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1 Answer | Asked in Divorce, Child Custody and Health Care Law for Colorado on
Q: Can I request food logs from my wife’s lawyer concerning my daughter’s metabolic disease PKU her levels continue to rise

Oh haven’t seen my daughter in 210 days because my wife is manipulating the system in order to have sole custody and decision making. In those 210 days my daughters lab results have been consistently rising and it’s causing concern. Just wondering my options. I can’t afford an attorney but... View More

Sabra M. Janko
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answered on Sep 30, 2023

You would be better off attempting to obtain medical records rather than attempting to make a medical determination yourself. The records are protected by HIPPA, however as a parent you are entitled to the medical records of your child which you can obtain from the medical facility itself.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My spouse's response to me filing for divorce is to ask the court to enter orders on property division and maintenance.

What does that mean? He has an attorney, I'm poor and don't have one. Thank you

Christopher N. Little
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Christopher N. Little
answered on Sep 29, 2023

Great question!

First, I am very sorry to hear that you are going through this; divorce is generally associated with difficult times in folks' lives and I feel for you. To answer your question, your spouse has asked the Court to enter Orders concerning all of the property subject to...
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1 Answer | Asked in Gov & Administrative Law for Colorado on
Q: Can you help me find C.R.S. § 13-21-414. I have looked all over westlaw and google, nothing has turned up.

Looking for a Colorado Statute. Just to avoid any confusion.

Michael Joseph Larranaga
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answered on Sep 28, 2023

Is it possible that you have the wrong statute number? In Westlaw and Lexis, you should be able to pull up Colorado Revised Statutes, and pull Title 13 Article 21 to determine if that specific statute exists. Pay specific attention to the numbers. Colorado, reserves spaces so it is possible to jump... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Must a landlord provide a tenant with a receipt when the tenant pays rent in Colorado?
Michael Joseph Larranaga
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answered on Sep 28, 2023

Colorado did recently pass a law regarding a landlord's responsibility to provide a tenant with a receipt for cash payments. There are exceptions, but it is generally good practice to give your tenant a receipt. That being said, the damages resulting from such a failure would be difficult to prove.

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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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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1 Answer | Asked in Contracts, Tax Law, Admiralty / Maritime and Gov & Administrative Law for Colorado on
Q: What motion to the courts would be filed to obtain financials of accounting, ledgers, tax ID, of cash only bond put up?

100k for one individual another 100k for another individual court bonds and 10grand for another cash only court bond for tax purposes

T. Augustus Claus
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answered on Sep 26, 2023

In Colorado, if you're looking to obtain financial records related to court bonds, such as accounting ledgers or tax ID information, you might consider filing a "Motion for Discovery" or "Motion to Compel Disclosure." These motions are generally used to request specific... View More

1 Answer | Asked in Contracts, Tax Law, Admiralty / Maritime and Civil Rights for Colorado on
Q: a motion for an assessment of the bond monies. Would be filed in what jurisdiction of a district Court?

Securing bond monies, obtaining the account ledger of monies, tax audit, and ledgers, of account.

T. Augustus Claus
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answered on Sep 26, 2023

In Colorado, if you're looking to obtain financial records related to court bonds, such as accounting ledgers or tax ID information, you might consider filing a "Motion for Discovery" or "Motion to Compel Disclosure." These motions are generally used to request specific... View More

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

1 Answer | Asked in Immigration Law for Colorado on
Q: If I’m travelling from Ireland to India holding an Indian passport, do I need to show my Irish visa on the airport?

Or they will just ask for my password and that’s all

James L. Arrasmith
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answered on Sep 21, 2023

Typically, when traveling from Ireland to India with an Indian passport, you would not need to show your Irish visa. Indian passport holders would usually be asked for their passport, relevant travel documents, and a valid visa for India upon arrival. However, it's essential to check the... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: How can I get my criminal case discovery
T. Augustus Claus
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answered on Sep 20, 2023

In Colorado, if you're seeking discovery for your criminal case, it's essential to work closely with an attorney. Discovery is a crucial part of the legal process where both sides share pertinent evidence. According to the Colorado Rules of Criminal Procedure, particularly Rule 16, the... View More

2 Answers | Asked in Contracts, Real Estate Law and Tax Law for Colorado on
Q: Seller will only sell us the house if we also buy the furniture for $35000 in a separate transaction twice the value of

Furniture might be worth 10,000 max but seller wants 35000 in separate transactions from house perchase of 600000 we really want the house so we are forced into this furniture deal . Do we just go along with it and over pay for the furniture and keep the sellers happy it’s like they are hiding... View More

Michael Joseph Larranaga
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answered on Sep 22, 2023

Sorry, it is the seller's responsibility to deal with their taxes. It only becomes a problem for you when you both start colluding not to pay taxes.

