Colorado Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Colorado Questions & Answers
Q: Can I ask a temporary use orders hearing be dismissed in a divorce case?
John Hyland Barrett III's answer
You could ask the court to reconsider its decision since you were not given the opportunity to respond to her motion. However, at this point, your best bet is to just prepare for the new hearing. I doubt the court is going to reverse its ruling about having a hearing where both parties can appear and present evidence and argument.
You could ask the court to reconsider its decision since you were not given the opportunity to respond to her motion. However, at this point, your best bet is to just prepare for the new hearing. I doubt the court is going to reverse its ruling about having a hearing where both parties can appear and present evidence and argument.
Q: How to properly fill out divorce petition.
John Hyland Barrett III's answer
You should check anything which you may want to request. You do not need to have an agreement at this time. For instance, you should check "maintenance" if you have any possibility of requesting maintenance as part of the divorce.
You should check anything which you may want to request. You do not need to have an agreement at this time. For instance, you should check "maintenance" if you have any possibility of requesting maintenance as part of the divorce.
Q: My wife was deeded her fathers 50% of her fathers house where her and I lived. can I file marital property on this?
John Hyland Barrett III's answer
Generally, a gift of property is separate property. However, any increase in the value of that separate property is marital property, subject to an equitable division by the court (meaning a "fair" division, not necessarily an "equal " division) The court can consider the property as still hers if she improperly transferred her interest in the property. However, you may need to join her father into the case since it is now titled in his name. You should retain an attorney to assist you in this...
Generally, a gift of property is separate property. However, any increase in the value of that separate property is marital property, subject to an equitable division by the court (meaning a "fair" division, not necessarily an "equal " division) The court can consider the property as still hers if she improperly transferred her interest in the property. However, you may need to join her father into the case since it is now titled in his name. You should retain an attorney to assist you in this...
Q: Should I sue a seller for pushing back a legal contract to sell while in bankruptcy?
1 Answer
| Asked
in
Bankruptcy, Contracts and Real Estate Law
for
Colorado
on
Answered on Apr 18, 2018
Answered on Apr 18, 2018
Kevin Scott Neiman's answer
Your recourse depends on the consequences of the failure to close, though since that failure would be a breach of contract, you would be entitled to something.
Your recourse depends on the consequences of the failure to close, though since that failure would be a breach of contract, you would be entitled to something.
Q: How do you get title on chap 7 vehicle that payment was not made to bank but car was kept?
Kevin Scott Neiman's answer
If you want the title to the car, you can try to work out a deal with the lender. You may get it for less than you owe.
If you want the title to the car, you can try to work out a deal with the lender. You may get it for less than you owe.
Q: What if i fall behind on my secured debts before my plan is completed, but have it caught up.before the end of 5 years.
Kevin Scott Neiman's answer
Although you don’t have to pay off secured debts before the trustee distributes part of your plan payments to other creditors, you must pay them off before you receive your discharge.
Although you don’t have to pay off secured debts before the trustee distributes part of your plan payments to other creditors, you must pay them off before you receive your discharge.
Q: I need some help with getting custody of my daughter
Stephen J. Plog's answer
You should contact family law attorneys in your area to discuss retainers, rates, etc., as well as to discuss the facts and circumstances of your child custody case.
You should contact family law attorneys in your area to discuss retainers, rates, etc., as well as to discuss the facts and circumstances of your child custody case.
Q: My 18 yr old son committed 2nd degree assault and is awaiting trial. What do I need to do to get him emancipated?
John Hyland Barrett III's answer
Your son is a legal adult at age 18. I don't see that you have any financial responsibility. However, in Colorado, child support goes until age 19. you may have to file a motion to terminate child support if he is in fact emancipated (self-supporting). You should retain an attorney to see if this applies to you.
Your son is a legal adult at age 18. I don't see that you have any financial responsibility. However, in Colorado, child support goes until age 19. you may have to file a motion to terminate child support if he is in fact emancipated (self-supporting). You should retain an attorney to see if this applies to you.
