Ask a Question

Get free answers to your Business Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Colorado Business Law Questions & Answers
1 Answer | Asked in Estate Planning, Business Formation and Business Law for Colorado on
Q: Setting up a LLC in Colorado.

What is the recommended way to set up a new LLC to protect myself from having my wages garnished at my employer and safeguard my personal assets if my business fails, especially if it has LLC has business loans?

Liscah Isaboke
Liscah Isaboke
answered on Jan 9, 2025

To set up an LLC in Colorado and protect your personal assets and wages from garnishment, ensure the LLC is properly formed by filing with the Secretary of State and maintaining separation between personal and business finances. Avoid personally guaranteeing business loans, as this could expose... View More

1 Answer | Asked in Business Law for Colorado on
Q: LLC dissolution

My partner is threatening to forcibly dissolve our LLC claiming I am not managing the short term rental correctly, which is not true.

D. Mathew Blackburn
D. Mathew Blackburn
answered on May 8, 2024

The first step would be to review the operating agreement and determine what if any provisions would apply. USe this information to attempt to settle the issue or proceed with a buy-out.

If you can't come to an agreed-upon resolution the next step would be filing a lawsuit to remove...
View More

1 Answer | Asked in Contracts, Business Law and Estate Planning for Colorado on
Q: I inherited McDonald's I know for a fact I'm on the last owners will that I get all the money and company. Can you help

I'm the owner of McDonald's and the will was never brought to any ones attention that I Mitchell Jensen or Mitchell Rio own and did inherit all of McDonald's. I picked up the bank account as soon as I started owning McDonald's

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

If you believe you have inherited ownership of McDonald's through a will, it is essential to first verify the authenticity and legal standing of the document. You should consult with an attorney experienced in estate law and corporate ownership structures to assess the will's validity and... View More

1 Answer | Asked in Tax Law and Business Law for Colorado on
Q: Can the IRS collect LLC penalty and interest only, from it's individual members?

I filed a tax return late but did not owe any LLC taxes (in 2014, but I just found out about the charges about a month ago).

The IRS hit the LLC with $2298.46 in penalties and interest, not for owing any taxes.

The LLC was dissolved about 9 years ago, I believe. My question is, can... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

When it comes to LLCs, the IRS typically views the entity as separate from its members, meaning the company itself is responsible for its taxes, penalties, and interest. However, the way an LLC is structured can influence how the IRS pursues outstanding liabilities. For an LLC treated as a... View More

3 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Colorado on
Q: My gym made a t shirt that hints at another gyms logo. The t shirt is satire. I’m looking for a lawyer to take a look

The t shirt is purple and says “welcome to the judgement zone” this is a twist on a popular gym franchise. We used the colors yellow and purple and the shirt features a thumbs down in the middle. We can send the design for review

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024

When considering the legal aspects of your gym's t-shirt design, it's important to understand the concepts of trademark infringement and parody. Trademark infringement occurs when a new design is confusingly similar to an existing trademark, potentially causing the public to mistakenly... View More

View More Answers

3 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Colorado on
Q: My gym made a t shirt that hints at another gyms logo. The t shirt is satire. I’m looking for a lawyer to take a look

The t shirt is purple and says “welcome to the judgement zone” this is a twist on a popular gym franchise. We used the colors yellow and purple and the shirt features a thumbs down in the middle. We can send the design for review

Kevin Michael Strait
Kevin Michael Strait
answered on Jan 17, 2024

Though I can't comment on your specific legal situation in this forum, I can offer some guidance on the fair use doctrines in US trademark law. In a combination of codified federal law and certain supreme court rulings, the development of a phrase or logo that parodies an existing, registered... View More

View More Answers

1 Answer | Asked in Business Law for Colorado on
Q: Can Virtual Addresses/PMBs be used for Principal Office Address in Colorado for LLC?

