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Colorado Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Is an HOA responsible for responsible to repair a sewage line that services only one unit?

My HOA is facing a dispute on who should pay for repairs on a home water drainage blockage. An owner had an issue in the drainage pipe inside their dwelling that led to a blockage in the main drainage pipe that services only their unit. The owner hired a cleaning service for their pipes and the... Read more »

Donald C Eby
Donald C Eby answered on Oct 24, 2020

The specific language of the HOA governing documents and the specific facts of the blockage and cause of the blockage will be determinative here. If the parties cannot come to an agreement involving an attorney may help to get this resolved or properly prepare the case for ligitagion.

1 Answer | Asked in Family Law for Colorado on
Q: Should I get a lawyer to have my daughters last name changed? Father hasn't been in the picture for 11 years

Courts also would like me to do a revisment on the child support that is put into order.

John Hyland Barrett III
John Hyland Barrett III answered on Oct 23, 2020

Yes, a lawyer can be helpful, especially with the child support issue.

1 Answer | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: Are braces for a child covered under child support?
John Hyland Barrett III
John Hyland Barrett III answered on Oct 22, 2020

This depends on your child support order. You should have a lawyer review yours and advise you.

1 Answer | Asked in Family Law and Civil Litigation for Colorado on
Q: My daughter left her boyfriend and they shared a house in their name and a son. Does she need a court order for perso

Possessions? They can't agree on anything and he changed the locks. He's out for himself and not for his son.

John Hyland Barrett III
John Hyland Barrett III answered on Oct 22, 2020

Since they are not married, she can do a custody case for issues regarding their son. She may need to do a partition action (lawsuit) to deal with the house. She can do a replevin (lawsuit) for her personal property. She should get a lawyer to help her with all this.

1 Answer | Asked in Bankruptcy, Contracts, Banking and Collections for Colorado on
Q: If I was discharged from my bankruptcy and 1.5 years later the bank charges off my auto loan... Can my car be repo'd?

I filed a chapter 7 in 2/2019. It was discharged in 5/2019. During, I tried to reaffirm my auto loan ($48,000) so I could keep my car. Once the bankruptcy was discharged the guy at the bank stops negotiating. He then tells me he can't process the reaffirmation agreement anymore and to fill out... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 21, 2020

A Chapter 7 Discharge does not discharge a secured debt, up to the fair market value of the collateral. In other words, your bank has a lien on your car to the extent, and in the amount of, its fair market value.

But if the loan balance is greater than the car's value, so that there...
Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: can i get out of an easement agreement house sold 1 mo ago way too binding on my use of my own property Sara Passarelli
James Alan Greer
James Alan Greer answered on Oct 18, 2020

Dear Property Owner With Easement: A standard easement is a recorded document that is binding on both owners (both the "servient" and the "dominant" parcel owners), and an easement "runs with the land" (meaning, attaches to the property and impacts all future owners... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: A friend of mine was driving my car and hit a parked car and the accident cause my premium to increase

What are my options as far as getting reimbursed and what about my increase rate in the future

Tim Akpinar
Tim Akpinar answered on Oct 17, 2020

A Colorado attorney could advise best, but your post remains open for two weeks. As a general matter in most places, if you have comprehensive coverage, that could cover damage to your car. But even with that, there is usually a deductible that has to be paid out of pocket first. Being that your... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: I have rented the same house for 7 years. We just signed a lease ending sept 2021. It just came to our attention that

the house is deed restricted and therefor the landlord is in violation of the deed restriction by renting the house out. He is putting pressure on us to buy and we are looking into it, but he says if we don't soon he will put the house on the market and we are going to have to move out. Is... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

Probably true. But you will need an attorney if you contest. Its a cost benefit analysis. To purchase, contest or move - those are the questions. If contest then see an attorney in the county where the property is located.

1 Answer | Asked in Adoption, Child Custody and Child Support for Colorado on
Q: My daughter's father is required to pay child support and has never had a job in the 25 years of his life

His mother has been paying his child support for the last two years, he says the only job he can handle is "selling pot" and has refused to spend his court ordered time with our daughter right up until he found out i was getting married at which time he made false reports to cps and many... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 15, 2020

You have to obey the current parenting plan unless the court changes it. You can file a motion to modify the parenting plan in the best interests of your daughter. I do not see that it is a problem for his mother to pay the child support. Your husband can probably not adopt without the... Read more »

4 Answers | Asked in Trademark for Colorado on
Q: Can you Trademark a online business name, that sells used items along with new items,
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 15, 2020

The Word, Symbol or Device you use to identify your business is a trademark. A trademark can be used as a common-law mark, registered in a state and, if interstate commerce is intended the mark can be registered with the Federal Trademark Office.

