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Colorado Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Divorce for Colorado on
Q: can I subpoena my ex wifes boyfriends tax records?

My ex wife claims she pay her bf 1300 month rent.

I want to see if he is claming it on his income tax as part of reviewing child support and maintenance

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

You can try. He could object. Then it's up to the judge to decide whether that is proper. Usually, you would have to have a very good reason to do this. He is not really involved and he has a right to privacy in his tax returns.

1 Answer | Asked in Civil Litigation for Colorado on
Q: If I loaned $6000. for a down payment on our house in 2013, is it too late to collect? We lived together for several yea

If I loaned $6000. for a down payment on our house in 2013, is it too late to collect? We lived together for several years and recently been going through child custody proceedings. We were never married. He refuses to pay what is owed. Please help

Thank you

Donald C Eby
Donald C Eby answered on Jan 17, 2020

Assuming you can prove that the $6,000 was a loan and the terms of the loan have been breached, you can obtain a judgement.

1 Answer | Asked in Civil Litigation and Real Estate Law for Colorado on
Q: Can Capital One take my land to pay off a defaulted auto loan if I cannot pay on it anymore?

Land is not collateral

Donald C Eby
Donald C Eby answered on Nov 10, 2019

No - It is not likely that you pledged real estate as collateral to obtain a credit card. However, if you have debt issues, I recommend that you contact a Bankruptcy attorney, you may be surprised how much BK can do for you.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Colorado on
Q: can breeder require me to purchase a specific brand of food for a 2-4 year period?

the breeder is apart of a multi level marketing company that represent the food that is being required with the purchase of the dog

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 8, 2019

Probably not, most breeder contracts are not enforceable. The problem is that you may have to spend 4 or 5 months in litigation to find out.

I would suggest not dealing with a breeder that wants you to sign a contract they pulled off some fly by night website or who is running an MLM. If...
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1 Answer | Asked in Contracts, Business Law, Civil Litigation and White Collar Crime for Colorado on
Q: What can happen to a notary that notarizes completely blank POA's? He tells people to fill them out later.

This guy works for the county jail. He passes them out to inmates. What can happen to him? I know this is wrong. They are complete blank, nothing filled out. He just notarizes them like this.

William Jaksa
William Jaksa answered on Oct 14, 2019

In my jurisdiction he would lose his ability to be a notary; if he's a licenced paralegal or lawyer there would be sanctions from the law society; depending on the context and extent there could be criminal charges for breach of duty or fraud.

1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: Can you sue an undocumented immigrant in small claims court?
Nelson Patrick Boyle
Nelson Patrick Boyle answered on Oct 4, 2019

Ostensibly, yes. Just like any case, the constitution and the court rules require that you have to serve the person with the lawsuit. If you succeed, then you can proceed. Many small claims courts have "law clinics" for people representing themselves. There's some forms and resources available on... Read more »

1 Answer | Asked in Civil Litigation and Domestic Violence for Colorado on
Q: Boyfriend wants to kick me out. I am not on lease, hid me & my 2 sons in order to get approved on HOA townhome. Rights?

Applied for place as single man because I have eviction under my name and he didn't want us to get denied. He signed declaration of residency in order for my sons to attend 2 seperate schools. He now wants us out. Do I have any rights, seeing I'll just be homeless with 2 children...

James Newell
James Newell answered on Aug 21, 2019

You may have rights as a subtenant. It can get complex so It's best to speak to an attorney about this.

1 Answer | Asked in Civil Litigation and Insurance Bad Faith for Colorado on
Q: Can a structural engineer force their claims based policy to cover a claim retro, if they have stopped doing business?

Structural engineer who no longer is in business had a claims based policy which supposedly ends when they stop paying the policy premiums. Other contractors the insurance company will cover if they had insurance at the time of work. Is an insurer required to defend a suit after the policy... Read more »

Donald C Eby
Donald C Eby answered on Jul 22, 2019

The answer to your question will depend upon the language contained in your policy. It could be either.

1 Answer | Asked in Employment Law and Civil Litigation for Colorado on
Q: Won a labor case and then won the appeal Recieved the final order and decision Now served with a civil summons

Does the Certified Final order and decision Trump the civil summons for this case.?

Donald C Eby
Donald C Eby answered on Jul 9, 2019

It is really impossible to answer your question based on the scant facts. You have been served with a lawsuit, even if the lawsuit is a loser (for the Plaintiff) you must answer and assert your defense. I recommend that you contact an attorney to review the facts of the first case and the... Read more »

1 Answer | Asked in Civil Litigation, Federal Crimes and Identity Theft for Colorado on
Q: A friend of mine is on the verge of having to serve a 5 year federal BOP sentence. She needs an injunction against those

She requires a civil injunction against those who seek to deprive her of her property while she is away. She is a New Mexico resident. She owns Harleys... Trucks... A home...etc... Her plea bargain is on the docket for July 11th, 2019. And she has already found that her motorcycles have had their... Read more »

Gary Kollin
Gary Kollin answered on Jul 5, 2019

If she owns that much property, she can afford to retain counsel.

