Colorado Questions & Answers

Q: I am entitled to temporary partial disability?

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on Oct 22, 2018
Julie Swanberg's answer
Given that scenario, yes, you would be entitled to two thirds of the difference between your wages just before your injury and your wages now. Again, the 3-day waiting period (as it's called) applies.

Q: If I was injured and did not miss work, should I receive an admission of liability or denial from insurance co?

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on Oct 22, 2018
Julie Swanberg's answer
They don't have to file an admission of liability or a notice of contest unless you have lost the equivalent of 3 days or three shifts from work. If you are working fewer hours as a result of your injury, for example, if the doctor's restrictions say you cannot work as many hours as you used to, as soon as you accumulate 24 hours that you have not worked, that will trigger the insurance company's requirement to admit or deny liability. Presumably, you have kept track of how many hours fewer...

Q: My bf gave me a dog over two years ago I had him micro chipped and his shots can he take him from me in Colorado

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Oct 22, 2018
Kristina M. Bergsten's answer
He would have to sue you and win in order to legally take the dog from you. But again, he would have to sue you and win in court.

Q: Got a compliance letter to comply in 3 days. I'm surendering the property but other lease holder wont?

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Answered on Oct 22, 2018
Ashley Dean Powell's answer
If you are willing to surrender the property and cooperate with the landlord, then you may want to try to talk to the landlord about being released from the lease in writing or some writing acknowledging that you have surrendered the property, keys, etc. Ideally, you would get details like the official termination/surrender date, your liability for any specific damages, waiver of your liability for costs to evict your roommate, and any other outstanding items between you and your landlord. Even...

Q: Will a defendent get credit for presentence jail time towards a sentence of work release in Colorado?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Oct 21, 2018
Brian K. McHugh's answer
Any time in jail waiting for resolution of the case, whether the resolution is sentencing based on a plea or trial verdict, or sentencing based on a violation of probation, will be credited against the sentence imposed. That is true on work release and straight jail sentences.

Q: My house was raided with a federal search warrant and they found some stuff now I'm sitting in jail under a parole viola

1 Answer | Asked in Criminal Law for Colorado on
Answered on Oct 21, 2018
Brian K. McHugh's answer
There is no statute of limitation for a warrant. If you are regressed to DOC for violating parole you, will receive credit for the six months in jail against the time remaining on your DOC sentence.

Q: nature and complexity of action? potential merit of claims? Exactly what does this mean?

1 Answer | Asked in Constitutional Law for Colorado on
Answered on Oct 21, 2018
Timur Akpinar's answer
The nature of an action is the type of case it is - contract, tort, infringement, etc. The complexity is just what the word means - whether it involves multiple parties, difficult legal theories, expert opinions, etc. Merit essentially means the validity of the action.

Tim Akpinar

Q: ISO: business/tax lawyer

1 Answer | Asked in Tax Law, Business Formation and Business Law for Colorado on
Answered on Oct 20, 2018
D. Mathew Blackburn's answer
Tax is not restricted to only attorneys that are licensed in the state. I have cases in about 10-11 different states. I'd have to go count them to be sure.

A Colorado attorney can help you with this issue.

Q: Who legally owns a cat if one person has the vet records in their name and another has the microchip in theirs?

1 Answer | Asked in Family Law and Animal / Dog Law for Colorado on
Answered on Oct 20, 2018
Kristina M. Bergsten's answer
Wow! That is quite the situation you are in! Since person B is the original owner, most likely the cat belongs to him/her. But if persona A and B made an agreement that person A is the new owner, then it belongs to person A. More facts are needed to properly analyze this question. Either way, it sounds like these people need to come to an agreement or take it to court to let the court decide who owns the cat.

Q: Someone broke my fence, stole my dog and then called me to come get her because she thinks she's neglected.

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Oct 20, 2018
Kristina M. Bergsten's answer
I’m confused by your last sentence whether you have your dog back, but if you do not you can call the police and ask them to help you get your dog back. You can press charges for theft, destruction of Propety (vandalism), and trespassing. The cops will likely ultimately decide what to charge this person with.

Q: We had a reaffirmation for our car loan that our attorney failed to file with the courts. Can it be re opened and signed

1 Answer | Asked in Consumer Law and Bankruptcy for Colorado on
Answered on Oct 19, 2018
Timothy Denison's answer
Yes. It can be reopened and filed. Whether it is in your best interests is another issue. You will probably have to pay the reopening fee to get it filed. I doubt the attorney will pay it although you can always ask.

Q: My son 2 years ago got a class4 felony for burglary of a church to sleep because we kicked him out. Do I need lawyer

2 Answers | Asked in Criminal Law for Colorado on
Answered on Oct 19, 2018
Brian K. McHugh's answer
Yes, you should get your son a lawyer. A Burglary charge is taken very seriously by prosecutors.

Q: Can I transfer assets out of my name into someone else’s before filing bankruptcy?

2 Answers | Asked in Bankruptcy for Colorado on
Answered on Oct 18, 2018
Timothy Canty's answer
Yes you can. However, you must disclose all such transfers. If you did not get equivalent value in return, the bankruptcy trustee can sue the person you transferred the property to and make them give/pay it back. If you don't disclose all such transfers, you will have committed a federal felony.

Q: Colorado tenant laws and what to do

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Oct 18, 2018
Ashley Dean Powell's answer
If you are referring to a cooking stove, the you should probably start by reviewing your lease to determine whether landlord has the duty to repair/maintain any appliances, including the stove. If you believe your landlord has a duty to maintain it, you should report the problem in the manner required by the lease (always best to have it in writing). If you are referring to a stove that is your main source of heat, then that may be a warranty of habitability issue; see below.

As for the...

Q: Dog Advocate has posted online pictures of my lost dog. Refuses to meet me at animal shelter to prove he is not chipped.

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Oct 18, 2018
Kristina M. Bergsten's answer
You need to sue her in replevin ASAP! If she works for a shelter, then there is only 5 days before the dog is considered "abandoned" and legal title of the animal transfers to the shelter. It sounds like you have been in contact with her, and she should meet you, but if she is not, it sounds like she needs some prodding from the legal system to get her attention.

Q: Does Colorado law require a court judgement prior to a lien (not a mechanics' lien) being placed on real estate?

1 Answer | Asked in Real Estate Law for Colorado on
Answered on Oct 17, 2018
Donald C Eby's answer
A judgment is one way to obtain the right to lien but not the only way. Likely, the lien that you describe is a "spurious" lien and you may need to bring suit to have it removed and recover your damages.

Q: I bought property from I gave her $71,000 and then some and she wont sign the deed. What do I do

1 Answer | Asked in Real Estate Law for Colorado on
Answered on Oct 17, 2018
Donald C Eby's answer
You may need to get an attorney to bring a quiet title action on your behalf.

Q: A family trust gave us funds to assist in the purchase of a home. After the purchase they filed a lien on the property?

2 Answers | Asked in Estate Planning and Real Estate Law for Colorado on
Answered on Oct 16, 2018
Donald C Eby's answer
Based on your facts this is likely a spurious lien. You have no obligation to agree to new terms after the gift or loan was delivered. You should contact an attorney to assist you in removing the lien.

Q: Someone filed a lien against my property. This is not a contractor, it is a person who claims I owe them money. Plz advz

2 Answers | Asked in Real Estate Law for Colorado on
Answered on Oct 15, 2018
Donald C Eby's answer
You may want to have an attorney bring suit to remove the improper lien. If this is not a contractor or supplier of materials for the land or if you have not pledged the land as collateral for a loan, it is likely that this is a faulty lien and you may be able to collect damages.

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