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Colorado Civil Litigation Questions & Answers
1 Answer | Asked in Bankruptcy, Civil Litigation and Civil Rights for Colorado on
Q: Do I have to file for bankruptcy to get driver's licence back.

2008 is when accident happened. 2009 was when I got licence suspended, the money is 250,000 plus late fees sence. No one was seriously hurt.

James L. Arrasmith
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answered on Sep 11, 2024

You do not necessarily have to file for bankruptcy to get your driver's license back. The suspension of your license likely stems from the debt owed due to the accident. There are options you can explore to address this debt without going through bankruptcy.

You may consider...
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1 Answer | Asked in Family Law, Civil Litigation and Domestic Violence for Colorado on
Q: What are my rights if my husband continuously threatens to kick me out of a his friends trailer that we been in for 7mth

My husband and I were evicted 8 months ago and moved into his friends trailer with no water, no elec.and quietly living there can’t use address. My husband got a job making 20/hr and gives the guy $200 a month here lately. But now threatens to kick me out everyday. I would,but I’m shy have... View More

Cindy Perusse
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Cindy Perusse
answered on Sep 6, 2024

Husband can't kick you out of a place he doesn't own and even if he did own it, he can't make you leave your own residence without a court order.

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Colorado on
Q: What are the rules of civil court about Your attorney being your live in boyfriend.? Can the case get thrown out ..

I'm pretty sure they have been working on setting up this case up before it even went to the courts.Things and questions the plaintiff started asking and having me do seemed weird too at the time.I just found out that he is her attorney.They hv been putting his law firm name instead of his... View More

Anthony M. Avery
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answered on Feb 14, 2024

Based on your facts, no ethical rules are violated. You probably need to look at the law dealing with whatever cause of action is involved, but first you have to have standing. Intervenors get thrown out all the time.

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Colorado on
Q: My car is being held against my will for repairs that will not be done. What are my options?

Car was brought in for inspection and repair of hail damage. The car has been inspected and deemed a total loss, so no repairs have been done. I want to pick up the car but repair facility insists upon over $7,000 for “storage and administrative fees”. Again, apart from my insurance company’s... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Nov 15, 2023

First, call your insurance company and ask them to help. If your insurer won't help, ask why and get it in writing. If your insurer cannot resolve it, consider calling the Attorney General's consumer fraud hotline or making a complaint with the BBB. You may need to hire a lawyer if those... View More

1 Answer | Asked in Civil Litigation and Collections for Colorado on
Q: Hi, if my case was dismissed with prejudice can the rental property add it to my credit report as a collection?
T. Augustus Claus
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answered on Oct 27, 2023

If your case was dismissed with prejudice, the rental property should not typically add it to your credit report as a collection. Should they attempt to do so, it's advisable to communicate with the property to address this and, if necessary, dispute any inaccurate report with the credit... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: If a title to a vehicle has two names on it, the first name being mine, then under, that is my boyfriends name.

The vehicle insurance is in my name only because he does not have a license hind one that pays for everything. Does he have a legal right to take my car in a separation?

T. Augustus Claus
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answered on Oct 9, 2023

In Colorado, if a vehicle title has two names on it, both individuals typically have an ownership interest in the vehicle. The specific rights of each person might depend on how the names are connected on the title. If it says "AND" between the names, both parties typically must agree to... View More

1 Answer | Asked in Civil Litigation and Probate for Colorado on
Q: Where to begin with my girlfriend's family holding her inheritance?

Her mother passed away in August 2021, and was told by stepfather to come and get her $80,000 inheritance. She was given specific information regarding where and how to pick it up, but upon arriving, stepfather told her to go away. He claims to have given everything to her brother, including her... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Oct 5, 2023

Your girlfriend should call a probate lawyer. Also, if you're in Denver, the Probate Court there has some resources available where she may be able to get some generalized advice or help. (Information available here: https://www.courts.state.co.us/Courts/Denver_Probate/Index.cfm) Other courts... View More

2 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for Colorado on
Q: I purchased a home in march 2023. There are so many problems with it. Cracked and crumbling foundation, plumbing and

Electrical issues just to begin with. Seller did not disclose any of this to us. Inspection was done but inspector did not bring this to our attention. What kind of lawyer am I looking for, for this type of matter and would i use the same lawyer against both the seller and inspector?

