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Colorado Civil Litigation Questions & Answers
1 Answer | Asked in Adoption, Animal / Dog Law, Civil Litigation and Civil Rights for Colorado on
Q: If I bought a dog from somebody and they weren't up to date on the shots and I wanted to return the dog and get a refund

And is it illegal to sell a dog without up-to-date shots to somebody

Kristina M. Bergsten
Kristina M. Bergsten answered on Jun 9, 2021

Depending on where the dog came from, it is very likely a PACFA violation. Age could also be a problem (a dog sold too young (i.e., less than 8 weeks old) to receive certain shots is a violation - although dogs do not have all their shots at 8 weeks due to boosters being necessary over a period of... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Colorado on
Q: My Ex husband have signed my signatures on Quit Claim Deed of our marital property with out my permission.

He prepared a fake quit claim deed and take my name off actually the property was on the name of 3 individual owner's. After signing deed he got notarized fraudulently. Notary has notarized deed with out my physical presence. Means there is also a froud comit by notary Public.

County... Read more »

Donald C Eby
Donald C Eby answered on May 4, 2021

You are on the right path, you likely have claim against both your X and the notary.

You can schedule a consultation online 24/7 by going to go.oncehub.com/rhbooknow or calling us at 303-688-0944. At your free case assessment we'll discuss the facts, your proof, options, rights, risks,...
Read more »

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Small Claims for Colorado on
Q: If a vendor/contractor damaged my property, can I claim against the person who hired the vendor?

I'm a commercial tenant in a mall struggling to open a small business in the midst of this pandemic. A neighboring shop owner in the mall hired or asked a vendor/contractor to remove some equipment from her shop and he took a piece of my equipment valued at $1,300. When he returned it, it was... Read more »

Donald C Eby
Donald C Eby answered on Apr 25, 2021

You should file that small claims action to force this to a conclusion more quickly.

1 Answer | Asked in Civil Litigation for Colorado on
Q: can you offer me a a defense for statue of limitations in my civil case complaint of unjust enrichment?

the defendant answered my complaint and argued that the i didnt have a claim due to statue of limitations. in my response, i want to argue that althought time has passed, i just found out

Donald C Eby
Donald C Eby answered on Apr 19, 2021

You may have a viable defense to the Statute of Limitations defense. In some types of claims the Statute of Limitations does not begin to run until the damaged party (you) has notice of the defect. This will get very technical very fast. I recommend you contact an attorney to discuss your claims... Read more »

1 Answer | Asked in Civil Litigation for Colorado on
Q: How much latitude does a judge have in denver district court, civil litigation of unjust enrichment?

defendants attorney filed response that included the defense of statue of limitations.

Donald C Eby
Donald C Eby answered on Apr 19, 2021

The issue here is does the Opposing Party have a legitimate defense and claim that the case is barred as a result of the Statute of Limitations. You will likely need to respond to this assertion. You are in Dist Court, if you are serious about your case you should consider having an attorney... Read more »

1 Answer | Asked in Civil Litigation, Elder Law, Estate Planning and Probate for Colorado on
Q: My sister is trying to remove my name from a death certificate so she can deal with finances without permission?
John Hyland Barrett III
John Hyland Barrett III answered on Apr 15, 2021

I'm not sure what difference the death certificate makes. In Colorado, the Personal Representative controls disposition of the decedent's assets. The Personal Representative is appointed by the probate court. It usually is whomever is named as PR by the will. If no will, then the PR is... Read more »

1 Answer | Asked in Traffic Tickets, Criminal Law, Civil Litigation and Civil Rights for Colorado on
Q: if I was never pulled over for speeding but was arrested charged for speeding & other charges is this Legal?

Parked at a gas station to pee and cop pulls next to me in my car and get out and goes in store before I get out. But he was looking at my car all suspiciously so I waited. He stands at the door inside the store then comes back out flashing his lights in my car and come and bangs on my window and... Read more »

Sean Maye
Sean Maye answered on Mar 12, 2021

This sounds like a terrible scenario that you experienced. So sorry you lived through that.

