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Colorado Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Criminal Law and Personal Injury for Colorado on
Q: My elderly mostly father in-law insists on keeping a hand-gun on him at all times in spite of 2 Drs. say he should not

Am I liable if he shoots someone by accident? He is "mostly" blind. We have tried to take them away, but it is on his person. We took several away and had the long conversation about why it is a bad idea, but he insists he must have it for safety. My wife and I manage his care and will... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 12, 2020

A Colorado elder law attorney could probably answer your question better than a personal injury attorney. You could reach out to one and discuss your role in the person's life. In addition to your liability which you ask about, you could discuss other serious issues here. If he is "mostly... Read more »

1 Answer | Asked in Civil Litigation and Foreclosure for Colorado on
Q: My COA/HOA roof assessment of $5,163 was paid-in-full. They have violated the contract

Diversified Management and the COA (Colorado Speings), in abuse of power and selective enforcement held my final payment of $2,563 in cashiers check for nearly a year, returned it for "reissue", then immediately turned my paid in full account over to Orten Cavanagh collection. This firm... Read more »

Donald C Eby
Donald C Eby answered on Sep 3, 2020

You'll need to provide proof of the payment to the court, you can ask for attorney fees when you win. I recommend that you contact an attorney that represents homeowners against HOAs to discuss your rights, remedies, and risks in this matter.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Colorado on
Q: How do i remove a felony charge that i shouldn't have been charged with according to the definition of the law used?

in 2002 i was charged in colorado for possession/knowledge of possession of explosives/incendiary device, but the definition section of that law discredits the materials my roommate had (materials used to reload ammunition, and or black powder muskets) my public defenders failed me and mislead me... Read more »

Donald C Eby
Donald C Eby answered on Jul 25, 2020

You may qualify to have your Criminal Record Sealed. See the below link for more info:

https://www.robinsonandhenry.com/colorado/criminal-defense/sealing-criminal-records/

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Colorado on
Q: How can I find information on the end of the legal bankruptcy battle between Aurora Loan Services v Lehman Brothers

More specifically the disposition of the claimants involved and possible settlement information.

Timothy Denison
Timothy Denison answered on Jul 16, 2020

Pacer.gov

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Colorado on
Q: I was arrested on charges of harrasment and disorderly conduct based off of witness statements.

I feel there was no reasonable cause for an arrest to be made. The statements were false and I did not bother anyone in the building. The charges were dissmised in the interest of Justice. I am wondering if I have a potential case to sue for damages, economic losses, and non economic losses?

Donald C Eby
Donald C Eby answered on Jul 14, 2020

Potentially yes. These cases can be difficult. So you should consult with an attorney to discuss the facts, the law, your rights, remedies, potential outcomes, etc.

1 Answer | Asked in Civil Litigation, Employment Law and White Collar Crime for Colorado on
Q: What should be my steps to address a manager (family member) who there is evidence of embezzling, money laundering, the

The illegal activities have been going on for four+ years. Additional problems include missing records and failure to return key business information such as passwords and financial information. IRS, state/local sales tax and lodging taxes have gone unpaid. What are steps (and with whom) regarding... Read more »

Donald C Eby
Donald C Eby answered on Jun 17, 2020

If you want to get your money back, I recommend that you contact a local attorney to review your facts and damages. Then you can have a detailed discussion about your rights, remedies, risks, strengths and weaknesses of your case, the law, timeline, etc.

1 Answer | Asked in Civil Litigation for Colorado on
Q: This question is in regards to the Supreme Court Case "National Institute of Family and Life Advocates v. Becerra."

The way Justice Thomas phrased his opinion is that the petitioners in the case were "likely to succeed on the merits of their claim that the FACT Act violates the First Amendment." What does it mean that the petitioners were "likely to succeed?" Did the petitioners succeed in... Read more »

James Avery
James Avery answered on May 23, 2020

Petitioners in licensed clinic won. The District Court denied their motion for a preliminary injunction, and the Ninth Circuit affirmed. Holding that petitioners could not show a likelihood of success on the merits, the trial court concluded that the licensed notice survived a lower level of... Read more »

1 Answer | Asked in Civil Litigation for Colorado on
Q: Can Park County close all short term Rentals (530)? Could this be unconstitutional or considered “regulatory Taking”.
Nelson Patrick Boyle
Nelson Patrick Boyle answered on May 14, 2020

It depends. If this is related to a worldwide pandemic, in which the county is exercising its Constitutional power to protect the public health, the answer is likely yes to your first question. The Colorado Supreme Court has not weighed in directly on the constitutionality of the various public... Read more »

3 Answers | Asked in Civil Litigation, Employment Law, Family Law and Business Law for Colorado on
Q: I own a business and employ my husband. His ex is demanding my business records as disclosures. What are my rights.

All business accounts are in my name only. I have a contract showing I purchased the business, not my husband. It is a medical practice. Some of what they are asking for are HIPAA protected. I would not give this information to my husband. The ex-wife filed a motion stating she wants it because she... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 13, 2020

Until his ex actually produces a subpoena or some other formal discovery request you don't have to provide anything. Once a formal request is made you would respond under the rules associated with that request. Just explain all the different reasons why the documents are not applicable,... Read more »

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1 Answer | Asked in Civil Litigation for Colorado on
Q: I co-signed a two party insurance payment, approx $6,000 to a vendor for claim repair.