James A. Greer
James A. Greer
answered on Sep 27, 2023

Dear FAILURE TO DISCLOSE claimant: The type of lawyer you need is a real estate and construction experienced lawyer. And, no, you shouldn't expect to have to hire separate counsel for your claim of (1) Failure to Disclose, and (2) Negligent Inspection. I am hopeful that you have a standard... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Colorado on
Q: Trying to find an explanation as to how tenancy is changed from yearly to month to month while not moving in and out?

Logic would dictate that the longer you've occupied the same space the longer you'd need to move.

Michael Joseph Larranaga
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answered on Sep 22, 2023

The type of tenancy you have is often governed by your lease/ contract. In many contracts, there is a provision in the terms section that will change a fixed year to a month-to-month or other. It all depends on the wording. Further, a month-to-month can be established for hold-over tenants in... View More

3 Answers | Asked in Consumer Law, Civil Litigation and Contracts for Colorado on
Q: prepaid dance lessons for my daughter. She has decided not to use this studio. The dance studio is refusing refund.

Studio is stating that prepaid money cannot be refunded only applied to lessons. Is there legal standing to demand a refund?

T. Augustus Claus
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answered on Sep 14, 2023

In Colorado, your ability to demand a refund for prepaid dance lessons largely depends on the terms and conditions stipulated in the contract or agreement you entered into with the dance studio. It is essential to carefully review the contract, paying particular attention to provisions related to... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Colorado on
Q: Can someone read this over and see if I'm accurate or not, for me please Motion to reconsider judgment in FED Eviction

"fraud of courts." Defense

Background:

1. During the proceedings, the plaintiff's counsel presented unnecessary testimony from a process server to support a false claim of personal service to the defendant. This witness testimony was intended to embolden the... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

That doesn't sound like a valid defense to an eviction case. It sounds like the judge did the correct thing in dismissing (presumably without prejudice) the eviction against the unserved defendant and evicting the defendant who admittedly was served. The landlord will have to refile the... View More

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Colorado on
Q: Would the plaintiff's process server getting caught perjuring affect outcome of case or appeal?

If lost FED eviction the but plaintiff's process server got caught perjuring. Now this was a possession hearing an affidavit would have sufficed they brought in an orchestrated him to lie I won denied the due process because the judge didn't believe him, but co-defendant was evicted, she... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Unlikely. A process server's job is simply to hand a piece of paper to a person and then confirm that it was delivered. If the process server screwed up even deliberately, it won't affect the merits of the case between the landlord and and tenant. At best, the tenant is entitled to a... View More

1 Answer | Asked in Civil Litigation and Family Law for Colorado on
Q: If I asked for a lawyer when cps was at my house and they continue to ask questions is that agents the law
T. Augustus Claus
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answered on Aug 1, 2023

If you are being questioned by Child Protective Services (CPS) or any other law enforcement agency, you have the right to remain silent and the right to an attorney. You can assert your right to remain silent and request a lawyer at any point during questioning.

If you have clearly stated...
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1 Answer | Asked in Civil Litigation and Probate for Colorado on
Q: Can I file a motion into the closed case for breach of fiduciary duties or is that a separate case?

On my parents trust case we had a temporary successor trustee for about 8 months and then she was removed after mediation between myself and my siblings. The case has been closed now past the initial statute of limitations. However, only 6 months ago new information previously not disclosed came to... View More

Michael Joseph Larranaga
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answered on Jul 21, 2023

This is a complex question. If there was fraud the statute of limitations may be extended.

