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 a minor in Colorado claim copyright?
Griffin Klema's answer
Since you have access to LexisNexis, try searching for Colorado property ownership laws concerning minors. Or more specifically "intellectual property" ownership by a minor. You should be looking for a statute relating to minors and property, perhaps language like to “sue or be sued” or “enter into binding legal obligations” (for example, see General Obligations, § 3-101, Laws of New York).
Good luck!
Griffin Klema
https://klemalaw.com
Since you have access to LexisNexis, try searching for Colorado property ownership laws concerning minors. Or more specifically "intellectual property" ownership by a minor. You should be looking for a statute relating to minors and property, perhaps language like to “sue or be sued” or “enter into binding legal obligations” (for example, see General Obligations, § 3-101, Laws of New York).
Good luck!
Griffin Klema
https://klemalaw.com
Q: Hello, can an attorney ask for updated bank statements a second time after ive already sent some previously?
2 Answers
| Asked
in
Family Law, Child Custody and Child Support
for
Colorado
on
Answered on Sep 15, 2017
Answered on Sep 15, 2017
Stephen J. Plog's answer
C.R.C.P. Rule 16.2 does require people to update their financial documents. With a hearing coming up that quickly, such a request by the attorney is normal and reasonable. You should certainly ask that they provide the same.
C.R.C.P. Rule 16.2 does require people to update their financial documents. With a hearing coming up that quickly, such a request by the attorney is normal and reasonable. You should certainly ask that they provide the same.
Q: Do you have to infom the other party if you have a lawyer?
John Hyland Barrett III's answer
Your ex may be consulting with an attorney. He does not need to tell you about that. If the attorney drafts any pleadings for him, that needs to be disclosed on the pleading, EXCEPT for pre-approved forms such as the Pattern Interrogatories and Requests. The non-pattern requests should have the disclosure if they are prepared by an attorney. You should retain an attorney to even the playing field.
Your ex may be consulting with an attorney. He does not need to tell you about that. If the attorney drafts any pleadings for him, that needs to be disclosed on the pleading, EXCEPT for pre-approved forms such as the Pattern Interrogatories and Requests. The non-pattern requests should have the disclosure if they are prepared by an attorney. You should retain an attorney to even the playing field.
Q: Who's fault is it if a bicyclist is hit going against traffic on the sidewalk at high speeds crossing a enrtyway?
Samuel Ventola's answer
I sympathize with you because you wouldn't normally be looking for somebody coming against traffic and at a high rate of speed on the sidewalk. I'd say the bicyclist was at least part at fault, but that doesn't mean somebody couldn't conclude you were also at fault. I'm not expert on traffic tickets but I'd probably fight it. However, even if you are convicted or pay the ticket, it probably won't be admissible in any lawsuit by the bicyclist.
I sympathize with you because you wouldn't normally be looking for somebody coming against traffic and at a high rate of speed on the sidewalk. I'd say the bicyclist was at least part at fault, but that doesn't mean somebody couldn't conclude you were also at fault. I'm not expert on traffic tickets but I'd probably fight it. However, even if you are convicted or pay the ticket, it probably won't be admissible in any lawsuit by the bicyclist.
Q: My aunt died back in January and left me a substantial amount of money in her estate. How do I get the money?
Samuel Ventola's answer
It all depends on the language of your aunt's will. You should probably have an attorney review it and if you have rights to write a letter for you or submit a claim if necessary.
It all depends on the language of your aunt's will. You should probably have an attorney review it and if you have rights to write a letter for you or submit a claim if necessary.
Q: My lease expired and I am currently paying month-to-month as a holdover. I am a co-tenant on the old lease that expired.
Tristan Kenyon Schultz's answer
A holdover tenant can leave after 30 days notice. The landlord does not need to "accept" the termination (or the roommate for that matter). The landlord cannot force holdover tenant(s) to stay beyond 30 days (note: if a signed lease exists all parties have to wait until the term expires or early termination is triggered).
If you decide send notice. Send it via a registered letter or an email for documentation (this may help if other legal issues arise).
After the 30 days...
A holdover tenant can leave after 30 days notice. The landlord does not need to "accept" the termination (or the roommate for that matter). The landlord cannot force holdover tenant(s) to stay beyond 30 days (note: if a signed lease exists all parties have to wait until the term expires or early termination is triggered).
