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Colorado Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Colorado on
Q: We have a family member living with us. She had agreed to pay rent and was receiving cash assistance. She hasn’t paid.

She has signed an agreement that she would pay a certain amount each month and hasn’t paid anything. What legal actions can we take?

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

If you have asked her to leave and she refuses then you'll need to evict her via the Courts. This process starts with proper notice.

1 Answer | Asked in Business Law, Small Claims and Civil Litigation for Colorado on
Q: I'm a designer. I hired a contractor. He built kitchen cabinets and hired a finisher to finish them.

The finish is defective and the cabinets have to be re-finished (for $10,000). Who do I take action against (in small claims court)? The contractor that I hired or the finisher that he independently hired.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 28, 2018

It would a county court case which has jurisdictional authority on cases between $7,500 and $15,000. You would have to determine venue (Which county to file in) under the court rules. Generally you would sue everyone that did not fulfill their obligations under the contract. In this situation it... View More

2 Answers | Asked in Family Law and Civil Litigation for Colorado on
Q: What are ramifications of co-petitioner filing a motion to modify decision-making responsibility without his signature?
Stephen J. Plog
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answered on Apr 10, 2018

The motion could potentially be dismissed. If you are the co-petitioner and the other side has not yet responded, or perhaps even if they have, you could file an amended motion with signature or a motion to amend the petition. Technically, a motion to modify decision-making should also come with... View More

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1 Answer | Asked in Child Support and Civil Litigation for Colorado on
Q: Can I file a complaint and ask the court to override the CSEU's 3 month Drivers license suspension?

The child support enforcement unit has caused every problem I have in making my payments since losing a job in Oct 2016. (No fault of my own BTW) They raised my payment obligation from $1179/mo to $1450 when I was unemployed and that caused an arrears balance to pay.

That balance has... View More

Stephen J. Plog
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answered on Mar 18, 2018

If they have validly suspended your license, your only real option is to get the arrears balance paid. You could potentially seek to modify the ongoing child support. If you are unable to work, which it seems you are, due to their actions, it's unfair for them to push for the continued... View More

1 Answer | Asked in Criminal Law, Divorce and Civil Litigation for Colorado on
Q: My ex sent me threatening emails and voicemails, attempting to blackmail me by exposing private info. What can i do?

I trusted my ex-boyfriend with info about my ex-husband while we were dating. I broke up with him and he is now threatening to expose that info to my ex-husband in an attempt to incite problems against me. My ex-boyfriend has sent me emails and voicemails with threats, name-calling and profanity.... View More

Stephen J. Plog
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answered on Mar 18, 2018

You could call the police and see if they will either ask him to stop or potentially press harassment charges. You could also look into filing for a restraining order to get him to stop contacting you. More information is needed to assess the viability of a restraining order being made permanent... View More

1 Answer | Asked in Business Law and Civil Litigation for Colorado on
Q: We are a 22 year old software company that recently received a judgment from a customer for a large amount.

It is beyond our ability to settle and we are considering closing the business (a subchapter S). I am writing because our programmer is considering launching his own business and selling our software, which he wrote. Our concern is regarding liability. Would the judgment be enforceable against the... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 14, 2018

The developer, even though he wrote the software, would not be able to sell it without a license. This assumes the S-Corp owns the software either as a contributed asset or as work for hire. The judgement holder would likely seek a writ of garnishment to seize the rights to the software then sue... View More

2 Answers | Asked in Civil Litigation for Colorado on
Q: How long do you have to comply with a judge's order in Colorado?
John Hyland Barrett III
John Hyland Barrett III
answered on Feb 13, 2018

The order should be complied with as soon as is possible under the circumstances. The order may set a time period for compliance.

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1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Colorado on
Q: I work for a small biz as an employee and was sued personally (small claims) for a mistake the biz made. What do I do?

I work for a small business as an employee that does watch repair by mail. A customers watch was lost in the mail - but now he has sued me personally in small claims court for the lost watch. How do I proceed because I was working as an agent of the company? I don't think I should be... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 12, 2017

Hire an attorney, A company policy is not the law and they can sue you and the company. You'll have to respond to the complaint and defend yourself at trial if necessary.

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Colorado on
Q: My daughter received school loans and needed a cosigner at the time she is now 33 I'm am now being sued for her loan

Now that she is older is there anyway I can be taken off of these loans because I have my own school loans that I'm paying back?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 8, 2017

Short of your daughter refinancing the loan (and not having you as a cosigner or guaranteer to the loan) or repaying the loan, there is no way to remove your name.

1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: can I file for a certificate of review myself or do I need an attorney to file it , in small claims?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 8, 2017

While a lawyer can be very helpful (esp. with understanding the law), a lawyer is not required for any litigation in which you represent yourself (aka pro se).

1 Answer | Asked in Civil Litigation for Colorado on
Q: What are the laws regarding serving people with documents in Colorado? See "More Information".

