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Colorado Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Federal Crimes and Identity Theft for Colorado on
Q: A friend of mine is on the verge of having to serve a 5 year federal BOP sentence. She needs an injunction against those

She requires a civil injunction against those who seek to deprive her of her property while she is away. She is a New Mexico resident. She owns Harleys... Trucks... A home...etc... Her plea bargain is on the docket for July 11th, 2019. And she has already found that her motorcycles have had their... View More

Gary Kollin
Gary Kollin
answered on Jul 5, 2019

If she owns that much property, she can afford to retain counsel.

1 Answer | Asked in Small Claims, Civil Litigation, Landlord - Tenant and Libel & Slander for Colorado on
Q: What action to take when forcibly kicked out with no notice?

My landlord on a month to month single room rental that had no lease kicked me out of the house mid month with rent completely paid up to the end of month. He gave no notice at all and forced me to leave immediately without getting all of my belongings, he also forced me to give back my house key... View More

Donald C Eby
Donald C Eby
answered on Jun 16, 2019

You may want to bring a claim for damages in Small Claims Court.

1 Answer | Asked in Civil Litigation and Health Care Law for Colorado on
Q: How does a garnishment for a hospital stay work? And how can I stop it or condense it?

A court was held but I didn't know and just received all the paperwork after being garnished this last paycheck.

Donald C Eby
Donald C Eby
answered on Jun 10, 2019

Have your considered filing Bankruptcy? This is usually the most effective method and you may gain additional debt relief in the process.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Contracts for Colorado on
Q: Looking for a Civil Attorney. Left leg amputated. Not get a fair trial exculpatory evidence held from the jury.
Tim Akpinar
Tim Akpinar
answered on Jun 9, 2019

It looks like you are seeking an attorney for what appears to be an appeal matter. Do not wait to be contacted by attorney. That isn't the way this board works. It is for posting legal questions. You can seek out attorneys, but you can't sit and wait to be contacted by one based on a... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Colorado on
Q: I asked someone to appraise a bracelet now they do not want to return it after finding cost
Donald C Eby
Donald C Eby
answered on Jun 6, 2019

Have you called the police?

1 Answer | Asked in Civil Litigation for Colorado on
Q: Questions about recourse for paying for a Financial Aid Refund I never received.

I recently found out that I have been repaying $13,942 worth of financial aid refunds that I never requested nor received. This was for the 2010/2011 school year. Since I was repaying other student loans, and was on an income based repayment plan, I did not realize that these were included. I... View More

Donald C Eby
Donald C Eby
answered on May 27, 2019

You should consider contacting an attorney to draft a demand letter for you. If that fails a lawsuit will force them to produce proof of the debt if they are unable you will not be required to pay the debt.

2 Answers | Asked in Civil Litigation and Contracts for Colorado on
Q: Do new owners take over existing contracts from old businesses?

We signed a contract for some kitchen remodeling and put around 2000 down. Franchise got sold and new owners are saying they don’t have to honor the contract. Can someone help me?

Donald C Eby
Donald C Eby
answered on May 1, 2019

Maybe. Someone has an obligation per the contract, either the buyer or the seller depending upon the specifics of the transaction and your contract.

You should have an attorney review your contract and likely send a demand letter to other contractor.

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2 Answers | Asked in Civil Litigation and Contracts for Colorado on
Q: Are colorado and/or US citizens governed by foreign law
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 4, 2019

Yes, but only if the Colorado or US citizens are within the jurisdiction of the foreign nation, or have agreed to be governed by foreign laws.

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3 Answers | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Colorado on
Q: My ex gave me a dog as a Christmas present. We lived together with the dog for 3 years, He's claiming rights to her now.

After he gave her to me I paid all the vet bills, micro chipping, injuries, dog food etc... She was bought off Craig's list in cash by his mother. I have her in my possession now but I'm scared of what he's capable of doing now. We originally made a verbal agreement to share her but... View More

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Apr 2, 2019

If he gave her to you, then she’s yours. The only way he can legally get her back and keep her is if he takes you to court and wins. If you have all other documents in your name then you will have a good chance at court if he takes you to court.

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1 Answer | Asked in Civil Litigation and Public Benefits for Colorado on
Q: Can you change your mind the next day and ask the courts if you could remöve your name off the contract?

Landlord would not downsize me to a one bedroom. My section 8 voucher was lowered from a two bedroom and I couldn't afford it and I fell behind in rent . furthermore, the contract states I must vacate after paying incorrectly charged costs 28 days they want $1500 and no money to move with and... View More

Donald C Eby
Donald C Eby
answered on Feb 6, 2019

You can file a motion for reconsideration or request the court to reject your stipulated settlement agreement.

2 Answers | Asked in Civil Litigation, Criminal Law, Gov & Administrative Law and Personal Injury for Colorado on
Q: Can a person be banned from a public space by an informal administrative order?

