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Colorado Civil Litigation Questions & Answers
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

2 Answers | Asked in Civil Litigation for Colorado on
Q: My Dad’s life insurance paid me $40,000. Insurance co claims they paid me double. What do I do? I don’t have the money.
Michael Joseph Larranaga
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answered on Mar 31, 2023

Good afternoon,

I would suggest pulling a copy of your dad’s life insurance policy and contacting an attorney.

You need to identify who the beneficiaries are on the policy. If you are truly owed $80,000 and they only paid $40,000 then you may have a claim for legal action. But...
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1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Civil Rights for Colorado on
Q: What is considered a sufficient (minimum) amount of time to be given a notice of a family court hearing In hours or day?

So if a opposing party would intentionally show up at my house with the objective to get me arrested for a warrent that was granted off of false information. Then after finally being released from jail 8 days later I would receive a letter via USPS about a hearing to restrict my parenting time... View More

Rebecca Pescador
Rebecca Pescador
answered on Mar 8, 2023

This question is impossible to answer without more information. Generally, the notice must be "reasonable". Many factors can go into whether it is "reasonable" or not though. In some circumstances it may be "reasonable" to expect parties to appear at a hearing... View More

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Colorado on
Q: Could aparent of a child refuse to return child to the guardian after a visit, if there was a safety concern with

My daughter was bit by gaurdians dog and tries to say it was a scratch, i don't want her in her care.

Sabra M. Janko
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answered on Feb 13, 2023

A person can withhold a child for safety reasons, however they risk being in violation of a court order if the issue is brought to Court and the Court determines that there was not imminent harm. Generally when a person withholds a child, that person simultaneously files an emergency motion with... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: When opposing defendant's summary judgement, does the case law cited need to be Supreme Court decisions only?
Michael Joseph Larranaga
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answered on Jan 16, 2023

No. While supreme court precedent controls the lower courts, it may not always be the best cite, or even available. This is not legal advice and citing has to be decided on a case by case basis. Attorney's have a duty to the court to provide them with good case law. That varies based on the... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Colorado on
Q: In a property line dispute, can on party take ownership of another party's house/property?

My neighbor is in a property line dispute with the neighbor on the other side. My neighbor can't sell his property because of a Lis Pendens against his property. Even though he has 2 certified property surveys, he just lost a civil judgement in this property dispute. If the neighbor has to... View More

Michael Joseph Larranaga
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answered on Jan 16, 2023

Having dealt with surveyors in the past, I can tell you there are different quality surveyors, different levels of survey, and different types of surveys. They all carry different weights. Property line disputes often come down to the history of the property. The longer you have owned your property... View More

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2 Answers | Asked in Real Estate Law and Civil Litigation for Colorado on
Q: In a property line dispute, can on party take ownership of another party's house/property?

My neighbor is in a property line dispute with the neighbor on the other side. My neighbor can't sell his property because of a Lis Pendens against his property. Even though he has 2 certified property surveys, he just lost a civil judgement in this property dispute. If the neighbor has to... View More

Anthony M. Avery
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answered on Jan 16, 2023

Hire a competent CO attorney to conduct a title search now. He can advise if a new survey of the boundary is advisable. You might also start finding the prior owners or other witnesses which might know the land boundaries in the past. Then you will be prepared if sued.

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1 Answer | Asked in Civil Litigation and Car Accidents for Colorado on
Q: I was rear ended, the other driver has no insurance and the estimate on repair deemed it a total loss. What should I do?
Tim Akpinar
Tim Akpinar
answered on Nov 27, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. I'm sorry about your accident. Your options could depend on the provisions of your insurance policy. You could check with your carrier or your insurance broker about the scope of coverage under your UM... View More

3 Answers | Asked in Business Law and Civil Litigation for Colorado on
Q: In Colorado, can personal civil documents intended for an individual be served to the registered agent of their LLC?

For example, if attempts to serve someone a civil lawsuit at their home address have been unsuccessful, could that person be served via the registered agent for an LLC they own, even if the LLC is not named as a defendant in the lawsuit? Specifically, if they're using a registered agent... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Dec 1, 2022

Service of process is a difficult concept when it is not straightforward service on the person being served. Both the other answers to this question are correct. These are very fact-specific questions. I agree that you could look to the rules of civil procedure for “self-help.” Remember,... View More

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3 Answers | Asked in Business Law and Civil Litigation for Colorado on
Q: In Colorado, can personal civil documents intended for an individual be served to the registered agent of their LLC?

For example, if attempts to serve someone a civil lawsuit at their home address have been unsuccessful, could that person be served via the registered agent for an LLC they own, even if the LLC is not named as a defendant in the lawsuit? Specifically, if they're using a registered agent... View More

Kevin Michael Strait
Kevin Michael Strait
answered on Nov 7, 2022

The LLC structure is a legally distinct entity in Colorado law. While some code sections and some tax regulations will refer to both businesses and regular people equally as a "person" the significance of the LLC is to create a legal distinction between the business and its owners.... View More

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3 Answers | Asked in Business Law and Civil Litigation for Colorado on
Q: In Colorado, can personal civil documents intended for an individual be served to the registered agent of their LLC?

For example, if attempts to serve someone a civil lawsuit at their home address have been unsuccessful, could that person be served via the registered agent for an LLC they own, even if the LLC is not named as a defendant in the lawsuit? Specifically, if they're using a registered agent... View More

Michael Joseph Larranaga
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answered on Nov 9, 2022

I would recommend reviewing the rules of civil procedure as they pertain to personal service. There are quite a few ways to obtain personal service. If you are unsure, you should contact an attorney. If you cannot afford one, another option may be to hire a good process server that is familiar with... View More

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1 Answer | Asked in Civil Litigation and Civil Rights for Colorado on
Q: 10 day demand. No statutory statement. No date,time, summons on the 24th for court 27th paperwork submitted to court inv

Valid. Had trial wanted to present my evidence which clearly shows they didn't properly serve me I was told if we go to trial and the magistrate sees I owe money it's going to be an eviction regardless. Can I reverse the agreement to leave in 20 days?

James L. Arrasmith
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answered on Mar 24, 2024

If you believe the eviction process was mishandled, particularly regarding service of notice and your chance to present evidence, you might have grounds to challenge the agreement or the eviction itself. It's essential to review local tenant laws and eviction procedures as they can vary... View More

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 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 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 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

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