The vendor I chose has an Eviction notice on the door of his of operation. I spoke with him and he says he's looking for another location to service RV repairs. I'm not comfortable continuing to do business with this vendor. The Hartford Insurance Company seems to be avoiding my concern... Read more »

Nelson Patrick Boyle
Nelson Patrick Boyle answered on May 11, 2020

You probably want to talk to an attorney about this. To fully answer the question, the attorney would need more information. For instance, the attorney will need: any contracts signed with the business, releases or other things you've signed, background on why the Hartford is involved and... Read more »

1 Answer | Asked in Civil Litigation for Colorado on
Q: Is the delivery company responsible for damage to my driveway?

We had a delivery driver pull into our driveway during light snowfall to deliver our weekly food kit, at which time he damaged our pave stone driveway. My husband contacted the company within the hour to complain and they informed him that they contract out their shipments and we would have to work... Read more »

Donald C Eby
Donald C Eby answered on Apr 5, 2020

If the company damaged your property through the negligence of it's driver and you can prove it then you have a strong case and can compel the company to pay. However, it seems that your damages are $1,500 or less as such it is not likely cost effective to retain an attorney help and it is... Read more »

1 Answer | Asked in Civil Rights and Civil Litigation for Colorado on
Q: Looking for advice on a civil case

I'm the plaintiff in a civil case, yesterday was our first day in court. The defendant had not filed a response, the judge told her she had to file yesterday and give me a copy yesterday. I did not receive it. What can I do now?

James Avery
James Avery answered on Apr 2, 2020

File a Notice of Default.

1 Answer | Asked in Civil Litigation and Contracts for Colorado on
Q: can a person reduce or rescind a monetary offer made via a letter written by their lawyer?

a letter was drawn up but not given to me for a monetary offer. The person has decided to lower their offer. I have seen said letter

Donald C Eby
Donald C Eby answered on Mar 17, 2020

The offeror can change or rescind his offer until that offer is accepted and becomes an agreement.

1 Answer | Asked in Civil Litigation and Real Estate Law for Colorado on
Q: I need to know what to do about being scammed by a business online? The company has stolen over $22,600 from me

They talked me into selling my timeshare as they had a buyer already for it. I had to send a fee (I never should have done this I know!) of $6,000, then I sent money 2 more times for a total of $22,628 to a title closer at Colorado Title. This is a legitimate business and they stole all of my money... Read more »

Michael Hales
Michael Hales answered on Mar 2, 2020

I've had run-ins with this same company. I found that it is not a legitimate company and doesn't even exist other than virtually. Please shoot me an email or give me a call if you'd like more information. I'm teaching much of the day today, but will get back to you as soon as possible.

1 Answer | Asked in Civil Litigation and Divorce for Colorado on
Q: can I subpoena my ex wifes boyfriends tax records?

My ex wife claims she pay her bf 1300 month rent.

I want to see if he is claming it on his income tax as part of reviewing child support and maintenance

John Hyland Barrett III
John Hyland Barrett III answered on Feb 14, 2020

You can try. He could object. Then it's up to the judge to decide whether that is proper. Usually, you would have to have a very good reason to do this. He is not really involved and he has a right to privacy in his tax returns.

1 Answer | Asked in Civil Litigation for Colorado on
Q: If I loaned $6000. for a down payment on our house in 2013, is it too late to collect? We lived together for several yea

If I loaned $6000. for a down payment on our house in 2013, is it too late to collect? We lived together for several years and recently been going through child custody proceedings. We were never married. He refuses to pay what is owed. Please help

Thank you

Donald C Eby
Donald C Eby answered on Jan 17, 2020

Assuming you can prove that the $6,000 was a loan and the terms of the loan have been breached, you can obtain a judgement.

1 Answer | Asked in Civil Litigation and Real Estate Law for Colorado on
Q: Can Capital One take my land to pay off a defaulted auto loan if I cannot pay on it anymore?

Land is not collateral

Donald C Eby
Donald C Eby answered on Nov 10, 2019

No - It is not likely that you pledged real estate as collateral to obtain a credit card. However, if you have debt issues, I recommend that you contact a Bankruptcy attorney, you may be surprised how much BK can do for you.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Colorado on
Q: can breeder require me to purchase a specific brand of food for a 2-4 year period?

the breeder is apart of a multi level marketing company that represent the food that is being required with the purchase of the dog

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

Probably not, most breeder contracts are not enforceable. The problem is that you may have to spend 4 or 5 months in litigation to find out.

I would suggest not dealing with a breeder that wants you to sign a contract they pulled off some fly by night website or who is running an MLM. If...
Read more »

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 Civil Litigation and Small Claims for Colorado on
Q: Can you sue an undocumented immigrant in small claims court?
Nelson Patrick Boyle
Nelson Patrick Boyle answered on Oct 4, 2019

Ostensibly, yes. Just like any case, the constitution and the court rules require that you have to serve the person with the lawsuit. If you succeed, then you can proceed. Many small claims courts have "law clinics" for people representing themselves. There's some forms and resources... Read more »

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