I have been "banned" from a public library for violating "policies" until I meet certain conditions.

This was decided by a hearing in absentia conducted by the library administration not a hearing officer.

I have been threatened with arrest for trespassing if I... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 23, 2019

Assuming the library owns its building they can decide who to admit. You can contact the Colorado Civil Liberties Union but I don't see that they couldn't, especially if you appeared to violate their rules for conduct or use of materials.

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1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Colorado on
Q: How can A company enforce a mutual binding arbitration agreement, If I was terminated two days prior to signing the form

I was suspended from work for not signing The companies mutual binding arbitration agreement, Two days prior to my return to work I was terminated by the company. For not signing the agreement, I had been employed by this company for about 19 months. How can a company enforce such an agreement??

Donald C Eby
Donald C Eby
answered on Jan 17, 2019

If you have not agreed to an arbitration agreement the company will not be able to compel arbitration.

1 Answer | Asked in Civil Litigation for Colorado on
Q: I own a powder coating company. A customer is claiming that a project I powder coated failed in the field.

I charged approximately $300 for his project. He wants me to pay him in excess of $4,000 for the costs to repair. What is the extent of my liability?

Donald C Eby
Donald C Eby
answered on Dec 19, 2018

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.

1 Answer | Asked in Civil Litigation and Criminal Law for Colorado on
Q: What can be done to stop a person from harassing another? Besides stopping the behavior what damages may be collected?

Individual known to be dangerous, is stalking my friend. He appears at the grocery store and terrifies her! He talks to her against her wishes, after she has told him to stop and leave her alone. He is a convicted felon, who has spent time in prison. He talks about having guns, is believed to be... View More

Donald C Eby
Donald C Eby
answered on Dec 7, 2018

She needs to obtain a Protective Order.

1 Answer | Asked in Business Law and Civil Litigation for Colorado on
Q: I was just wondering if I have a case. I feel like I was done wrong and unfair. Can I do anything?

12 years ago a friend and I started a used car dealership. In structuring the company my name was not included, but it was me who was responsible for creating the company’s brand (business name, logo, slogan, website, colors, operating methods). My ideas, my creations, my hard work for the first... View More

Ashley Dean Powell
Ashley Dean Powell
answered on Dec 4, 2018

There may be potential claims here that you could have pursued. As you may well know, most civil claims/disputes like this have a deadline by which the claim must be brought in court (a "statute of limitations"). Given that the business was started 12 years ago and the relationship... View More

2 Answers | Asked in Civil Litigation for Colorado on
Q: My contegency fee attorney is asking me to pay $20,000 to her. I signed a contengency fee contract.

It is a personal injury case. I was hit by a car as a pedestrian.

Donald C Eby
Donald C Eby
answered on Nov 16, 2018

Have you already signed with this attorney?

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1 Answer | Asked in Civil Litigation, Contracts, Construction Law and Environmental for Colorado on
Q: Our home was to have an asbestos abatement performed; and what we were assuming was a person whose company was certified

This company proceeded to do work on the house (by his subcontractor who was "certified"; but not a state certified company), parts deemed affected were pulled; but was not disposed of properly, and now the state has become involved, with a Stop Work order posted to property. Now this... View More

Donald C Eby
Donald C Eby
answered on Sep 25, 2018

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.

1 Answer | Asked in Business Law and Civil Litigation for Colorado on
Q: Can investors sue sharholders of a corporation

My ex-business parter wants me to payback money he invested in our company. I never asked for him to pay me back what I invested. Plus I was willing to sign over my shares of the company and he refused. Now he wants to sue me over the funds and also wants me to pay back an invoice that paid for but... View More

Donald C Eby
Donald C Eby
answered on Sep 10, 2018

Not sure what you mean here. An investor generally is a shareholder. If you get sued, I'll be happy to defend you.

1 Answer | Asked in Civil Litigation for Colorado on
Q: Looking for a lawyer in Arvada to help me in a case where I am being sued.

My son is in prison for a hit and run resulting in death and the victim's family is now suing me since I was co-signer on the vehicle he was driving. I need a lawyer fast because I only have 18 more days to respond.

What kind of lawyer do I need and how do I find one?

Donald C Eby
Donald C Eby
answered on Aug 26, 2018

I'll be happy to help you. Call 303-688-0944 and ask for a free consultation ASAP.

1 Answer | Asked in Real Estate Law and Civil Litigation for Colorado on
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!

She obviously lied on disclosure, even neighbors have commented on this fact & willing to testify in court. We have over 30K in damages & necessary repair. I'm not interested in mediation, how to go about persuing litigation & should I make a complaint to board of realtors. She... View More

Donald C Eby
Donald C Eby
answered on Aug 3, 2018

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... View More

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