Colorado Civil Litigation Questions & Answers
Q: Can you change your mind the next day and ask the courts if you could remöve your name off the contract?
Donald C Eby's answer
You can file a motion for reconsideration or request the court to reject your stipulated settlement agreement.
You can file a motion for reconsideration or request the court to reject your stipulated settlement agreement.
Q: Can a person be banned from a public space by an informal administrative order?
2 Answers
| Asked
in
Civil Litigation, Criminal Law, Gov & Administrative Law and Personal Injury
for
Colorado
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Peter N. Munsing's answer
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.
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.
Q: How can A company enforce a mutual binding arbitration agreement, If I was terminated two days prior to signing the form
1 Answer
| Asked
in
Arbitration / Mediation Law and Civil Litigation
for
Colorado
on
Answered on Jan 17, 2019
Answered on Jan 17, 2019
Donald C Eby's answer
If you have not agreed to an arbitration agreement the company will not be able to compel arbitration.
If you have not agreed to an arbitration agreement the company will not be able to compel arbitration.
Q: I own a powder coating company. A customer is claiming that a project I powder coated failed in the field.
Donald C Eby's answer
Hopefully, your contract limits your liability. Seems unlikely that your $300 job created $4,000 in damages. If you get sued you should contact and attorney to defend you.
Hopefully, your contract limits your liability. Seems unlikely that your $300 job created $4,000 in damages. If you get sued you should contact and attorney to defend you.
Q: I was just wondering if I have a case. I feel like I was done wrong and unfair. Can I do anything?
Ashley Dean Powell's answer
There may be potential claims here that you could have pursued. As you may well know, most civil claims/disputes like this have a deadline by which the claim must be brought in court (a "statute of limitations"). Given that the business was started 12 years ago and the relationship appears to have failed (you walked away) about 8 years ago, you may have lost your opportunity to sue for these claims. Presumably, most of the wrongdoing occurred before and leading up to you leaving 8 years ago,...
There may be potential claims here that you could have pursued. As you may well know, most civil claims/disputes like this have a deadline by which the claim must be brought in court (a "statute of limitations"). Given that the business was started 12 years ago and the relationship appears to have failed (you walked away) about 8 years ago, you may have lost your opportunity to sue for these claims. Presumably, most of the wrongdoing occurred before and leading up to you leaving 8 years ago,...
Q: My contegency fee attorney is asking me to pay $20,000 to her. I signed a contengency fee contract.
Q: Our home was to have an asbestos abatement performed; and what we were assuming was a person whose company was certified
1 Answer
| Asked
in
Civil Litigation, Contracts, Construction Law and Environmental
for
Colorado
on
Answered on Sep 25, 2018
Answered on Sep 25, 2018
Donald C Eby's answer
You may have a legitimate Breach of Contract claim against your contractor and you have a damages claim against him. You should contact an attorney to schedule a consultation so that the facts can be closely reviewed and you can get a clear picture of your rights, options, and possible results.
You may have a legitimate Breach of Contract claim against your contractor and you have a damages claim against him. You should contact an attorney to schedule a consultation so that the facts can be closely reviewed and you can get a clear picture of your rights, options, and possible results.
Q: Can investors sue sharholders of a corporation
Donald C Eby's answer
Not sure what you mean here. An investor generally is a shareholder. If you get sued, I'll be happy to defend you.
Not sure what you mean here. An investor generally is a shareholder. If you get sued, I'll be happy to defend you.
Q: Looking for a lawyer in Arvada to help me in a case where I am being sued.
Donald C Eby's answer
I'll be happy to help you. Call 303-688-0944 and ask for a free consultation ASAP.
I'll be happy to help you. Call 303-688-0944 and ask for a free consultation ASAP.
Q: Selling broker&owner&did not disclose flooding in the basement. We have had 3 floods in the past 4 ms,she knew,pls help!
Donald C Eby's answer
This is called Fraud. You likely have a claim against the seller and may have a claim against her and even your broker. You should contact an attorney to help you bring this case. If you used a Broker and the Colo Real Estate Commission forms then in addition to your damages you may be able to recover attorney fees.
Good Luck!
This is called Fraud. You likely have a claim against the seller and may have a claim against her and even your broker. You should contact an attorney to help you bring this case. If you used a Broker and the Colo Real Estate Commission forms then in addition to your damages you may be able to recover attorney fees.
Good Luck!
Q: We have a family member living with us. She had agreed to pay rent and was receiving cash assistance. She hasn’t paid.
Donald C Eby's answer
If you have asked her to leave and she refuses then you'll need to evict her via the Courts. This process starts with proper notice.
If you have asked her to leave and she refuses then you'll need to evict her via the Courts. This process starts with proper notice.
Q: I'm a designer. I hired a contractor. He built kitchen cabinets and hired a finisher to finish them.
1 Answer
| Asked
in
Business Law, Small Claims and Civil Litigation
for
Colorado
on
Answered on Apr 28, 2018
Answered on Apr 28, 2018
D. Mathew Blackburn's answer
It would a county court case which has jurisdictional authority on cases between $7,500 and $15,000. You would have to determine venue (Which county to file in) under the court rules. Generally you would sue everyone that did not fulfill their obligations under the contract. In this situation it may be the finisher only or the finisher and the contractor.
