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Colorado Civil Litigation Questions & Answers
3 Answers | Asked in Bankruptcy, Criminal Law, Products Liability and Civil Litigation for Colorado on
Q: 85 member that is looking for pricing for a civil service. We are the old customer's of holy ground real estate

The builder matt sowash has filed chapter 7 , we as a group are wondering the process to sue for the money for the home..

John Cimino
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John Cimino
answered on Oct 8, 2024

First, it is unfortunate that people like this debtor rip consumers off. I had a sinilar case where the homebuilder stole my client's money and went to prison. Regarding Holy Ground, I doubt that your contract with Mr. Sowash included his personal guarantee. We need to check. Second, if he... View More

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2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Colorado on
Q: Can I ask the attorney what questions they will ask me at a deposition prior to the meeting?

I have a deposition approaching can I ask which questions will be asked ahead of time?

Michael Joseph Larranaga
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answered on Jun 19, 2024

It depends. If it is a true oral disposition then anything is fair game. Your attorney may object but you are still required to answer the question. Objections are typically resolved after the fact.

That being said, there are very limited instances where your attorney may stop the...
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1 Answer | Asked in Civil Litigation, Family Law and International Law for Colorado on
Q: Urgent Legal Advice Needed: Age of Consent and International Dating Regulations

I hope you can assist me with an important legal question that is causing me some concern. As an American citizen currently living abroad, I have started a relationship with a 17-year-old individual from Brazil. Given that the age of consent in Brazil is 14 and in my home state in the U.S. it is... View More

James L. Arrasmith
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answered on Jun 6, 2024

While age of consent laws vary between jurisdictions, engaging in a relationship with someone under 18, especially with a significant age gap, is generally not advisable regardless of location.

I would strongly caution against pursuing a relationship or marriage with a 17-year-old, either...
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1 Answer | Asked in Civil Litigation for Colorado on
Q: Court Process Server question.

I received a call from a court process server stating he was at my apartment to serve me legal documents. I was unfortunately not home, and called him back as soon as I got the voicemail. We spoke and he stated he would put me on his schedule for the following day at 1PM. I waited and he never... View More

John Michael Frick
John Michael Frick
answered on May 28, 2024

You should wait to be contacted again. Many things could have happened to prevent the process server from coming at the pre-arranged time. That being said, it wouldn't hurt to check with the court to see if something has been filed stating either that you were served (even though you know... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for Colorado on
Q: Is due process violated in a CPO that was ex parte and served with less than 3days for out of st hearing

Able service of the temporary restraining only having 3days to find a attorney travel over 1000 miles tried no number to call courts on any paperwork or instructions on how to do anything tried to call multiple times after searching for a day trying to find the number no voice mail to leave... View More

James L. Arrasmith
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answered on May 24, 2024

In your situation, it sounds like you may have grounds to argue that your due process rights were violated. Due process requires that you are given adequate notice and a fair opportunity to be heard before any legal action is taken against you. Being served with an ex parte CPO (Civil Protection... View More

1 Answer | Asked in Civil Litigation and Contracts for Colorado on
Q: Are terms from an unsigned contract enforceable?

Customer placed an order for custom goods per a proposal delivered via email. Customer submitted deposit through electronic invoice. Customer cancelled the order a month later. I was able to stop production and instead of keeping all deposit monies, I promised a partial refund. I have not yet paid... View More

John Michael Frick
John Michael Frick
answered on May 8, 2024

Under the Uniform Commercial Code, if a customer contracts with a merchant to make a special order and the goods cannot be completed a resold in a commercially reasonable manner, you should be entitled to your profit (including reasonable overhead) together with incidental damages, due allowance... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: What do i do if I worked on a vehicle and didn't have a predetermined price for labor? It was see what it needs as we go

Was driving and working for a man that had me in an unsafe truck. I told him I was not comfortable driving the truck as was and he asked if I could fix it. He ordered the parts as I worked on the truck because we did not know what exactly was needed at time of start. He now wants to take the truck... View More

James L. Arrasmith
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answered on Apr 13, 2024

In a situation where you performed work on a vehicle without a predetermined price for labor, and the owner is now refusing to pay, here are some steps you can consider:

1. Document everything: Make sure you have a detailed record of the work performed, parts purchased, hours spent, and any...
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3 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: If I had a verbal agreement with a person that allowed them to stay in my home for two weeks, which is now going on a

month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Apr 2, 2024

Under those facts, assuming you own or rent the place and they are not part owners, co-tenants, and have no other legal claim to the home (and with no more information), then, yes. Of course, the devil's in the details. So if other facts are relevant, the answer could change. Also, if... View More

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3 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: If I had a verbal agreement with a person that allowed them to stay in my home for two weeks, which is now going on a

month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.

James L. Arrasmith
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answered on Apr 3, 2024

In most jurisdictions, a verbal agreement allowing someone to stay in your home for a specific period does not automatically grant them tenant rights. However, the laws governing such situations can vary by location and may depend on the specific circumstances.

Generally, if the person has...
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3 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: If I had a verbal agreement with a person that allowed them to stay in my home for two weeks, which is now going on a

month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.

Michael Joseph Larranaga
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answered on Apr 19, 2024

I think the question would revolve around if you accepted any type of payment for allowing them to stay. If you did, then they may be considered a Tenant. If you just allowed them to stay as a guest, then maybe not.

As Mr. Boyle said, the devil is in the details.

Please be aware...
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1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: 10 day demand. No statutory statement. No date,time, summons on the 24th for court 27th paperwork submitted to court inv

Valid. Had trial wanted to present my evidence which clearly shows they didn't properly serve me I was told if we go to trial and the magistrate sees I owe money it's going to be an eviction regardless. Can I reverse the agreement to leave in 20 days?