A man, I'm assuming he's a process server, has been coming to my door once or twice a month for the last 8 months. I'm never home when he comes, the man has spoke with my boyfriend and tells me that he has a "legal document" for me, but won't leave it with my boyfriend... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 7, 2017

This is not normal. A process server will not come by for 8 months. A debt collector might, but the duration and lack of a follow-up in the mail (via a demand letter) makes me think that this is not a debt collector either.

You may want to consider installing cameras to record this person....
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1 Answer | Asked in Criminal Law, Contracts and Civil Litigation for Colorado on
Q: I am looking for advise on obtaining a court order for a civil standby to retrieve my Forest River Cedar Creek 5th Wheel

I am looking for advise on obtaining a court order for a civil standby to retrieve my Forest River Cedar Creek 5th Wheel.

I am in contract with an individual that has had possession of the 5th since 2011 and I have had to chase every payment.

He has breached the contract by not... View More

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Jul 31, 2017

You will need to file a breach of contract actions. I would recommend speaking to an attorney about this. You will not be able to report it stolen because you and this other person had a contract, thereby making it a civil rather than a criminal matter.

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Colorado on
Q: Is there any compensation for living in a rental property where they knowingly had 4+ code violations and did nothing?

I was renting a duplex that had more than 5 Colorado code violations, with only one that was ever resolved. They let me out of my lease under specific terms which they did not comply with as discussed. Now they are saying that I owe money for things I should not owe for at all. I would like to know... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 28, 2017

Based on the information provided, this likely will not be resolved until litigation occurs. If you are owed money, you will need to sue in small claims; if the landlord is owed money the landlord will need to sue you in small claims court. You can also try negotiating out of court.

You may...
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1 Answer | Asked in Civil Litigation, Domestic Violence and Family Law for Colorado on
Q: Can I get around the publication part of the name change if I had a ex-boyfriend who was molesting?

I didn't file a report against him when it happened.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 23, 2017

Ultimately the judge decides whether or not the publication requirement is required. If you have health/safety concerns, there is a realistic possibility that a judge may waive the publication requirement, but there are no guarantees. If the evidence of molestation is documented and proven (say a... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Contracts for Colorado on
Q: I have a contract question. I was in an accident paid the other guy out and he signed release off all liability.

His insurance is now coming after me. This is in violation of the contract he signed with me. I think the contract he had with insurance was violated when he signed a contract with me. If it is true his insurance contract was violated by signing with me does the insurance company have any legal... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 22, 2017

If he signed a release I don't see that his company can win a case. They can bring one --but not win one.

You should notify your company if you had insurance--they will pay for you to have a lawyer. You don't want to trust to winning on your own. If you didn't have car...
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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Colorado on
Q: Can a home seller resend offer after signing a contract?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 18, 2017

I assume you meant to rescind no resend (spelling autocorrecting always gets me too...). Anyway, a seller may be able to rescind a signed contact, but this is usually conditional on either the buyer agreeing to release the seller or the seller offers a "penalty" to the buyer for... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Colorado on
Q: My boss had me admitted in er for piss test and i recorded it on my phone. They took blood, did a mri. Where do i go.

Now i have hospital bills, i may have trouble finding another job. My boss stayed in the room. HIPPA violations. I did work in the same hospital. I quit do to this. I have 2 hours of the admissions on video. With the mri, they irratiated my head and eyes for 30min. For a urine test. I have them... View More

Peter N. Munsing
Peter N. Munsing
answered on May 1, 2017

Employer should pay. See if what's on the phone can be downloaded--you want backup copies in case it's erased.

Contact an attorney who handles employment issues for employees --members of the colorado assn for justice give free consults.

2 Answers | Asked in Civil Litigation, Divorce, Family Law and Child Custody for Colorado on
Q: Can i contact my wife about my kids with out repercussions of the law. There is nothing court that says no.

I havent seen my kidos in 2 years went to prison unrelated issue she took off with all my money and everything i owm amd went mia. I payed privite investagator to hunt her down no go. Amd i just found out where i can contact her at. But no address to have her served for custody paper work. Can i... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 30, 2017

If you your wife or children have a protection order against you, you cannot contact them (but an attorney can). If you do not have a restraining order there should be no reason why you cannot contact her.

You should be allowed visitation/custody of the children. How much and what type...
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1 Answer | Asked in Civil Litigation and Family Law for Colorado on
Q: how do i get copies of coustdy papers if the courts are closed
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 6, 2017

Wait until they are open, the courts are open 7:30AM-5PM M-F (excluding state holidays). An attorney can pull most records online 24/7 (there is a fee for the attorney and I assume an attorney will charge on top of the court fee).

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Military Law for Colorado on
Q: 100% blind disabled veteran seek relief fm incorrect $151k collection from DFAS derived from 5 yrs alleged overpmts

I realize timing is everything. I know I retired during a bad time for the Federal govt & the veterans retirement system, that is, between 2008 & 2015, when there was not a Streamlined, one-stop process for honorable & medically retired personnel.

(BTW, I got my VA medical and... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 20, 2017

Yikes! Due to the sums involved, it is highly recommended that you contact an attorney that specializes in military law and/or military disability claims. Since the VA and DoD are not known for their transparency or efficiency, I suspect that something can be done legally.

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