Colorado Questions & Answers

Q: Landlord threatens to call Sheriff and change locks (see details below).

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Apr 17, 2019
Donald C Eby's answer
No - but you may be entitled to your 6 days of rent.

Additionally, the LL has a duty to comply with the CO Sec Dep Act or he may face triple damages for not properly accounting for your security deposit.

If you are unfamiliar with this rule you should contact an attorney if you fee your sec deposit has not been properly handled.

Q: My dog died because the sitter gave it insulin shots meant for my other dog. What recourse can I pursue?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Apr 17, 2019
Kristina M. Bergsten's answer
You can sue this person in small claims court for the loss of your dog, the injury o your diabetic dog, and any and all vet bills and other related costs.

Q: how do i add a parcel number to a filed qcd that only has the address?

1 Answer | Asked in Real Estate Law for Colorado on
Answered on Apr 16, 2019
Donald C Eby's answer
You'll need to file a corrective deed.

Q: my husbands ex owes him $10000 in child support she pays $20 a month when she should pay $520 for 2 kids.what can we do

1 Answer | Asked in Child Custody and Child Support for Colorado on
Answered on Apr 15, 2019
John Hyland Barrett III's answer
Your husband has a variety of remedies, including contempt and garnishment of her wages. He may be able to get a modification of parenting time/decision making. One approach would be to have the court appoint a Child and Family Investigator or a Parental Responsibility Evaluator to review the situation and make recommendations about custody. He should get a lawyer to help him with all this.

Q: How much does an application for a patent and trademark for an industrial process cost.

2 Answers | Asked in Patents (Intellectual Property) and Trademark for Colorado on
Answered on Apr 14, 2019
Peter D. Mlynek's answer
A patent costs around $20,000. It could be as little as $10,000, or as much as $40,000 or more.

A trademark will cost about around $800 to $1500 to get.

Q: My question is for a Colorado lawyer only and pertains to title 18 and state obscenity laws. Webcam question

1 Answer | Asked in Criminal Law and Internet Law for Colorado on
Answered on Apr 12, 2019
Andrew John Contiguglia's answer
It sounds like you're within the legal norm. Without knowing the full detail of your performances, I can't give you the most direct answer. Assuming it doesn't go against any community norm for sexual acts, you're likely free to play to your heart's content.

I've represented individuals in adult entertainment for many years, and have yet to see a criminal prosecution for what you're describing. I think your biggest concern should be age verification of any local girls you bring in to...

Q: Do i need to collect sales tax if im a service provider

1 Answer | Asked in Business Formation and Business Law for Colorado on
Answered on Apr 12, 2019
Andrew John Contiguglia's answer
No. The collection of sales tax only applies if you are selling goods.

Q: Purchased new home 2019. Weeks later the house is getting cracks in the walls, ceiling fell due to snow, shingles off.

1 Answer | Asked in Construction Law for Colorado on
Answered on Apr 12, 2019
Donald C Eby's answer
You have substantial damage to your new home! Likely this falls under the Colo Const. Defect Act which allows you to claim 3X damage if a builder is uncooperative.

You should contact an attorney to discuss this process before your home is further damaged.

Q: Is it legal in colorado to charge late fees during a 3 day notice? They added $60 more than what was written on notice

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Apr 12, 2019
Donald C Eby's answer
So long as it is agreed to in the lease, this would be allowed. But, charging these fees and accepting partial payment could invalidate the 3 day Notice if LL attempts to initiate an eviction action.

I recommend contacting an attorney if you are served a summons and complaint.

Q: Can I legally steal my dog back from my dad because I have proof of ownership? He took my dog

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Apr 12, 2019
Kristina M. Bergsten's answer
No, you cannot “legally steal” your dog back. You can sue your dad in court to get your dog back. The police will generally not get involved in these sorts of matters when there is family/relatives/romantic relationships involved.

Q: I was in an accident in CO in 2018 from hitting a patch of ice. The officer gave me a ticket for careless driving.