If you decide send notice. Send it via a registered letter or an email for documentation (this may help if other legal issues arise).
After the 30 days...
Q: I own a house. My girlfriend moved in 5 months ago and we broke up recently. She hasn't paid rent in 3 months.
1 Answer
| Asked
in
Civil Rights, Real Estate Law and Landlord - Tenant
for
Colorado
on
Answered on Sep 13, 2017
Answered on Sep 13, 2017
Tristan Kenyon Schultz's answer
The best practice is to provide 30 days written notice of termination. Some lawyers argue that notice is not required because she is not paying rent and not on the lease, but this approach presents risks and may not be legal in Colorado (esp. with a domestic relationship).
The best practice is to provide 30 days written notice of termination. Some lawyers argue that notice is not required because she is not paying rent and not on the lease, but this approach presents risks and may not be legal in Colorado (esp. with a domestic relationship).
Q: Can I sue the pet sitter and get my money back?
Tristan Kenyon Schultz's answer
You can sue in small claims court. You can visit the Colorado Courts webpage for all the forms.
For technical (legal) advice you may want to contact a lawyer. Expect to pay for the lawyer's time.
You can sue in small claims court. You can visit the Colorado Courts webpage for all the forms.
For technical (legal) advice you may want to contact a lawyer. Expect to pay for the lawyer's time.
Q: There is no explicit language to the type of pets our renter can have. Our renter got two kittens
Tristan Kenyon Schultz's answer
Both the tenant AND landlord are bound by the terms of the existing lease. The landlord, like the tenant, can propose amendments or a new lease but neither side is obligated to accept any modifications. Applying pressure to amend via threated litigation, increased inspections/visits, and/or termination of the lease create a separate legal action in which the tenant can pursue punitive damages against the landlord.
Both the tenant AND landlord are bound by the terms of the existing lease. The landlord, like the tenant, can propose amendments or a new lease but neither side is obligated to accept any modifications. Applying pressure to amend via threated litigation, increased inspections/visits, and/or termination of the lease create a separate legal action in which the tenant can pursue punitive damages against the landlord.
Q: the mother of the father of my child took my son with the father of my child's permission. I want my son back. How?
Tristan Kenyon Schultz's answer
If you have a custody agreement, you can seek court enforcement of the existing agreement (assuming it grants you some amount of custody).
If you do not have a custody agreement, then you will need to file for custody. If you are concerns that the child will leave the state, it is recommended that you file sooner rather than latter.
You may need a lawyer for assistance. Expect to pay for the attorney's time.
If you have a custody agreement, you can seek court enforcement of the existing agreement (assuming it grants you some amount of custody).
If you do not have a custody agreement, then you will need to file for custody. If you are concerns that the child will leave the state, it is recommended that you file sooner rather than latter.
You may need a lawyer for assistance. Expect to pay for the attorney's time.
Q: How can I prove father of my children has failed to complete court order of child support willingly?
Stephen J. Plog's answer
Proving there was a court order requires bringing a copy of the court order to your hearing. Proving he knew about the court orders can be shown by showing he made child support payments or, if the order derives from an agreement, showing he signed the agreement. Text messages and emails could also be used. Showing he did so willingly is as simple as showing he had a job. In terms of showing he failed to pay, your testimony that you didn't receive the money is one way. If he pays you...
Proving there was a court order requires bringing a copy of the court order to your hearing. Proving he knew about the court orders can be shown by showing he made child support payments or, if the order derives from an agreement, showing he signed the agreement. Text messages and emails could also be used. Showing he did so willingly is as simple as showing he had a job. In terms of showing he failed to pay, your testimony that you didn't receive the money is one way. If he pays you...
Q: Can an active child support order be modified requesting the absent parent to help with college tuition? My child is 18.
Stephen J. Plog's answer
No. Starting July 1, 1997, courts were no longer allowed to order a parent to pay for college costs unless the parties had previously agreed to such in writing adopted by the court. In your situation, the absent parent's only responsibility is to pay the child support until age 19.
No. Starting July 1, 1997, courts were no longer allowed to order a parent to pay for college costs unless the parties had previously agreed to such in writing adopted by the court. In your situation, the absent parent's only responsibility is to pay the child support until age 19.
Q: How do I get money from getting ,1/2 the house
Tristan Kenyon Schultz's answer
Where are you in the divorce process (negotiations, post decree, etc.)?