The Mark cannot be similar in sight of...
Read more »

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1 Answer | Asked in Contracts for Colorado on
Q: Can a person sue me/take me to court over a made up verbal agreement?

I am a dog breeder and used this person's stud. They wanted a puppy from the litter in exchange for stud service. They mentioned wanting a female or male. There was never once any mention of this being the pick of the litter puppy. Just a puppy. Now they are saying they were supposed to get... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 15, 2020

Who are the witnesses to the spoken agreement. Just you and the other person? Are there any who were nearby and heard or could hear the discussion? If its your word against her word then the court room presentation to a judge may turn on the difference in value between the "pick" and... Read more »

1 Answer | Asked in Car Accidents, Insurance Defense and Libel & Slander for Colorado on
Q: Person moved but still continue s to use old address as proof of address
Tim Akpinar
Tim Akpinar answered on Oct 15, 2020

A Colorado attorney could advise best, but your post remains open for a month. If it was done close to the time of moving, it could have been an oversight. At any rate, correcting it could help avoid future headaches. Good luck

Tim Akpinar

1 Answer | Asked in Child Support for Colorado on
Q: Child support question

Hi I live in Colorado and a year ago I found out I might have a 14-year-old son. He was being raised by his mom and his father but his mom decided to let me know that he could be mine now they are trying to get child support from me is this something I am legally responsible for?

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

You may be responsible if he is your biological child. The mother would have to bring a paternity case against you. Then there could be paternity testing done to determine if you are the father. If that happens, you should get a lawyer to help you with this.

1 Answer | Asked in Medical Malpractice and Personal Injury for Colorado on
Q: In dental malpractice cases does statutes begin at the time of discovery if discovery isn’t until 3 years later?

I discovered bone loss in my jaws 3 years after my treatment because the dentist continued to adjust my dentures for 1 1/2 years )due to an error when making impressions) and then decided I couldn’t wear dentures after all bcuz I was a rare person who couldn’t wear them and needed implants... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 13, 2020

A Colorado attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a Colorado attorney, a general premise applied in many jurisdictions that observe a discovery rule in med mal cases is that the clock starts running from when something was... Read more »

1 Answer | Asked in Employment Law and Personal Injury for Colorado on
Q: My employer agreed to do a Covid study with a college in Fort Collins Co. The study was for 8 weeks one nasal test per

Week.We were asked to sign a permission form that clearly stated it was voluntary.

However the employer told employees that if we refused the testing we would be taken off the schedule. This does not allow us to make decisions about our own bodies.Thank You

Tim Akpinar
Tim Akpinar answered on Oct 12, 2020

A Colorado attorney could advise best, but your post remains open for two weeks. In terms of the personal injury aspects of the matter, it does not appear to be something that would form the basis for a personal injury claim. Such a claim would require the element of damages. And if participants... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: What are the codes on probation extension and can it exceed the max sentence of the crime
Douglas T. Cohen
Douglas T. Cohen answered on Oct 12, 2020

Good day, The short answer is "it depends, more info is needed."

The longer answer: If this is a Colorado case, every felony and misdemeanor in Colorado has a different presumptive range of what you can be sentenced to. However, in general, the maximum years you can be...
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1 Answer | Asked in Elder Law and Legal Malpractice for Colorado on
Q: If I send an attorney an email is it the same as sending a letter certified mail

Where or how do I get my answers

Tim Akpinar
Tim Akpinar answered on Oct 11, 2020

A Colorado attorney could advise best, but your question remains open for four weeks. As a GENERAL matter, email could provide proof that a communication was sent. Whether it is given identical treatment could depend on the context and setting. In the Federal Rules of Civil Procedure, there is... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What is the difference between a CFI and a GAL? I’m confused

Which one is better? Who goes into more detail to benefit the child? Child is young, 6 years old this is a high conflict custody.

John Hyland Barrett III
John Hyland Barrett III answered on Oct 8, 2020

A CFI is a "Child and Family Investigator". This is person appointed by the court to investigate the situation na give recommendations to the judge about a disputed custody issue. The CFI is usually a mental health professional or an attorney. The parties are usually responsible for... Read more »

2 Answers | Asked in Animal / Dog Law for Colorado on
Q: helping ex&kids by letting them stay at my home let my dog of 4yrs stay w kids found out from daughter ex gave dog away!

police animal control said theres nothing they can do ! Have receipts of adoption ,food ,vet care,kenneling and fact that I raised him since a pup! Was helping ex out by letting her and kids stay in my home and she had even bought a cat for company I would have been fine if dog went to oregon and... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Oct 7, 2020

You will need to sue this person in replevin in county court. It is best to do this sooner, rather than later. Report the dog as missing to the chip company, too. You might also want to try calling code enforcement (they handle animal related calls in Englewood) rather than the police.

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