If you were parked and only stopped because of suspicion that you committed a traffic infraction - an infraction for which the officer's story is not credible if he waited a significant amount...
Read more »

1 Answer | Asked in Business Law, Civil Litigation and Family Law for Colorado on
Q: I’m in dispute with 50/50 business partner had lawyer send letter to mediate or file lawsuit - he’s also my husband

I know this gets complex on both sides of business and what it means for my marriage - anyways I need business dispute to be addressed first and foremost but in response he filed for divorce which I’m told stops the business part from continuing! I fear this is again a tactic for him to avoid the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 6, 2021

I am sorry to hear about your situation. The divorce court will address property division regarding the business. There is a mandatory injunction which stops business activities that were not conducted previously during the marriage in the normal course of business. If there is a separate contract... Read more »

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Colorado on
Q: Do I have a malpractice law suit or something else when it comes this situation. Below?

Kiddo is in therapy (divorce dealing with anxiety) and the therapist only communicated with mom. Did not update dad. Come to find out dad asked for an update on info and was polite and the therapist said in front of both mom and child that she was scared for her life and could no longer be the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 6, 2021

Therapists do not usually communicate information about therapy automatically to others. If a parent who was entitled to receive such information asked for it, and whether that parent was entitled to receive information would depend on the case history, a therapist will generally share that... Read more »

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Colorado on
Q: If a homeowner was getting a really great deal on upgrades to his home and he breached contract

Can the person that provided the service sue for market value of work completed in the home.

James A. Greer
James A. Greer answered on Feb 26, 2021

Question on remedy in light of an anticipatory breach of contract: So long as there was a valid and executed written contract, the remedy for the contractor is twofold:

(a) the value of the percentage of completed work as measured by the contract price (and not the so-called "market...
Read more »

1 Answer | Asked in Civil Litigation, Construction Law and Criminal Law for Colorado on
Q: Is there case law regarding 18-1-603

18-1-603 Complicity

Sean Maye
Sean Maye answered on Feb 11, 2021

The answer to your question, in short, is YES.

The legal data search engines reflect approximately 198 cases with headnotes interpreting and analyzing CRS 18-1-603. This makes sense given how convoluted arguments/defense on complicity can be. They have been been subject to a wide range of...
Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for Colorado on
Q: How do I get my parenting plan enforced, since local law enforcement won't help?

My grandmother has been refusing to let my children be taken from her custody under threat of dhs involvement, since June 2020. The judge in both cases acknowledged my custody order but doesn't know why its not being enforced. HELP

Sabra M. Janko
Sabra M. Janko answered on Jan 16, 2021

If you have a custody order, you can enforce it in court. You would file a motion to enforce.

2 Answers | Asked in Animal / Dog Law and Civil Litigation for Colorado on
Q: I legally purchased a dog from an animal shelter a year ago. The previous owner somehow got my personal information fro

from the animal shelter, name, phone, address, etc., and has called me wanting the dog back. I clearly said no. He claims his ex wife gave the dog away to the shelter and he didn’t find out until 4 months later. He has since sued me and the animal shelter for custody of the dog. The dog is... Read more »

Donald C Eby
Donald C Eby answered on Jan 2, 2021

You will definitely need to defend yourself in the Court action and prove ownership. WRT your safety I recommend considering a Protective Order. You should contact an attorney to discuss this matter in more detail so that the specific facts of our case can be reviewed and you can receive detailed... Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: My nieghbor filed a District civil summons on me to cut my tree down that's in my yard. What can I do about it?

She wants the tree cut because she is scared to sleep in her bedroom because she says my tree will fall on her bedroom. She has aggervated health issues from this tree, and she cant enjoy her yard because of this tree and she has increased anxiety and stress over this tree.