I am planning to incorporate an LLC in Colorado and have been looking at Virtual Business Addresses. Most of them are all Private Mail Boxes (PMB), and I'd like to know if that is eligible for a Principal Office Address. I know PO Boxes are not allowed.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

In Colorado, the rules for setting up an LLC require a principal office address, but this address must be a physical location. While a virtual business address offers many conveniences, it's essential to understand that these are typically considered Private Mail Boxes (PMBs) and may not... View More

1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for Colorado on
Q: For the state of colorado - I am going to need to open an S Corp. Is it better to start it as LLC or C Corp for few day?

I plan to elect S Corp status within a few days after getting EIN and all. I am curious on how it makes a difference if I start LLC or C Corp given S Corp form will be submitted in a matter of days following.

Kevin Michael Strait
Kevin Michael Strait
answered on Dec 29, 2023

Many people form an S-Corp to take advantage of the personal income tax breaks when paying yourself as both an owner and an employee of the business. The S-Corp election is more accurately called the "subchapter S tax election" and, as you point out, can be used in combination with an LLC... View More

1 Answer | Asked in Contracts, Civil Litigation and Business Law for Colorado on
Q: What type of lawyer do I need if accused of stealing while helping sell MLM products without a contract?

I helped someone sell perfumes through a multi-level marketing (MLM) scheme without an official contract, and I wasn't paid for my efforts. The person now accuses me of stealing because I stopped helping them and passed on the contact numbers of people who owed them money, but those people are... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

Given the situation, you would need to consult with a criminal defense attorney. They can help you navigate the accusations of theft, as these are serious charges that could potentially lead to criminal penalties. Since the accusations are based on verbal claims with no formal contract, the... View More

1 Answer | Asked in Business Law, Contracts and Gov & Administrative Law for Colorado on
Q: Colorado HCBS payment legality for host home provider receiving less than 50%

I am currently a host home provider in Colorado and have just received a new contract. I was offered $60 per day, but I am concerned because the PASA receives $147 per day from HCBS payments. This means I would be receiving less than 50% of the HCBS payment. I want to ensure that this payment... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

It’s understandable to be concerned about the payment structure you’ve been offered as a host home provider, especially when you see a significant difference between what you receive and what the PASA is paid from the HCBS funds. In Colorado, there isn’t a strict legal minimum that guarantees... View More

1 Answer | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Colorado on
Q: Is "Nothing Nice" trademarked for clothing, and how to register it?

I want to use the phrase "Nothing Nice" for a new clothing brand I plan to launch. I haven't checked the USPTO database yet. Is the phrase "Nothing Nice" already trademarked in the clothing industry, and what should I do to register it if it's not?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2025

Hi,

Based on my search, I did not find a registered trademark for the exact phrase "Nothing Nice" as a standalone clothing brand in the USPTO database. There is a related mark "AIN'T NOTHING NICE" registered for beer products, but not for clothing under registration...
View More

1 Answer | Asked in Business Law, Collections and Contracts for Colorado on
Q: Can a debt collector seize personal assets for an LLC debt in Colorado?

I am involved with an LLC in Colorado that incurred a debt related to machines purchased for a job we were terminated from without full payment. We initially offered to pay $1,500 monthly, but the debtor proposed $500 weekly for six months, after which we would provide tax and bank statements to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2025

In Colorado, an LLC is generally considered a separate legal entity from its owners, which means the personal assets of the LLC members (owners) are typically protected from business debts. However, there are exceptions, particularly if there is a personal guarantee or if the LLC’s corporate... View More

1 Answer | Asked in Probate, Real Estate Law, Business Law and Insurance Defense for Colorado on
Q: How to access reimbursement deposit in account shared with deceased mother?

I am the only child of my mother, who passed away two years ago without a will or named executor. Based on advice at the time, I did not initiate any legal proceedings for her estate. I have been independently handling her affairs, including funeral costs, debts, and taxes. My mother shared an... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

To access the reimbursement deposit, you will need to establish your legal authority to manage your mother's assets. Since she passed away without a will, the next step is to initiate a probate process. This involves filing for "letters of administration" with the probate court,... View More

1 Answer | Asked in Business Law and Tax Law for Colorado on
Q: Concern about reported pro rata wage not received for LLC ownership in Utah; posting to Colorado.

