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Colorado Civil Litigation Questions & Answers
1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for Colorado on
Q: I know i have a case in county court under $15k but i need to know if both me and my husband must attend?

Both names on estimate but he only signed. They have been dealing me and i paid.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 5, 2017

If you intend to introduce evidence and have testimony about the agreement/estimate, it is recommended that both people attend. It is not certain from your facts if your husband is required (a reasonable arguement can be made that he is not required), but it is always safer to prepare for... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: Please help Im running out of time. Im doing a money demand and te def. has been served and filed a answer under civil p

procedure. I understand that I need to file an answer or stipulation. Im not sure which I have to do. Is it the form STIPULATION or what? Very confused and dont want to mess it up. The judge said I had 30 days from Feb 15 to find agreement for both partys.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 3, 2017

Without looking at the materials, I cannot provide advice beyond some general filing procedures. It sounds like you should seriously consider hiring a family law attorney. If money is a problem many attorneys are willing to "ghost write" motions and responses (i.e. a lawyer writes the... View More

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Colorado on
Q: Can I collect fees associated with my small claim against a person I contracted for and will not pay documented amount?

I delivered a package for a gentleman I just started working with. We didn't have a contract, but I have many text messages documenting the time worked, receipts, and him saying he will pay me a specific amount.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 19, 2017

Yes you can. Contacts can be formed via oral agreements, text messages, performance (action), and written agreement. Be aware that you have to prove that an agreement was formed. Based on your facts the text messages should prove this, but also collect any receipts or other evidence that you... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: Evicting roommate not on lease

My girlfriend is living with me, but refuses to leave. I want to end the relationship but she refuses to leave and is making my life terrible. She says she has squatter rights, and will not leave, even when I have given her written notice to leave. What can I do?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 17, 2017

There are various approaches, but this is the safest. Give her written notice that she must leave by no later than the end of the end March. If she stays into April, contact the landlord about changing the locks.

1 Answer | Asked in Civil Litigation and Employment Law for Colorado on
Q: Employee offered equity for deferred payment. Company closed, new one opened. Can equity be granted?

Employee worked for startup and offered equity in exchange for deferred payment. Company was so slow, that employee and CEO agreed to pause working relationship. CEO now has very similar company, but under a new name, says cannot offer equity to someone who is not an employee. What should... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 10, 2017

You will need to contact a lawyer directly for a review of the total circumstances. There are simply too many variables to make an even partial general statement of the law. The key issues are whether the equity rights were fully vested and exercised before the company closed. Even then, the answer... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Colorado on
Q: If a Judge signs an Order Granting Plaintiff's Motion For summary judgment in favor of Movant for the partition of

property. Is the property then legally divided?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 31, 2017

The judge's order must be recorded with the Assessor's Office for the partition to be complete, but de facto the property is legally divided with the judge's order. If an appeal is filed, the partition may be delayed.

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1 Answer | Asked in Criminal Law, Family Law and Civil Litigation for Colorado on
Q: My mother has given me half of her jewelry, She claims to have found a attorney and if I don't return jewelry she will

file a report with a attorney for Grand Larceny. I know she is suffering from the first stages of dementia. My question is, will a police officer come to arrest me??? She has willing given me her jewelry and always has stated that when she passes away the jewelry is mine. Also her and my father... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 31, 2017

Justia's Q&A is for general legal questions. If you would like an assessment your situation, you will need to contact an attorney directly.

For general information, a gift technically cannot be revoked if the full exchange has been completed. However, there is a matter of...
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1 Answer | Asked in Civil Litigation and Criminal Law for Colorado on
Q: So is it safe to say states can turn a right into a crime. Per state and Highway laws instate?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 18, 2016

If you are referring to the commerce clause in the US Constitution, the US Supreme Court interprets the exact scope of the clause (and the US Constitution in general). Ironically, the most conservative judges (Thomas, Alito, Scalia, Rehnquist, and Roberts) are the judges that have heavily reduced... View More

1 Answer | Asked in Business Law, Civil Litigation and Probate for Colorado on
Q: Probate closed on an estate. The will was never fully executed. Myriad lies, & laws broken. Have atty lying on tape.

