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Colorado Civil Litigation Questions & Answers
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 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 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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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

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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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.

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