I own 5% of an LLC based in Utah, and recently, the accountant sent me tax documents indicating a pro rata wage of $4,500 for company tax deductions. However, I never received this amount. I made an investment into the company, and when I inquired about the wage, the company stated that it was part... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

Yes, you should be concerned, especially if the LLC has reported income or wages under your name that you did not actually receive. If the $4,500 was reported on a K-1 form as part of your share of the LLC’s income, you may still be responsible for paying taxes on that amount, even though no... View More

1 Answer | Asked in Business Law, Tax Law, Business Formation and Real Estate Law for Colorado on
Q: Options to transfer townhome from C corporation to personal ownership with minimal tax implications.

I am the sole shareholder of a C corporation that owns a townhome in Colorado Springs, purchased in 2016 for $177,000 and now valued at approximately $330,000. Initially a rental property until 2020, I have been living there since then, paying rent to the corporation. Given the limitations with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

Transferring the townhome from your C corporation to personal ownership involves a few important steps and tax considerations. Since the townhome has appreciated in value, any transfer may trigger capital gains taxes on the increase in value. One option is to sell the property from the corporation... View More

1 Answer | Asked in Business Law, Civil Litigation and Internet Law for Colorado on
Q: Can a lawyer help get my personal and business Facebook pages back that were wrongfully flagged by Meta’s AI system?

I need help recovering my Facebook pages, which are vital to my advocacy, business, and personal connections. These pages aren’t just social media—they’re platforms I’ve built to support vulnerable children, grow my small business, and engage with my community. Losing access has disrupted... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2025

Yes, a lawyer can help you recover your Facebook pages by navigating the legal and procedural steps needed to escalate your case. Since you’ve already tried standard recovery options without success, legal assistance could push Meta to review your situation more thoroughly. A lawyer can draft a... View More

1 Answer | Asked in Employment Law, Tax Law and Business Law for Colorado on
Q: I am a 1099 independent contractor working with a school district as a speech-language pathologist.

Recently, there has been communication from district leadership indicating expectations regarding where and when I work, which aligns more closely with the control typically exercised over employees rather than independent contractors. I operate as a business owner, providing my own materials,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2025

Your concerns about maintaining clear contractor status are valid, particularly given the IRS's specific guidelines about behavioral control factors. The district's attempts to dictate when and where you work could indeed risk misclassifying your role.

Consider drafting a...
View More

1 Answer | Asked in Business Law, Copyright and Trademark for Colorado on
Q: I want to start a business and want to put “Barbie” in the LLC name. Specifically Bartender Barbie.

I want to start a business and want to put “Barbie” in the LLC name. Specifically Bartender Barbie, a business where I go bartend events, parties, etc. I myself am blonde and have pink bar tools which is how the nickname was born. I want to make sure there would be no infringement since I am... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024

Using the name "Barbie" in your LLC, especially in a way that might reference the iconic doll brand owned by Mattel, can raise serious legal issues. Mattel holds strong trademark rights over the "Barbie" name and has been known to enforce these rights vigorously, even in... View More

1 Answer | Asked in Contracts, Business Law and Civil Rights for Colorado on
Q: Just bought a used moped from a dealership and ut stopped working after 1 day of use, can I get a refund?

Just bought the moped used and I paid through venmo, it is not a registered moped and it worked when I bought it, shortly after it broke down within two hours of riding. The dealer said it was an easy fix and said he could fix it for free because it was just an engine cap issue. I tried contacting... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

It sounds like you’re in a difficult situation with this moped. Since the dealer blocked your number and the moped broke down almost immediately after purchase, you might have grounds to request a refund or take further action, but it could be tricky.

First, check if the dealership...
View More

1 Answer | Asked in Tax Law and Business Law for Colorado on
Q: Can I employ people for my startup and give them partial ownership of the company in lieu of cash (for now at least)?

I live in Colorado, one of these people is only 17 (my brother, trained in CAD), and as of now the business is literally just me making prototypes in my room, I havent filed anything with the state in terms of LLC or whatever (yet)

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

Yes, you can employ people for your startup and offer them partial ownership of the company instead of cash, but there are some important considerations. First, you should formalize your business structure, such as creating an LLC or a corporation. This protects you and your employees and clarifies... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.