My tree is not... Read more »

Donald C Eby
Donald C Eby answered on Dec 22, 2020

Your neighbor is a nightmare and she is now suing you! You definitely need to engage an attorney to defend you and your property in the lawsuit and potentially assert counterclaims against her.

Contact an attorney who has litigation experience. Most will offer a free initial...
Read more »

2 Answers | Asked in Civil Litigation, Contracts, Criminal Law and Landlord - Tenant for Colorado on
Q: If you are renting from a landlord, and they have a "no guns" clause in their lease contract. What are some punishments?

I would love to know if their is a law against having a gun in an apartment complex that is private and has a no gun clause in the lease agreement. Are there any defense for having/using a gun (maybe not even firing it, but just drawing it to protect yourself/property/others in trouble). Would love... Read more »

Sean Maye
Sean Maye answered on Nov 25, 2020

I am not aware of any state laws that prohibit weapons in private residential complexes. That said, I find it highly unlikely given that the 2nd Amendment is a federal constitutional right - subject obvious regulation. There are defenses to having/using a gun but the defenses are very... Read more »

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1 Answer | Asked in Family Law and Civil Litigation for Colorado on
Q: My daughter left her boyfriend and they shared a house in their name and a son. Does she need a court order for perso

Possessions? They can't agree on anything and he changed the locks. He's out for himself and not for his son.

John Hyland Barrett III
John Hyland Barrett III answered on Oct 22, 2020

Since they are not married, she can do a custody case for issues regarding their son. She may need to do a partition action (lawsuit) to deal with the house. She can do a replevin (lawsuit) for her personal property. She should get a lawyer to help her with all this.

1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: A friend of mine was driving my car and hit a parked car and the accident cause my premium to increase

What are my options as far as getting reimbursed and what about my increase rate in the future

Tim Akpinar
Tim Akpinar answered on Oct 17, 2020

A Colorado attorney could advise best, but your post remains open for two weeks. As a general matter in most places, if you have comprehensive coverage, that could cover damage to your car. But even with that, there is usually a deductible that has to be paid out of pocket first. Being that your... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Personal Injury for Colorado on
Q: My elderly mostly father in-law insists on keeping a hand-gun on him at all times in spite of 2 Drs. say he should not

Am I liable if he shoots someone by accident? He is "mostly" blind. We have tried to take them away, but it is on his person. We took several away and had the long conversation about why it is a bad idea, but he insists he must have it for safety. My wife and I manage his care and will... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 12, 2020

A Colorado elder law attorney could probably answer your question better than a personal injury attorney. You could reach out to one and discuss your role in the person's life. In addition to your liability which you ask about, you could discuss other serious issues here. If he is "mostly... Read more »

1 Answer | Asked in Civil Litigation and Foreclosure for Colorado on
Q: My COA/HOA roof assessment of $5,163 was paid-in-full. They have violated the contract

Diversified Management and the COA (Colorado Speings), in abuse of power and selective enforcement held my final payment of $2,563 in cashiers check for nearly a year, returned it for "reissue", then immediately turned my paid in full account over to Orten Cavanagh collection. This firm... Read more »

Donald C Eby
Donald C Eby answered on Sep 3, 2020

You'll need to provide proof of the payment to the court, you can ask for attorney fees when you win. I recommend that you contact an attorney that represents homeowners against HOAs to discuss your rights, remedies, and risks in this matter.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Colorado on
Q: How do i remove a felony charge that i shouldn't have been charged with according to the definition of the law used?

in 2002 i was charged in colorado for possession/knowledge of possession of explosives/incendiary device, but the definition section of that law discredits the materials my roommate had (materials used to reload ammunition, and or black powder muskets) my public defenders failed me and mislead me... Read more »

Donald C Eby
Donald C Eby answered on Jul 25, 2020

You may qualify to have your Criminal Record Sealed. See the below link for more info:

https://www.robinsonandhenry.com/colorado/criminal-defense/sealing-criminal-records/

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