Now a real estate investment trust that was never transferred wants to foreclose on (a) property(s) which secured a loan. They need permission from beneficiaries but one of them is dead and the financial instrument was never properly transferred to the heirs. It is in the estate of another dead... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 2, 2016

Contact an attorney who handles probate litigation. As a general rule, the PR is personally liable for all errors and/or negligence in the management of the estate. As for recording in the lawyer's office, unless the location was a public place, the attorney likely has the right to prevent... View More

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Colorado on
Q: The rep for the will and trust of my late mother did not notify the heirs and said that I was dead. Breach of contract?

The rep and her daughter of Missouri are the beneficiaries. The rep did not co operate with me until I sent evidence to the AG of CO who advised private lawyer. I got a letter from the lawyer for the will saying that the rep kept the probate open. I suspect fraud.

Paul Stanko
Paul Stanko
answered on Oct 1, 2016

Fraud, breach of fiduciary duty, any number of problems may be present in this scenario. Seek independent counsel and get an opinion of what is going on.

1 Answer | Asked in Bankruptcy, Business Formation, Business Law and Civil Litigation for Colorado on
Q: Should I report a corporation filing Chapter 7 and hiding its main asset in a US shell LLC & has also commingled funds?

I learned my former employer will be filing Chapter 7 for his privately-owned corporation mainly because of (unsecured) judgments against it. It has very few assets other than the office building it owns which has about $500k of equity. The building was always the property of a US shell LLC whose... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 16, 2016

There are a lot of things to consider here. I understand that you want to do the right thing, but you may be subject to NDAs (non-disclosure agreements) and other potential violations of privacy/confidentiality. The best advice is to contact a lawyer directly (at least the discussion will be... View More

1 Answer | Asked in Civil Litigation, Contracts and Traffic Tickets for Colorado on
Q: Dealing with a speeding ticket, denied me due process of law. Didnt show up for 1st court hearing, warrant, jail, bail.

Need help filing a breef and proposed order.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 1, 2016

Justia is for simple questions. You need to contact a lawyer (who will charge you) to write briefs/motions.

1 Answer | Asked in Civil Litigation for Colorado on
Q: Do both parties have to be represented by a lawyer in order to do a stipulated case management plan
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 12, 2016

I don't believe it is restricted to attorneys, but check with your family court facilitator (I assume this relates to a family law matter). As an aside, a CMP is really designed for two experienced family court attorneys who already know the system and want to save time by skipping court... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: is it legal for a law firm to serve a summons to me that has never been entered into the courts?

I was served a summons last night by someone in civilian clothes. They did not ask for a signature and just left me with a Summons, a complaint under simplified civil procedure, 2 Exhibits of evidence, and a blank form Answer Under Simplified Procedure. When I called the courts this morning to file... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 19, 2015

A summons in a civil case is usually (or often) served by a private process server, not a peace officer. Process servers are civilians, and they don't wear uniforms. And service of process normally doesn't require that you sign for it. So it doesn't seem that the service was... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: How does TN have personal jurisdiction over a CO resident when they have never been to TN?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 5, 2015

It depends on the circumstances. In the past, personal jurisdiction (PJ) only referred to physical presence, but PJ has been significantly expanded to include other things (e.g. reasonable expectation of sales in a state, having sex in a state in which a child is produced, temporary passage through... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: Can a plaintiff sue a witness listed by the defendant?
Michael J. Laszlo
Michael J. Laszlo
answered on Apr 6, 2011

Some more information would be helpful in answering this question. Would this witness be sued becuase of the testimony they gave during the case? Or, would this witness be added as a defendant to the case in progress?

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