If you have a decree you can seek court enforcement of the decree.
Try resubmitting with a little more information.
Where are you in the divorce process (negotiations, post decree, etc.)?
If you have a decree you can seek court enforcement of the decree.
Try resubmitting with a little more information.
Q: How will a Judge require reimbursement of overpaid child support?
Tristan Kenyon Schultz's answer
First, voluntary decreases in income do NOT reduce child support. If he quit this job or stepped down, there is a very strong argument that the support should not be modified.
As for the repayment (assuming this occurs--which is less than certain), the court will not require that you pay more than you can reasonably afford. Usually, the support is reduced from future payments.
Contact a lawyer to discuss your options, because your facts present some opportunities to prevent...
First, voluntary decreases in income do NOT reduce child support. If he quit this job or stepped down, there is a very strong argument that the support should not be modified.
As for the repayment (assuming this occurs--which is less than certain), the court will not require that you pay more than you can reasonably afford. Usually, the support is reduced from future payments.
Contact a lawyer to discuss your options, because your facts present some opportunities to prevent...
Q: If the other parent is late to pick up the child without contact or notifying you what can you do?
Stephen J. Plog's answer
You can leave and/or go about your business. More information is needed to assess your situation. If they are a couple of minutes late, no big deal. If they are 10 or 15 minutes or more you can leave and require them to come get the child wherever is convenient for you. A court is not going to require you to wait around forever. If it happens repeatedly you may want to seek some sort of relief from the court.
You can leave and/or go about your business. More information is needed to assess your situation. If they are a couple of minutes late, no big deal. If they are 10 or 15 minutes or more you can leave and require them to come get the child wherever is convenient for you. A court is not going to require you to wait around forever. If it happens repeatedly you may want to seek some sort of relief from the court.
Q: How do pattern and non pattern interrogatories have to be legally served for them to be legitimate?
Stephen J. Plog's answer
Interrogatories need to be sent out 63 days prior to hearing. If your ex sent them 63 days out or prior then they are valid. In terms of your address, if you can prove you sent him your proper address, whether through email or text or otherwise, then he should have mailed them to that address. However, keep in mind that if you move it is your duty to keep the court informed of your current address as well, which generally entails filing a form. If he sent to an old address knowing it...
Interrogatories need to be sent out 63 days prior to hearing. If your ex sent them 63 days out or prior then they are valid. In terms of your address, if you can prove you sent him your proper address, whether through email or text or otherwise, then he should have mailed them to that address. However, keep in mind that if you move it is your duty to keep the court informed of your current address as well, which generally entails filing a form. If he sent to an old address knowing it...
Q: Do I need to provide bank statements for a child support case?
Tristan Kenyon Schultz's answer
The 3 years of bank statements (and taxes) is a standard request in Colorado. Technically, you should provide this material unsolicited, but many do not provide a compete 3 years.
If the bank cannot provide complete records make a copy of the banks statement and submit this with the records that you do have. Normally, only recent transactions count in the most cases, but the 3 years requirement can catch "bad acts" of parties that try to hide money/assets in anticipation of litigation...
The 3 years of bank statements (and taxes) is a standard request in Colorado. Technically, you should provide this material unsolicited, but many do not provide a compete 3 years.
If the bank cannot provide complete records make a copy of the banks statement and submit this with the records that you do have. Normally, only recent transactions count in the most cases, but the 3 years requirement can catch "bad acts" of parties that try to hide money/assets in anticipation of litigation...
Q: Looking For Advice On A Non-Contact Accident I Was In. I Also Was Driving Under A Suspended Licence.
Peter Munsing's answer
It's worth your getting an attorney, because no matter how creative I or any defense counsel can be about the accident, you were in the seat when you had a suspension. This generally --even without crashes--suggests to the judge that he needs to use a 2x4 to get the point across. So you are looking at additional suspension, possible revocation and other not good things.
So find an attorney who handles violations in the court your ticket is headed to. Plead not guilty for now, but it...
It's worth your getting an attorney, because no matter how creative I or any defense counsel can be about the accident, you were in the seat when you had a suspension. This generally --even without crashes--suggests to the judge that he needs to use a 2x4 to get the point across. So you are looking at additional suspension, possible revocation and other not good things.
So find an attorney who handles violations in the court your ticket is headed to. Plead not guilty for now, but it...
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