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Colorado Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Colorado on
Q: What do i do if I worked on a vehicle and didn't have a predetermined price for labor? It was see what it needs as we go

Was driving and working for a man that had me in an unsafe truck. I told him I was not comfortable driving the truck as was and he asked if I could fix it. He ordered the parts as I worked on the truck because we did not know what exactly was needed at time of start. He now wants to take the truck... View More

James L. Arrasmith
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answered on Apr 13, 2024

In a situation where you performed work on a vehicle without a predetermined price for labor, and the owner is now refusing to pay, here are some steps you can consider:

1. Document everything: Make sure you have a detailed record of the work performed, parts purchased, hours spent, and any...
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3 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: If I had a verbal agreement with a person that allowed them to stay in my home for two weeks, which is now going on a

month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Apr 2, 2024

Under those facts, assuming you own or rent the place and they are not part owners, co-tenants, and have no other legal claim to the home (and with no more information), then, yes. Of course, the devil's in the details. So if other facts are relevant, the answer could change. Also, if... View More

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3 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: If I had a verbal agreement with a person that allowed them to stay in my home for two weeks, which is now going on a

month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.

James L. Arrasmith
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answered on Apr 3, 2024

In most jurisdictions, a verbal agreement allowing someone to stay in your home for a specific period does not automatically grant them tenant rights. However, the laws governing such situations can vary by location and may depend on the specific circumstances.

Generally, if the person has...
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1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: 10 day demand. No statutory statement. No date,time, summons on the 24th for court 27th paperwork submitted to court inv

Valid. Had trial wanted to present my evidence which clearly shows they didn't properly serve me I was told if we go to trial and the magistrate sees I owe money it's going to be an eviction regardless. Can I reverse the agreement to leave in 20 days?

James L. Arrasmith
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answered on Mar 24, 2024

If you believe the eviction process was mishandled, particularly regarding service of notice and your chance to present evidence, you might have grounds to challenge the agreement or the eviction itself. It's essential to review local tenant laws and eviction procedures as they can vary... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: Someone Lent me some money and I bought a used vehicle. He took the car even though I've made on time payments.

I have the title and bill of sale and text messages saying thank you for the payments, as well as labeled cash app payments. He keeps demanding I give him the title or he calls the police . He put the car in storage so now I can't even try to legalize anything. Is he allowed to do this?! What... View More

James L. Arrasmith
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answered on Jan 11, 2024

In your situation, it's important to understand that possession of the vehicle's title and bill of sale typically indicates legal ownership. Since you have made timely payments and possess these documents, you generally have the right to retain the vehicle. The messages acknowledging your... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: If I write “I can pay _ back in installments” for money I didn’t personally take is that a legal contract in Colorado?

My ex dropped plans to attend a wedding in another state and broke up with me. She paid our friend in advance for her share of an Airbnb. She backed out days before check-in, making it impossible for anyone else to feasibly take her place. When she asked about possible reimbursement I wrote in a... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Jan 10, 2024

The answer would depend on the exact language of all communications and contracts involved. So only a general answer WITHOUT specific advice is possible here. Depending on how much is at stake, you might want to hire a lawyer. But lawyers are expensive. Often, it can be best to offer a small amount... View More

1 Answer | Asked in Civil Litigation and Consumer Law for Colorado on
Q: My friend pawned his truck in Co and they gave him counterfeit money theyre refusing to deal w it. he called cops

The cops are investigating what else can he do? The pawn contract is binding legal agreement.

James L. Arrasmith
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answered on Jan 9, 2024

If your friend received counterfeit money from a pawn shop in Colorado, he has already taken a crucial step by involving the police. Their investigation is important for addressing potential criminal activity. In addition to this, there are a few more steps he can take.

He should consider...
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1 Answer | Asked in Civil Litigation for Colorado on
Q: There is a danger of a vehicle being submerged underground. This vehicle is a nuisance and how do I remove it legally fr

It's on abandoned condemned property

James L. Arrasmith
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answered on Jan 7, 2024

To legally remove a vehicle from abandoned or condemned property, there are several steps you should follow. First, it's important to determine who owns the property and the vehicle. If you are the property owner, you have more control over the removal process. If not, you may need to contact... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation, Civil Rights and Criminal Law for Colorado on
Q: Animal law or civil,? Colorado, please help me get Justice for my boy who was killed by HSPPR! Need info, please?

CO law says animals are personal property. Seized with warrant, then killed (for supposed seizures) day before hearing for release, no probable cause. 10 yr old licensed pet goat- my only family- destroyed. Motion for release of his remains, denied. Facing animal cruelty for his arthritis not being... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Colorado, as in many states, animals are indeed considered personal property under the law. The situation you describe, involving the seizure and euthanization of your pet goat, raises several legal issues.

Firstly, if your animal was seized and then euthanized without proper...
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1 Answer | Asked in DUI / DWI, Civil Litigation and Civil Rights for Colorado on
Q: I was not driving, I told them that I had been sitting in my car waiting for my ride drinking 4 the past hour

Jefferson county, they took my blood alcohol level only after I had been sitting in my car drinking & not when I was actually driving

Richard B. Huttner
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Richard B. Huttner
answered on Dec 5, 2023

You have a good case to fight as you likely did not have the intent to put the car into motion. Juries will be instructed to decide whether you are driving by looking at many factors including where the vehicle was found, where in the vehicle the person was found, whether the keys were in the... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Criminal Law for Colorado on
Q: Should I file a civil complaint seeking a federal prosecutor rep. If the trial court violated State Constitution laws

The trial court may have violated the State constitution law. C.R.C.P. 3.8 (b) by conditioning a plea while postponing evidence. The courts holding failed to present constitutionally required evidentiary findings. The record of proceedings is under Appellate review.

