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Colorado Civil Litigation Questions & Answers
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 »

1 Answer | Asked in Civil Litigation and Domestic Violence for Colorado on
Q: Boyfriend wants to kick me out. I am not on lease, hid me & my 2 sons in order to get approved on HOA townhome. Rights?

Applied for place as single man because I have eviction under my name and he didn't want us to get denied. He signed declaration of residency in order for my sons to attend 2 seperate schools. He now wants us out. Do I have any rights, seeing I'll just be homeless with 2 children...

James Newell
James Newell answered on Aug 21, 2019

You may have rights as a subtenant. It can get complex so It's best to speak to an attorney about this.

1 Answer | Asked in Civil Litigation and Insurance Bad Faith for Colorado on
Q: Can a structural engineer force their claims based policy to cover a claim retro, if they have stopped doing business?

Structural engineer who no longer is in business had a claims based policy which supposedly ends when they stop paying the policy premiums. Other contractors the insurance company will cover if they had insurance at the time of work. Is an insurer required to defend a suit after the policy... Read more »

Donald C Eby
Donald C Eby answered on Jul 22, 2019

The answer to your question will depend upon the language contained in your policy. It could be either.

1 Answer | Asked in Employment Law and Civil Litigation for Colorado on
Q: Won a labor case and then won the appeal Recieved the final order and decision Now served with a civil summons

Does the Certified Final order and decision Trump the civil summons for this case.?

Donald C Eby
Donald C Eby answered on Jul 9, 2019

It is really impossible to answer your question based on the scant facts. You have been served with a lawsuit, even if the lawsuit is a loser (for the Plaintiff) you must answer and assert your defense. I recommend that you contact an attorney to review the facts of the first case and the... Read more »

1 Answer | Asked in Civil Litigation, Federal Crimes and Identity Theft for Colorado on
Q: A friend of mine is on the verge of having to serve a 5 year federal BOP sentence. She needs an injunction against those

She requires a civil injunction against those who seek to deprive her of her property while she is away. She is a New Mexico resident. She owns Harleys... Trucks... A home...etc... Her plea bargain is on the docket for July 11th, 2019. And she has already found that her motorcycles have had their... Read more »

Gary Kollin
Gary Kollin answered on Jul 5, 2019

If she owns that much property, she can afford to retain counsel.

1 Answer | Asked in Small Claims, Civil Litigation, Landlord - Tenant and Libel & Slander for Colorado on
Q: What action to take when forcibly kicked out with no notice?

My landlord on a month to month single room rental that had no lease kicked me out of the house mid month with rent completely paid up to the end of month. He gave no notice at all and forced me to leave immediately without getting all of my belongings, he also forced me to give back my house key... Read more »

Donald C Eby
Donald C Eby answered on Jun 16, 2019

You may want to bring a claim for damages in Small Claims Court.

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