Colorado Civil Litigation Questions & Answers
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: 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!
1 Answer
| Asked
in
Real Estate Law, Civil Litigation and Land Use & Zoning
for
Colorado
on
Answered on Aug 3, 2018
Answered on Aug 3, 2018
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: 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: 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.
Q: can I file for a certificate of review myself or do I need an attorney to file it , in small claims?
Tristan Kenyon Schultz's answer
While a lawyer can be very helpful (esp. with understanding the law), a lawyer is not required for any litigation in which you represent yourself (aka pro se).
While a lawyer can be very helpful (esp. with understanding the law), a lawyer is not required for any litigation in which you represent yourself (aka pro se).
Q: What are the laws regarding serving people with documents in Colorado? See "More Information".
Tristan Kenyon Schultz's answer
This is not normal. A process server will not come by for 8 months. A debt collector might, but the duration and lack of a follow-up in the mail (via a demand letter) makes me think that this is not a debt collector either.
You may want to consider installing cameras to record this person. If you have more information about the person you can pursue police action and/or restraining orders.
This is not normal. A process server will not come by for 8 months. A debt collector might, but the duration and lack of a follow-up in the mail (via a demand letter) makes me think that this is not a debt collector either.
You may want to consider installing cameras to record this person. If you have more information about the person you can pursue police action and/or restraining orders.
Q: I am looking for advise on obtaining a court order for a civil standby to retrieve my Forest River Cedar Creek 5th Wheel
1 Answer
| Asked
in
Criminal Law, Contracts and Civil Litigation
for
Colorado
on
Answered on Jul 31, 2017
Answered on Jul 31, 2017
Kristina M. Bergsten's answer
You will need to file a breach of contract actions. I would recommend speaking to an attorney about this. You will not be able to report it stolen because you and this other person had a contract, thereby making it a civil rather than a criminal matter.
You will need to file a breach of contract actions. I would recommend speaking to an attorney about this. You will not be able to report it stolen because you and this other person had a contract, thereby making it a civil rather than a criminal matter.
Q: Is there any compensation for living in a rental property where they knowingly had 4+ code violations and did nothing?
1 Answer
| Asked
in
Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant
for
Colorado
on
Answered on Jul 28, 2017
Answered on Jul 28, 2017
Tristan Kenyon Schultz's answer
Based on the information provided, this likely will not be resolved until litigation occurs. If you are owed money, you will need to sue in small claims; if the landlord is owed money the landlord will need to sue you in small claims court. You can also try negotiating out of court.
You may want to consider hiring a lawyer to assist.
Based on the information provided, this likely will not be resolved until litigation occurs. If you are owed money, you will need to sue in small claims; if the landlord is owed money the landlord will need to sue you in small claims court. You can also try negotiating out of court.
You may want to consider hiring a lawyer to assist.
Q: Can I get around the publication part of the name change if I had a ex-boyfriend who was molesting?
1 Answer
| Asked
in
Civil Litigation, Domestic Violence and Family Law
for
Colorado
on
Answered on Jul 23, 2017
Answered on Jul 23, 2017
Tristan Kenyon Schultz's answer
Ultimately the judge decides whether or not the publication requirement is required. If you have health/safety concerns, there is a realistic possibility that a judge may waive the publication requirement, but there are no guarantees. If the evidence of molestation is documented and proven (say a conviction) versus allegations (even if they are 100% true), the chances of a waiver increase. Unfortunately, you will not know until you file and have a hearing...
Ultimately the judge decides whether or not the publication requirement is required. If you have health/safety concerns, there is a realistic possibility that a judge may waive the publication requirement, but there are no guarantees. If the evidence of molestation is documented and proven (say a conviction) versus allegations (even if they are 100% true), the chances of a waiver increase. Unfortunately, you will not know until you file and have a hearing...
Q: I have a contract question. I was in an accident paid the other guy out and he signed release off all liability.
1 Answer
| Asked
in
Car Accidents, Civil Litigation and Contracts
for
Colorado
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Peter Munsing's answer
If he signed a release I don't see that his company can win a case. They can bring one --but not win one.
You should notify your company if you had insurance--they will pay for you to have a lawyer. You don't want to trust to winning on your own. If you didn't have car insurance its a good idea to get a consultation even if you have to pay from an attorney that handles civil case defense. Good luck! Make copies of the release--you don't want to give away the original!
If he signed a release I don't see that his company can win a case. They can bring one --but not win one.
You should notify your company if you had insurance--they will pay for you to have a lawyer. You don't want to trust to winning on your own. If you didn't have car insurance its a good idea to get a consultation even if you have to pay from an attorney that handles civil case defense. Good luck! Make copies of the release--you don't want to give away the original!
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