James L. Arrasmith
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answered on Mar 24, 2024

If you believe the eviction process was mishandled, particularly regarding service of notice and your chance to present evidence, you might have grounds to challenge the agreement or the eviction itself. It's essential to review local tenant laws and eviction procedures as they can vary... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: Someone Lent me some money and I bought a used vehicle. He took the car even though I've made on time payments.

I have the title and bill of sale and text messages saying thank you for the payments, as well as labeled cash app payments. He keeps demanding I give him the title or he calls the police . He put the car in storage so now I can't even try to legalize anything. Is he allowed to do this?! What... View More

James L. Arrasmith
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answered on Jan 11, 2024

In your situation, it's important to understand that possession of the vehicle's title and bill of sale typically indicates legal ownership. Since you have made timely payments and possess these documents, you generally have the right to retain the vehicle. The messages acknowledging your... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: If I write “I can pay _ back in installments” for money I didn’t personally take is that a legal contract in Colorado?

My ex dropped plans to attend a wedding in another state and broke up with me. She paid our friend in advance for her share of an Airbnb. She backed out days before check-in, making it impossible for anyone else to feasibly take her place. When she asked about possible reimbursement I wrote in a... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Jan 10, 2024

The answer would depend on the exact language of all communications and contracts involved. So only a general answer WITHOUT specific advice is possible here. Depending on how much is at stake, you might want to hire a lawyer. But lawyers are expensive. Often, it can be best to offer a small amount... View More

1 Answer | Asked in Civil Litigation and Consumer Law for Colorado on
Q: My friend pawned his truck in Co and they gave him counterfeit money theyre refusing to deal w it. he called cops

The cops are investigating what else can he do? The pawn contract is binding legal agreement.

James L. Arrasmith
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answered on Jan 9, 2024

If your friend received counterfeit money from a pawn shop in Colorado, he has already taken a crucial step by involving the police. Their investigation is important for addressing potential criminal activity. In addition to this, there are a few more steps he can take.

He should consider...
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1 Answer | Asked in Civil Litigation for Colorado on
Q: There is a danger of a vehicle being submerged underground. This vehicle is a nuisance and how do I remove it legally fr

It's on abandoned condemned property

James L. Arrasmith
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answered on Jan 7, 2024

To legally remove a vehicle from abandoned or condemned property, there are several steps you should follow. First, it's important to determine who owns the property and the vehicle. If you are the property owner, you have more control over the removal process. If not, you may need to contact... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation, Civil Rights and Criminal Law for Colorado on
Q: Animal law or civil,? Colorado, please help me get Justice for my boy who was killed by HSPPR! Need info, please?

CO law says animals are personal property. Seized with warrant, then killed (for supposed seizures) day before hearing for release, no probable cause. 10 yr old licensed pet goat- my only family- destroyed. Motion for release of his remains, denied. Facing animal cruelty for his arthritis not being... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Colorado, as in many states, animals are indeed considered personal property under the law. The situation you describe, involving the seizure and euthanization of your pet goat, raises several legal issues.

Firstly, if your animal was seized and then euthanized without proper...
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1 Answer | Asked in DUI / DWI, Civil Litigation and Civil Rights for Colorado on
Q: I was not driving, I told them that I had been sitting in my car waiting for my ride drinking 4 the past hour

Jefferson county, they took my blood alcohol level only after I had been sitting in my car drinking & not when I was actually driving

Richard B. Huttner
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Richard B. Huttner
answered on Dec 5, 2023

You have a good case to fight as you likely did not have the intent to put the car into motion. Juries will be instructed to decide whether you are driving by looking at many factors including where the vehicle was found, where in the vehicle the person was found, whether the keys were in the... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Criminal Law for Colorado on
Q: Should I file a civil complaint seeking a federal prosecutor rep. If the trial court violated State Constitution laws

The trial court may have violated the State constitution law. C.R.C.P. 3.8 (b) by conditioning a plea while postponing evidence. The courts holding failed to present constitutionally required evidentiary findings. The record of proceedings is under Appellate review.

James L. Arrasmith
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answered on Nov 28, 2023

If you believe that the trial court has violated state constitutional law, particularly in relation to C.R.C.P. 3.8(b), it's important to consider the legal remedies available. Filing a civil complaint seeking a federal prosecutor representative is an option, but it's typically used in... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Colorado on
Q: My engine was stolen by my mechanic. Car no longer runs replacement engine ran for 50 miles blew head gasket now what?

I have proof that it's different engine my engine was video taped by car dealership 2 days prior when getting oil change. It's an engine that is not compatible with my car. My mechanic denies it but the evidence is overwhelming I contacted the police 2 days ago and they decided it was a... View More

James L. Arrasmith
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answered on Nov 25, 2023

In your situation, where you believe your mechanic stole your engine and replaced it with an incompatible one, it's understandable to be frustrated, especially since the police have deemed it a civil matter. The distinction between civil and criminal matters can sometimes be nuanced. In this... View More

2 Answers | Asked in Civil Litigation, Health Care Law and Personal Injury for Colorado on
Q: Can people be held liable if they recklessly endanger and cause physical health problems by causing radioactive dirt...

...and dust to be thrown up into the wind that knowingly fast flows into the neighbors yard and body and house every day purposefully as witnessed by many neighbors?

James L. Arrasmith
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answered on Nov 12, 2023

Yes, people can potentially be held liable for recklessly endangering others and causing health problems through exposure to radioactive materials on their property. Some key points:

- Knowingly allowing radioactive dirt and dust to blow onto a neighbor's property could constitute...
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