Patents (Intellectual Property) for Colorado on
Q: CRM software company trying to charge extra $500-$1000 for me to export my customers' info when I cancelled the software

The terminology in their Terms of Use include: "You have the right to Your content within Your Agemni Site. You may, at Agemni’s discretion, be subject to a fee to export that content including but not limit to any outstanding payments or fees that are due."

However, they do not mention... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jun 13, 2018

I do not see a patent issue here. I hope you find an attorney with the right background to help you. Ideally, this would have been something you worked out before you populated the site with data that you need.

You may want to Google around to see if others have dealt with this issue or...
Read more »

1 Answer | Asked in Business Law, Small Claims and Civil Litigation for Colorado on
Q: I'm a designer. I hired a contractor. He built kitchen cabinets and hired a finisher to finish them.

The finish is defective and the cabinets have to be re-finished (for $10,000). Who do I take action against (in small claims court)? The contractor that I hired or the finisher that he independently hired.

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 28, 2018

It would a county court case which has jurisdictional authority on cases between $7,500 and $15,000. You would have to determine venue (Which county to file in) under the court rules. Generally you would sue everyone that did not fulfill their obligations under the contract. In this situation it... Read more »

3 Answers | Asked in Business Law and Tax Law for Colorado on
Q: Are paying taxes voluntary or law?
Linda Simmons Campbell
Linda Simmons Campbell answered on Apr 11, 2018

It is the law.

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