1 Answer | Asked in Car Accidents, Personal Injury and Traffic Tickets for Colorado on
Answered on Apr 10, 2019
Brian Michael Bradford's answer
Whether you should pay a ticket/fine or fight it, is a matter of personal preference taking into account factors like risk, cost, time, etc. Whether you have a case worth fighting depends on the facts of your situation, and the pros/cons and strengths/weaknesses of your options cannot be determined based on the information you provided.

Q: I need to know what motions to file to Quash a warrant in Adams county co

1 Answer | Asked in Criminal Law for Colorado on
Answered on Apr 10, 2019
Courtney Edwards' answer
You would file a "Motion to Quash Warrant."

Q: Our neighbors dogs keep busting through the fence and entering our backyard. Can we open our gate and let the dogs loose

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Apr 10, 2019
Kristina M. Bergsten's answer
I would highly recommend calling animal control and have them remove the dogs. This will accomplish two things: 1) animal control will safely and effectively remove the dogs and ticket the owners for letting them run loose; and 2) protect you from any lawsuits if you purposely let the dogs outside and they get injured or killed (even if the injury or death was accidental and not caused by you).

Q: What falls under joint decision making in regards to religion? My ex husband claims only baptism... Thank you.

1 Answer | Asked in Family Law for Colorado on
Answered on Apr 8, 2019
John Hyland Barrett III's answer
THIS MAY DEPEND ON THE EXACT WORDING OF YOUR AGREEMENT.IN GENERAL, THE COURT SEEM OK WITH A PARENT TAKING A CHILD TO RELIGIOUS SERVICES DURING THAT PARENT'S PARENTING TIME. YOU MAY BE ABLE TO REQUEST A MODIFICATION TO YOUR PARENTING PLAN TO GIVE ONE OR THE OTHER OF YOU SOLE DECISION MAKING REGARDING RELIGION. YOU SHOULD CONSULT AN ATTORNEY TO REVIEW YOUR PAPERS AND ADVISE YOU.

Q: What are the penalties expected for a first offender of code 42-4-1301(1)(b) if blood alcohol content was 0.06

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Apr 8, 2019
Courtney Edwards' answer
If you are convicted of or plead guilty to DWAI first, the possible penalties are 2 -180 days in jail, completion of an alcohol evaluation and any recommended treatment, a fine of $200 - $500, 24 hours of community service, and up to two years of supervised probation.

However, you should ask for a deferred judgment or some other type of plea because if you plead guilty to DWAI with a .06, it still counts as a "first offense" if you were to get a second one.

Q: Am I assigned a public defender when arrested?

2 Answers | Asked in DUI / DWI for Colorado on
Answered on Apr 8, 2019
Kristofher Beralo's answer
On your first appearance, the court will ask you whether or not you want to hire an attorney. If you cannot afford an attorney, the court will ask you to fill out a form so that a public defender could represent you.

Q: I have a notice to quit in 60 days landlord is a jerk very abusive and harassing. When asked for a week grace period?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Apr 7, 2019
Donald C Eby's answer
If you are in fear of your health or safety you should go to the court to get a restraining order.

If you do not pay the rent as due the LL may issue a 3 day demand for rent or possession.

If your LL has an attorney working for him you should consider hiring an attorney to represent your best interests and advise you as related to your options, rights, and risks.

Q: Who is responsible for intentional mechanic fraud. The owner or insurance company

1 Answer | Asked in Consumer Law and Contracts for Colorado on
Answered on Apr 7, 2019
Bruce Alexander Minnick's answer
Unless the mechanic has performance liability insurance (very unlikely) you will have to sue the mechanic. Very easy to do; collecting on a judgment later is very hard to do.

Q: How can I get my dog back after my friend gave her to his girlfriend even though it was against our agreement?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Apr 7, 2019
Kristina M. Bergsten's answer
Wow! I’m sorry to hear all of this! Unfortunately, the only proper and legal way to get your dog back is to take this woman to court. You could try to reach out to her to negotiate the return of the dog by re-purchasing her from this woman - but that would be the only way to get the dog back.

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