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Colorado Civil Litigation Questions & Answers
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

1 Answer | Asked in Civil Litigation for Colorado on
Q: What can I do when law enforcement fails to provide audio/bodycam per C.R.S. 24-31-902?

Two requests in writing (USPS) have been ignored.

Having trouble with the system... I found an/the answer possibly helpful. I don't know if a subpoena duces tecum is appropriate in that I do not have an open case or an attorney (yet). This is a step prior to a lawsuit that is... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2023

Have your attorney issue a subpoena duces tecum.

1 Answer | Asked in Civil Litigation and Criminal Law for Colorado on
Q: Can officers impound car and take things they didn't give a reciept for?

The itemization was done and no where on it is the things officer took. No discription or even that they took it.

John Gregory Scott
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answered on Oct 5, 2022

If a vehicle is impounded, there should be an inventory conducted prior to impound. The owner should receive a receipt for any items removed from the vehicle. If a vehicle is searched pursuant to a warrant or some other lawful search, items removed from the vehicle may be listed either on the... View More

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Colorado on
Q: Can a landlord sue you based on estimates without an explanation of what was repaired?

Landlord withheld my entire security deposit of $1750 and charged $2065 on top of that for “estimated” repairs. They will not provide receipts, I have requested them several times. They took me to court because I did not pay until I received receipts. Now I will be responsible for interest and... View More

Michael Joseph Larranaga
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answered on Sep 19, 2022

You need to talk to an attorney. The landlord as Plaintiff, just like in most civil cases, has the burden of proof which includes proving their damages. Damages do not need to be exact, but they cannot be guesses either.

Depending on where you are in the process, you may even wish to...
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1 Answer | Asked in Civil Litigation for Colorado on
Q: Can I contact people walking into a business to inform them about the business’ practices? Protest without defaming.

I want to protest a business and just want to make sure I can inform the potential clients about the business’ practices.

I just want to make sure I don’t commit decimation or libel.

Will they be able to pursue me for either if what I am telling people is based in fact?

Michael Joseph Larranaga
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answered on Aug 26, 2022

You need to be very careful doing this. Just because your feel the statements you are making are true does not mean you cannot get sued.

In the US we have freedom of speech. That being said, that freedom is limited to an extent. If you publish false statements damaging the business's...
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1 Answer | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Colorado on
Q: I was illegally kicked out of my apartment and would like to sue for being made homeless. What kind of attorney do I nee

I was initially evicted, but worked with another lawyer to get the eviction removed. I still had to leave my apartment with only a days notice and have since been homeless. I would like to sue them, but I am having difficulty finding what type of lawyer I need to find to help me.

Tim Akpinar
Tim Akpinar
answered on May 19, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. You ask what type of lawyer you need. Out of the categories you chose, landlord-tenant is probably the best place to start. Personal injury attorneys aren't likely to have... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Colorado on
Q: What is the statute of limitations in Colorado for a buyer to sue a seller after the sale of a home?
Anthony M. Avery
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answered on May 18, 2022

You will need to hire a competent CO attorney to figure out what the applicable SOL is, as different causes of actions have different SOLs. Despite numerous postings, noone has responded because your question is incomplete. Call one of the CO lawyers listed here on Justia, whom I have noticed... View More

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Colorado on
Q: What are my steps when a law firm threatens to sue for something where the statute of limitations has expired?

I received a strongly worded letter from a law firm threatening legal action in the form of a lawsuit over an unpaid debt. They also said that it’s been noted that I attempted to basically defraud the collector because I allegedly closed a bank account. (Don’t recall this) The debt itself I am... View More

David Luther Woodward
David Luther Woodward
answered on Apr 12, 2022

first of all, go see a good bankruptcy/financial distress lawyer. It sounds to me like the statute of limitation might have run. If that is the case, then you have an action against the law firm.

That aside, bankruptcy could be your solution, but only a good local lawyer can give you that...
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1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for Colorado on
Q: Can I sue someone for breaking my car window. Even though it’s been over a month?

Hi. It is 2-21-22. On 1-12-22. An intoxicated passenger of mine ripped out my manual cranks for both back windows. After rolling down the windows. Then got out and took my door and slammed 3 times hard enough until the window shattered inside the door. I didn’t call the police on account I had... View More

Kevin Michael Strait
Kevin Michael Strait
answered on Feb 21, 2022

In Colorado, yes you can sue someone for money to compensate you for damage to your vehicle. Colorado counties have general district courts that will allow small claims lawsuits. Colorado statutes § 13-6-403 limit the claims in small claims court to $7,500 total. Your claim for money owed by this... View More

1 Answer | Asked in Banking, Business Law, Civil Litigation and Divorce for Colorado on
Q: my wife served me with divorce papers. She began stealing both our accounts and our business account we are still marr

We are still married as the judge continued the divorce until July. I was wondering while we waited, how I can get my money back, as she stopped checks to both my lawyers, leaving them unpaid, and me in a financial burden. I believe she also used my signature to take me off an account, yet not... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 26, 2022

You should consult with your existing lawyers re how best to proceed.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Colorado on
Q: What if a court order is impossible to complete ?

I got divorced in Colorado and have been ordered reintegration therapy to have contact with my children however I live in Florida. To have therapy the therapist must be licensed in both states this is impossible to find and if I did find a therapist willing they would be in violation of the law... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 6, 2022

Yes, you can file a motion to have he court modify it's order. Your motion should propose a solution that is possible and that will meet the court's initial concerns. You should get a lawyer in Colorado to help you with this (assuming the order is from the Colorado court).

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Colorado on
Q: what do i do if my soon to be ex wife and my family the state and conuty ect .... as well as every bank wont help me ..

they have hacked every phone ..on my sixth phone line ..i now have no money no wheels.. they are hidding everything from and everyone has helped them ... she sold and stole a patent of my and now doing it agian ..its all about money investment property ... i never even knew and now they're try... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 4, 2021

Scheduling an appointment with a therapist to help you move past your loss. If you've exhausted all other remedies there's nothing left but to let it go. A professional can assist you with that.

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
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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... View 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... View 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,...
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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... View 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... View 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... View More

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