James L. Arrasmith
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answered on Nov 28, 2023

If you believe that the trial court has violated state constitutional law, particularly in relation to C.R.C.P. 3.8(b), it's important to consider the legal remedies available. Filing a civil complaint seeking a federal prosecutor representative is an option, but it's typically used in... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Colorado on
Q: My engine was stolen by my mechanic. Car no longer runs replacement engine ran for 50 miles blew head gasket now what?

I have proof that it's different engine my engine was video taped by car dealership 2 days prior when getting oil change. It's an engine that is not compatible with my car. My mechanic denies it but the evidence is overwhelming I contacted the police 2 days ago and they decided it was a... View More

James L. Arrasmith
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answered on Nov 25, 2023

In your situation, where you believe your mechanic stole your engine and replaced it with an incompatible one, it's understandable to be frustrated, especially since the police have deemed it a civil matter. The distinction between civil and criminal matters can sometimes be nuanced. In this... View More

2 Answers | Asked in Civil Litigation, Health Care Law and Personal Injury for Colorado on
Q: Can people be held liable if they recklessly endanger and cause physical health problems by causing radioactive dirt...

...and dust to be thrown up into the wind that knowingly fast flows into the neighbors yard and body and house every day purposefully as witnessed by many neighbors?

James L. Arrasmith
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answered on Nov 12, 2023

Yes, people can potentially be held liable for recklessly endangering others and causing health problems through exposure to radioactive materials on their property. Some key points:

- Knowingly allowing radioactive dirt and dust to blow onto a neighbor's property could constitute...
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1 Answer | Asked in Civil Litigation and Collections for Colorado on
Q: Hi, if my case was dismissed with prejudice can the rental property add it to my credit report as a collection?
T. Augustus Claus
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answered on Oct 27, 2023

If your case was dismissed with prejudice, the rental property should not typically add it to your credit report as a collection. Should they attempt to do so, it's advisable to communicate with the property to address this and, if necessary, dispute any inaccurate report with the credit... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: If a title to a vehicle has two names on it, the first name being mine, then under, that is my boyfriends name.

The vehicle insurance is in my name only because he does not have a license hind one that pays for everything. Does he have a legal right to take my car in a separation?

T. Augustus Claus
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answered on Oct 9, 2023

In Colorado, if a vehicle title has two names on it, both individuals typically have an ownership interest in the vehicle. The specific rights of each person might depend on how the names are connected on the title. If it says "AND" between the names, both parties typically must agree to... View More

1 Answer | Asked in Civil Litigation and Probate for Colorado on
Q: Where to begin with my girlfriend's family holding her inheritance?

Her mother passed away in August 2021, and was told by stepfather to come and get her $80,000 inheritance. She was given specific information regarding where and how to pick it up, but upon arriving, stepfather told her to go away. He claims to have given everything to her brother, including her... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Oct 5, 2023

Your girlfriend should call a probate lawyer. Also, if you're in Denver, the Probate Court there has some resources available where she may be able to get some generalized advice or help. (Information available here: https://www.courts.state.co.us/Courts/Denver_Probate/Index.cfm) Other courts... View More

2 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for Colorado on
Q: I purchased a home in march 2023. There are so many problems with it. Cracked and crumbling foundation, plumbing and

Electrical issues just to begin with. Seller did not disclose any of this to us. Inspection was done but inspector did not bring this to our attention. What kind of lawyer am I looking for, for this type of matter and would i use the same lawyer against both the seller and inspector?

James A. Greer
James A. Greer
answered on Sep 27, 2023

Dear FAILURE TO DISCLOSE claimant: The type of lawyer you need is a real estate and construction experienced lawyer. And, no, you shouldn't expect to have to hire separate counsel for your claim of (1) Failure to Disclose, and (2) Negligent Inspection. I am hopeful that you have a standard... View More

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2 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for Colorado on
Q: I purchased a home in march 2023. There are so many problems with it. Cracked and crumbling foundation, plumbing and

Electrical issues just to begin with. Seller did not disclose any of this to us. Inspection was done but inspector did not bring this to our attention. What kind of lawyer am I looking for, for this type of matter and would i use the same lawyer against both the seller and inspector?

Michael Joseph Larranaga
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answered on Sep 28, 2023

I agree that you need a real estate attorney familiar with litigation work. In short, you have a potential breach of contract, fraud, and failure to disclose type issue. As to the prior homeowner, knowledge is normally key to those issues. IE, did they know? The home inspector’s lapse is a more... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Colorado on
Q: Trying to find an explanation as to how tenancy is changed from yearly to month to month while not moving in and out?

Logic would dictate that the longer you've occupied the same space the longer you'd need to move.

Michael Joseph Larranaga
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answered on Sep 22, 2023

The type of tenancy you have is often governed by your lease/ contract. In many contracts, there is a provision in the terms section that will change a fixed year to a month-to-month or other. It all depends on the wording. Further, a month-to-month can be established for hold-over tenants in... View More

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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