1 Answer | Asked in Small Claims, Civil Litigation, Landlord - Tenant and Libel & Slander for Colorado on
Q: What action to take when forcibly kicked out with no notice?

My landlord on a month to month single room rental that had no lease kicked me out of the house mid month with rent completely paid up to the end of month. He gave no notice at all and forced me to leave immediately without getting all of my belongings, he also forced me to give back my house key... Read more »

Donald C Eby
Donald C Eby answered on Jun 16, 2019

You may want to bring a claim for damages in Small Claims Court.

1 Answer | Asked in Civil Litigation and Health Care Law for Colorado on
Q: How does a garnishment for a hospital stay work? And how can I stop it or condense it?

A court was held but I didn't know and just received all the paperwork after being garnished this last paycheck.

Donald C Eby
Donald C Eby answered on Jun 10, 2019

Have your considered filing Bankruptcy? This is usually the most effective method and you may gain additional debt relief in the process.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Contracts for Colorado on
Q: Looking for a Civil Attorney. Left leg amputated. Not get a fair trial exculpatory evidence held from the jury.
Tim Akpinar
Tim Akpinar answered on Jun 9, 2019

It looks like you are seeking an attorney for what appears to be an appeal matter. Do not wait to be contacted by attorney. That isn't the way this board works. It is for posting legal questions. You can seek out attorneys, but you can't sit and wait to be contacted by one based on a post.... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Colorado on
Q: I asked someone to appraise a bracelet now they do not want to return it after finding cost
Donald C Eby
Donald C Eby answered on Jun 6, 2019

Have you called the police?

1 Answer | Asked in Civil Litigation for Colorado on
Q: Questions about recourse for paying for a Financial Aid Refund I never received.

I recently found out that I have been repaying $13,942 worth of financial aid refunds that I never requested nor received. This was for the 2010/2011 school year. Since I was repaying other student loans, and was on an income based repayment plan, I did not realize that these were included. I... Read more »

Donald C Eby
Donald C Eby answered on May 27, 2019

You should consider contacting an attorney to draft a demand letter for you. If that fails a lawsuit will force them to produce proof of the debt if they are unable you will not be required to pay the debt.

2 Answers | Asked in Civil Litigation and Contracts for Colorado on
Q: Do new owners take over existing contracts from old businesses?

We signed a contract for some kitchen remodeling and put around 2000 down. Franchise got sold and new owners are saying they don’t have to honor the contract. Can someone help me?

Donald C Eby
Donald C Eby answered on May 1, 2019

Maybe. Someone has an obligation per the contract, either the buyer or the seller depending upon the specifics of the transaction and your contract.

You should have an attorney review your contract and likely send a demand letter to other contractor.

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2 Answers | Asked in Civil Litigation and Contracts for Colorado on
Q: Are colorado and/or US citizens governed by foreign law
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2019

Yes, but only if the Colorado or US citizens are within the jurisdiction of the foreign nation, or have agreed to be governed by foreign laws.

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3 Answers | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Colorado on
Q: My ex gave me a dog as a Christmas present. We lived together with the dog for 3 years, He's claiming rights to her now.

After he gave her to me I paid all the vet bills, micro chipping, injuries, dog food etc... She was bought off Craig's list in cash by his mother. I have her in my possession now but I'm scared of what he's capable of doing now. We originally made a verbal agreement to share her but he changed his... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Apr 2, 2019

If he gave her to you, then she’s yours. The only way he can legally get her back and keep her is if he takes you to court and wins. If you have all other documents in your name then you will have a good chance at court if he takes you to court.

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1 Answer | Asked in Civil Litigation and Public Benefits for Colorado on
Q: Can you change your mind the next day and ask the courts if you could remöve your name off the contract?

Landlord would not downsize me to a one bedroom. My section 8 voucher was lowered from a two bedroom and I couldn't afford it and I fell behind in rent . furthermore, the contract states I must vacate after paying incorrectly charged costs 28 days they want $1500 and no money to move with and my... Read more »

Donald C Eby
Donald C Eby answered on Feb 6, 2019

You can file a motion for reconsideration or request the court to reject your stipulated settlement agreement.

2 Answers | Asked in Civil Litigation, Criminal Law, Gov & Administrative Law and Personal Injury for Colorado on
Q: Can a person be banned from a public space by an informal administrative order?

I have been "banned" from a public library for violating "policies" until I meet certain conditions.

This was decided by a hearing in absentia conducted by the library administration not a hearing officer.

I have been threatened with arrest for trespassing if I set foot in the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 23, 2019

Assuming the library owns its building they can decide who to admit. You can contact the Colorado Civil Liberties Union but I don't see that they couldn't, especially if you appeared to violate their rules for conduct or use of materials.

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