You may need to take multiple steps including reopening the estate, filing an action against the former PR, and so on.

Rather than trying to do this yourself, you should seek legal help....
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1 Answer | Asked in Car Accidents, Civil Litigation and Civil Rights for Colorado on
Q: What are my options. Do we have to pay this outrageous price out of pocket to repair such a small accident?

Delivered a rolloff and backed into a commercial fence. My insurance won't pay for it. The quote they gave is outrageous. The quotes we received are responsible. We feel like they are taking advantage of the situation. What would be the best route to go, knowing our insurance will not cover this.

Tim Akpinar
Tim Akpinar
answered on Jul 15, 2023

A Colorado attorney could advise best, but your question remains open for two weeks. If your insurance won't pay for the damage because of a difference in opinion as to the cost of repairs, ask them to consider the lower quotes you obtained (you may have already done that at this point). If... View More

1 Answer | Asked in Land Use & Zoning and Civil Litigation for Colorado on
Q: Towed from commercial private parking lot parked less than 24 hours. Parking lot has no signs whatsoever. Is this legal

Security called to have my car towed. It was neither parked illegally nor was it legally abandoned.

T. Augustus Claus
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answered on Jul 13, 2023

If you believe your car was wrongfully towed from a commercial private parking lot without proper signage or a valid reason, you may have legal claims to consider. Consult with a local attorney to determine if the towing company failed to follow proper procedures or lacked a valid reason for towing... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Domestic Violence and Small Claims for Colorado on
Q: Looking for solace and answer's in this Messy divorce, I'm open to suggestions on how to pursue legally?

ex-wife felt like telling all our neighbors and even the police that I physically and emotionally abused her. I separated from her because I had enough of the blame someone else for your problems attitude. She even went as far as getting help from a domestic abuse line in which they assisted her... View More

Michael Joseph Larranaga
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answered on Jun 5, 2023

This is a hard one particularly because you are dealing with a sensitive topic.

No one wants to say that a domestic violence victim was not a victim but a liar. That being said, it does not mean it is impossible to prove. The real issue comes down to public perspective. A strong case can...
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1 Answer | Asked in Civil Litigation, Divorce and Family Law for Colorado on
Q: What determines common law marriage in the state of Colorado? We bought a home and were together for 9 years

I filed for divorce and his attorney filed that we are not common law married.

Michael Joseph Larranaga
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answered on Jun 5, 2023

Common law marriage is a complex question that you should hire an attorney to help you address. You typically need to be together for a certain amount of time and hold out as married such as wearing wedding rings, calling each other husband and wife, and so on. Each state is different, hence the... View More

2 Answers | Asked in Real Estate Law, Business Law, Civil Litigation and Insurance Defense for Colorado on
Q: Regarding LLC's and "personal" liability umbrella policies

I have several properties in CO, each in it's own separate LLC with me as the only member of each LLC. Does having all the LLC's insured under a PERSONAL liability umbrella defeat the entire point of the LLC's, (which is to keep each property only individually "liable" and... View More

Miles Williams
Miles Williams
answered on Jun 2, 2023

Hi there, generally your personal liability policy is not going to cover the properties owned by the LLC given that the LLC is not the insured on the policy. You would need to read the policy to be certain. An umbrella policy for all of them could be a solution if there was adequate coverage and... View More

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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for Colorado on
Q: Contractor purchased materials on my CC, most never delivered/installed, he disappeared after demo, what is my recourse?

I hired a GC & signed a contract to remodel my bathroom. I have not received a copy of this contract despite asking every day. The contract stipulated an est of $15k-a $4k deposit & $4k upon completion & I would pay for materials. The GC showed references & licensing info & they... View More

Ben Volpe
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answered on Apr 19, 2023

I suggest considering a demand letter to the contractor regarding the issues. Keep in mind if there are construction defect issues, you'll need to consider a notice of claim letter per the Construction Defect Action Reform Act. If they do not make an effort to resolve the situation, you may be... View More

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