The seller has the right to sell his property for as much as they want. We live in a free market so if a buyer will pay it then why not?...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Can my ex husband sue me for taking everything when I moved out if nothing was contested in court?

I have a restraining order against him. He came with the police to get his stuff before we were officially divorced. Once I was ordered to move out, the judge asked if anything was being contested, we both said no. I packed everything and moved. Now he's saying I stole his stuff and is... View More

Christopher N. Little
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Christopher N. Little
answered on Sep 18, 2023

Hi there,

You ask a great question. Let me first say that I am glad you are reaching out for professional assistance. Times like this are often some of the most uncertain and fraught with perceptibly difficult-to-navigate circumstances. I commend you for searching for resources and input....
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2 Answers | Asked in Personal Injury and Insurance Defense for Colorado on
Q: I am trying to determine how much personal liability umbrella insurance to have in Colorado.

In my research, I believe that my and my spouse's IRA and Roth IRA accounts are protected. However, are our SEP and HSA accounts as well as our personal residence also protected?

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Sep 15, 2023

My opinion: This is a personal question that, like other insurance questions, comes down to your tolerance for risk. Generally, it's good to also consider other assets, including earning capacity. A lawyer or a doctor likely has a higher earning capacity than a McDonalds window employee or a... View More

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2 Answers | Asked in Personal Injury and Insurance Defense for Colorado on
Q: I am trying to determine how much personal liability umbrella insurance to have in Colorado.

In my research, I believe that my and my spouse's IRA and Roth IRA accounts are protected. However, are our SEP and HSA accounts as well as our personal residence also protected?

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2023

It could be difficult to predict what an aggressive and determined plaintiff would choose to pursue - depending on what theory they might present in a given lawsuit. A starting point could be to consult with an insurance professional to get a handle on premiums for different scopes and levels of... View More

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1 Answer | Asked in Real Estate Law for Colorado on
Q: How to transfer property ownership with only existing mortgage value and no capital gains?

My mother's name is on the title and mortgage for the condo I am living in while I pay all the fees. I am set up as a renter with no profits. I am now in a position to take ownership of the property and remaining mortgage. Adding my name to the existing mortgage is not an option. She... View More

Michael Joseph Larranaga
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answered on Sep 15, 2023

Unfortunately, this is not an easy situation. If you want to avoid fees, you should probably talk to a tax attorney. I do not think you can avoid all taxes. You may be able to defer taxes or maybe defer then fall into an exception, but Uncle Sam always gets his cut in the end. Your mother could... 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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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?

Michael Joseph Larranaga
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answered on Sep 15, 2023

I agree that it all depends on the contract. In addition, it depends on how those funds are classified which again will be affected by the contract. Did you buy vouchers, is it a prepayment for services, or other?

Depending on the school, you may also consider talking to the other parents...
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1 Answer | Asked in Tax Law and Probate for Colorado on
Q: Does a person need to give notification to an owner with back taxes. A certian amount of time to take care of a tax lien

Also if that owner is deceased and the there is a will showing that the property is given to a child but the probate haven't taken place yet due to possible fraudulent proceedings from ex wife with the will concerning other things not the property.

James L. Arrasmith
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answered on Sep 14, 2023

In Colorado, property owners are generally notified about tax liens and given a specific period to address the outstanding taxes. If the owner is deceased and there is an ongoing probate process, the resolution of tax matters may be addressed as part of the probate proceedings, which can vary in... View More

3 Answers | Asked in Personal Injury and Education Law for Colorado on
Q: Can I sue my sons school for negligence if he was assaulted at school by another student

Law enforcement nor myself was contacted

Michael Joseph Larranaga
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answered on Sep 15, 2023

There is not enough info here to know anything. How was the school involved, was a teacher involved, did this occur on campus, was it a fight or just a battery, and so on? Liability depends on the underlying facts.

If your kid was seriously injured, you need to talk to an attorney that can...
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