Q: Can I trademark a business name in CO that is already in use for same type of business in CA without a trademark?
Benton R Patterson III's answer
The other business would likely continue to have common law rights to the mark in California. Generally a senior user of a mark retains the right to use the mark in geographic locations where their business operates, even if a subsequent user registers the mark on the federal registry. Depending on the facts, it may still be worthwhile to register the mark at the federal or Colorado state level.
The other business would likely continue to have common law rights to the mark in California. Generally a senior user of a mark retains the right to use the mark in geographic locations where their business operates, even if a subsequent user registers the mark on the federal registry. Depending on the facts, it may still be worthwhile to register the mark at the federal or Colorado state level.
Q: How does the Seller clear title so they can sell me their vacant land in Colorado?
1 Answer
| Asked
in
Real Estate Law, Estate Planning and Probate
for
Colorado
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Timothy Canty's answer
B's son will have to open an ancillary probate in Colorado. Then he can record A's death certificate, a certified copy of the Colorado Letters and a Personal Representative deed to you. A's interest evaporates upon death and B's estate has the right to convey the estate property.
B's son will have to open an ancillary probate in Colorado. Then he can record A's death certificate, a certified copy of the Colorado Letters and a Personal Representative deed to you. A's interest evaporates upon death and B's estate has the right to convey the estate property.
Q: How Can i close a child support case that has been recently opened but not filed yet
Stephen J. Plog's answer
If you are receiving any sort of public assistance they may not let you close it. If not, you could ask them to withdraw from the case and file a joint stipulation with the court to dismiss the case.
If you are receiving any sort of public assistance they may not let you close it. If not, you could ask them to withdraw from the case and file a joint stipulation with the court to dismiss the case.
Q: In Colorado, Single Dad. Can I share a room with my 7yr old Daughter? I can only afford to rent a bedroom.
Stephen J. Plog's answer
There is no law that says you can't. However, if you are going through a custody case, some courts, experts, or the other side might have an issue with it. If able to sleep out on the couch that might be better.
There is no law that says you can't. However, if you are going through a custody case, some courts, experts, or the other side might have an issue with it. If able to sleep out on the couch that might be better.
Q: My businesses creditors threatened to file for an involuntary bankruptcy. What on earth is that, or was it just a
Cristina M. Lipan's answer
Your creditors can file an involuntary petition forcing you into bankruptcy. You can either fight it or proceed with the bankruptcy. Most likely, it will be filed as a chapter 7 involuntary, which means a trustee will be assigned by the court. The trustee would be tasked with administering the bankruptcy estate, meaning liquidating & selling assets to pay your creditors.
Information provided for informational purposes only and should not be taken as legal advice.
Your creditors can file an involuntary petition forcing you into bankruptcy. You can either fight it or proceed with the bankruptcy. Most likely, it will be filed as a chapter 7 involuntary, which means a trustee will be assigned by the court. The trustee would be tasked with administering the bankruptcy estate, meaning liquidating & selling assets to pay your creditors.
Information provided for informational purposes only and should not be taken as legal advice.
Q: Chipped dog miss./ Went to shelter.They called&left mess.,no posting on door, no letter.whats the correct protocol ?
Juliet Piccone's answer
If you mean that you lost your chipped dog, and went to the shelter and did not see him, but then the shelter called you and left a message, there is no legal requirement that they post anything on your door or send a letter. The shelter needs to hold the dog for 5 business days, which includes the day they got the dog, and then by law they own it if you have not reclaimed it. They can charge you an impound fee and daily care fee for holding onto your dog. But if you don't go there physically...
If you mean that you lost your chipped dog, and went to the shelter and did not see him, but then the shelter called you and left a message, there is no legal requirement that they post anything on your door or send a letter. The shelter needs to hold the dog for 5 business days, which includes the day they got the dog, and then by law they own it if you have not reclaimed it. They can charge you an impound fee and daily care fee for holding onto your dog. But if you don't go there physically...