You should look for an attorney, county court is complex.
It would a county court case which has jurisdictional authority on cases between $7,500 and $15,000. You would have to determine venue (Which county to file in) under the court rules. Generally you would sue everyone that did not fulfill their obligations under the contract. In this situation it may be the finisher only or the finisher and the contractor.
You should look for an attorney, county court is complex.
Q: What are ramifications of co-petitioner filing a motion to modify decision-making responsibility without his signature?
Stephen J. Plog's answer
The motion could potentially be dismissed. If you are the co-petitioner and the other side has not yet responded, or perhaps even if they have, you could file an amended motion with signature or a motion to amend the petition. Technically, a motion to modify decision-making should also come with an affidavit pursuant to CRS 14-10-132.
The motion could potentially be dismissed. If you are the co-petitioner and the other side has not yet responded, or perhaps even if they have, you could file an amended motion with signature or a motion to amend the petition. Technically, a motion to modify decision-making should also come with an affidavit pursuant to CRS 14-10-132.
Q: Can I file a complaint and ask the court to override the CSEU's 3 month Drivers license suspension?
Stephen J. Plog's answer
If they have validly suspended your license, your only real option is to get the arrears balance paid. You could potentially seek to modify the ongoing child support. If you are unable to work, which it seems you are, due to their actions, it's unfair for them to push for the continued child support amount. You will likely need an attorney to represent you when wading through these issues.
If they have validly suspended your license, your only real option is to get the arrears balance paid. You could potentially seek to modify the ongoing child support. If you are unable to work, which it seems you are, due to their actions, it's unfair for them to push for the continued child support amount. You will likely need an attorney to represent you when wading through these issues.
Q: My ex sent me threatening emails and voicemails, attempting to blackmail me by exposing private info. What can i do?
1 Answer
| Asked
in
Criminal Law, Divorce and Civil Litigation
for
Colorado
on
Answered on Mar 18, 2018
Answered on Mar 18, 2018
Stephen J. Plog's answer
You could call the police and see if they will either ask him to stop or potentially press harassment charges. You could also look into filing for a restraining order to get him to stop contacting you. More information is needed to assess the viability of a restraining order being made permanent and you might want to speak with an attorney. I'm not sure you can stop him from sharing information with your ex-husband but he shouldn't be able to threaten you.
You could call the police and see if they will either ask him to stop or potentially press harassment charges. You could also look into filing for a restraining order to get him to stop contacting you. More information is needed to assess the viability of a restraining order being made permanent and you might want to speak with an attorney. I'm not sure you can stop him from sharing information with your ex-husband but he shouldn't be able to threaten you.
Q: We are a 22 year old software company that recently received a judgment from a customer for a large amount.
D. Mathew Blackburn's answer
The developer, even though he wrote the software, would not be able to sell it without a license. This assumes the S-Corp owns the software either as a contributed asset or as work for hire. The judgement holder would likely seek a writ of garnishment to seize the rights to the software then sue the developer for infringement. If the developer want the software he would need to buy it from the S-corp at fair market value. If it's distributed to him or sold for less than FMV it would be...
The developer, even though he wrote the software, would not be able to sell it without a license. This assumes the S-Corp owns the software either as a contributed asset or as work for hire. The judgement holder would likely seek a writ of garnishment to seize the rights to the software then sue the developer for infringement. If the developer want the software he would need to buy it from the S-corp at fair market value. If it's distributed to him or sold for less than FMV it would be...
Q: How long do you have to comply with a judge's order in Colorado?
John Hyland Barrett III's answer
The order should be complied with as soon as is possible under the circumstances. The order may set a time period for compliance.
The order should be complied with as soon as is possible under the circumstances. The order may set a time period for compliance.
Q: I work for a small biz as an employee and was sued personally (small claims) for a mistake the biz made. What do I do?
1 Answer
| Asked
in
Business Law, Civil Litigation and Employment Law
for
Colorado
on
Answered on Dec 12, 2017
Answered on Dec 12, 2017
D. Mathew Blackburn's answer
Hire an attorney, A company policy is not the law and they can sue you and the company. You'll have to respond to the complaint and defend yourself at trial if necessary.
Hire an attorney, A company policy is not the law and they can sue you and the company. You'll have to respond to the complaint and defend yourself at trial if necessary.
Q: My daughter received school loans and needed a cosigner at the time she is now 33 I'm am now being sued for her loan
1 Answer
| Asked
in
Civil Litigation, Collections and Consumer Law
for
Colorado
on
Answered on Sep 8, 2017
Answered on Sep 8, 2017
Tristan Kenyon Schultz's answer
Short of your daughter refinancing the loan (and not having you as a cosigner or guaranteer to the loan) or repaying the loan, there is no way to remove your name.
Short of your daughter refinancing the loan (and not having you as a cosigner or guaranteer to the loan) or repaying the loan, there is no way to remove your name.
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