Q: If I rehomed a dog and there was a fee and the person two days later brought him back but not because the dog was bad
Kristina M. Bergsten's answer
If there was no specific agreement on refunding the purchase price of the dog you can likely not refund him. But be careful - he could take you to small claims court. If he wins, you will Ben liable
For the refund and possibly court costs and/or attorney fees, depending on if the court awards those. However, there is the reality of filing fees, which could make it not worth filing to get back a small amount of money. It is going to depend on this guy and how much he wants to prove a...
If there was no specific agreement on refunding the purchase price of the dog you can likely not refund him. But be careful - he could take you to small claims court. If he wins, you will Ben liable
For the refund and possibly court costs and/or attorney fees, depending on if the court awards those. However, there is the reality of filing fees, which could make it not worth filing to get back a small amount of money. It is going to depend on this guy and how much he wants to prove a...
Q: I filed for divorce and my husband is dodging the servers and says he will refuse to sign paperwork, what will happen?
John Hyland Barrett III's answer
You need to get him served. Try using the county Sheriff. If you are using the sheriff, try a private process server. Sometimes they are more resourceful than the sheriff. Once you get him served, the process will proceed even without his cooperation. It will not be uncontested unless you and he reach an agreement on all the issues involved: custody, support, property and debt division.
You need to get him served. Try using the county Sheriff. If you are using the sheriff, try a private process server. Sometimes they are more resourceful than the sheriff. Once you get him served, the process will proceed even without his cooperation. It will not be uncontested unless you and he reach an agreement on all the issues involved: custody, support, property and debt division.
Q: My ex husband has always worked away from home. Our entire marriage and the 5 years since we've had our daughter
Stephen J. Plog's answer
You need to consult with another attorney to go through the facts and circumstances of your case and to get a second opinion. Normally someone doesn't just get to lower their pay to spend more time with their kids, absent special circumstances. If the track record has been him working away that is what a court should hold him to. We would all love to work less or have the dream job to spend more time with our kids, whether going through a divorce or not. The financial realities of life...
You need to consult with another attorney to go through the facts and circumstances of your case and to get a second opinion. Normally someone doesn't just get to lower their pay to spend more time with their kids, absent special circumstances. If the track record has been him working away that is what a court should hold him to. We would all love to work less or have the dream job to spend more time with our kids, whether going through a divorce or not. The financial realities of life...
Q: My ex was just convicted of DV assult & disturb peace against me, he has full custody court order states my visits does
Stephen J. Plog's answer
You need to consult with an attorney regarding your situation. The way to change orders would be the filing of a motion to modify parenting time pursuant to CRS 14-10-129.
You need to consult with an attorney regarding your situation. The way to change orders would be the filing of a motion to modify parenting time pursuant to CRS 14-10-129.
Q: I was ordered to pay attorney's fees but cannot pay because I have been on disability
Stephen J. Plog's answer
You need to consult with an attorney quickly. A court can order fees if frivolous or baseless motions are filed or things are done and it does not have to take your disability into account. That being said, there may be steps you can take to lessen the amount, challenge the ruling, etc. The specific facts need to be known by and discussed with an attorney before anyone can tell you your options. If you are truly unable to pay right away you may need to prove that down the road.
You need to consult with an attorney quickly. A court can order fees if frivolous or baseless motions are filed or things are done and it does not have to take your disability into account. That being said, there may be steps you can take to lessen the amount, challenge the ruling, etc. The specific facts need to be known by and discussed with an attorney before anyone can tell you your options. If you are truly unable to pay right away you may need to prove that down the road.
Q: Okay so I've already been sentenced to 90 days and I was supposed to turn myself in by 4 will I get more charges if not
Brian K. McHugh's answer
You could. It will be up to the sentencing judge. The judge could find you in contempt of court or in violation of a sentence to probation if the jail is part of a probation sentence.
The longer you delay in reporting to the jail the more likely additional jail becomes.
You could. It will be up to the sentencing judge. The judge could find you in contempt of court or in violation of a sentence to probation if the jail is part of a probation sentence.
The longer you delay in reporting to the jail the more likely additional jail becomes.
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