Colorado Collections Questions & Answers
Q: Spouse died, had a business loan-can the bank pressure me to pay if I'm not on the note, nor a part of his business?
Ashley Dean Powell's answer
Sounds like you are in a very difficult situation. I don't think I can speak to the employment-related issues.
As for the debt, as a general matter, if you did not sign the note, did not sign a guarantee related to the note, and were not part of the business that borrowed the money, then you typically would not have a direct liability for the debt.
There are a variety of factors that may influence that answer. Was your spouse's "business" a separate legal entity or actually just...
Sounds like you are in a very difficult situation. I don't think I can speak to the employment-related issues.
As for the debt, as a general matter, if you did not sign the note, did not sign a guarantee related to the note, and were not part of the business that borrowed the money, then you typically would not have a direct liability for the debt.
There are a variety of factors that may influence that answer. Was your spouse's "business" a separate legal entity or actually just...
Q: I was ordered to pay attorney's fees but cannot pay because I have been on disability
Stephen J. Plog's answer
You need to consult with an attorney quickly. A court can order fees if frivolous or baseless motions are filed or things are done and it does not have to take your disability into account. That being said, there may be steps you can take to lessen the amount, challenge the ruling, etc. The specific facts need to be known by and discussed with an attorney before anyone can tell you your options. If you are truly unable to pay right away you may need to prove that down the road.
You need to consult with an attorney quickly. A court can order fees if frivolous or baseless motions are filed or things are done and it does not have to take your disability into account. That being said, there may be steps you can take to lessen the amount, challenge the ruling, etc. The specific facts need to be known by and discussed with an attorney before anyone can tell you your options. If you are truly unable to pay right away you may need to prove that down the road.
Q: Am I responsible for my husband's medical bills?
Kevin Scott Neiman's answer
The rules for determining which spouse is responsible for what debts incurred during the marriage vary between states and largely depend on the type of debt incurred. CO is a separate property state (not a community property state) which means that you are not legally responsible for your husband's debts unless you signed for them.
The rules for determining which spouse is responsible for what debts incurred during the marriage vary between states and largely depend on the type of debt incurred. CO is a separate property state (not a community property state) which means that you are not legally responsible for your husband's debts unless you signed for them.
Q: My sister (located in virginia) has been served papers by our father suing her for $7,000 he gave her as a gift for a
John Hyland Barrett III's answer
She should be sure to respond to the court papers in order to dispute the claim. Without any paperwork, it will come down to testimony presented in court by her and any witnesses. The court can find it was a gift if that is what the judge thinks after hearing all the evidence.
She should be sure to respond to the court papers in order to dispute the claim. Without any paperwork, it will come down to testimony presented in court by her and any witnesses. The court can find it was a gift if that is what the judge thinks after hearing all the evidence.
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
1 Answer
| Asked
in
Civil Litigation, Collections and Consumer Law
for
Colorado
on
Answered on Sep 8, 2017
Answered on Sep 8, 2017
Tristan Kenyon Schultz's answer
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.
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.
Q: My father and I own a motorcycle and vehicle together if he gets sued do I lose the property? How does that work?
1 Answer
| Asked
in
Family Law, Collections and Consumer Law
for
Colorado
on
Answered on Aug 3, 2017
Answered on Aug 3, 2017
Tristan Kenyon Schultz's answer
If you are both on title, then you and your father are co-owners. The motorcycle can be included as property for both your and your father (i.e. it is a potential assets in a lawsuit). If judgment includes the bike (meaning that no other assets can meet the payment required by a successful lawsuit judgment--which is not automatically granted), two things can happen. One (the lease likely), the 3rd party can assume your father's portion of the bike and you can share the bike with the new party....
If you are both on title, then you and your father are co-owners. The motorcycle can be included as property for both your and your father (i.e. it is a potential assets in a lawsuit). If judgment includes the bike (meaning that no other assets can meet the payment required by a successful lawsuit judgment--which is not automatically granted), two things can happen. One (the lease likely), the 3rd party can assume your father's portion of the bike and you can share the bike with the new party....
Q: What rights do I have to take inventory of Mary Kay product that I payed for that was intended to be used another.
Tristan Kenyon Schultz's answer
Absent a written agreement there is no definite course of action for either party. A lot turns on the specifics of the situation. For this you will need to pay a lawyer for their opinion.
Absent a written agreement there is no definite course of action for either party. A lot turns on the specifics of the situation. For this you will need to pay a lawyer for their opinion.
Q: Can a lawyer call you on your personal phone and at work to collect a personal debt owed to his friend?
1 Answer
| Asked
in
Business Law, Collections and Personal Injury
for
Colorado
on
Answered on Jun 8, 2017
Answered on Jun 8, 2017
Q: If I cannot afford to pay my rent, would my credit score be affected even though I have a co-signer?
1 Answer
| Asked
in
Consumer Law, Contracts, Collections and Landlord - Tenant
for
Colorado
on
Answered on May 18, 2017
Answered on May 18, 2017
Tristan Kenyon Schultz's answer
Any non-payment (when reported) will negatively impact your credit score, just like any payment on time will beneficially impact your score. If the rent is paid (it does not matter who paid it) there should be nothing to report. If there is a non-payment, this can be reported. It is a wholly different issue whether a landlord chooses to report the default.
Any non-payment (when reported) will negatively impact your credit score, just like any payment on time will beneficially impact your score. If the rent is paid (it does not matter who paid it) there should be nothing to report. If there is a non-payment, this can be reported. It is a wholly different issue whether a landlord chooses to report the default.
Q: My neighbor was served my court summons instead of me. Can my case get thrown out because of this?
Tristan Kenyon Schultz's answer
There is a defect in service, however you clearly were notified despite the incorrect personal service. As a result, there is no definitive answer. A lot will depend on the judge and the actions of the two parties.
There is a defect in service, however you clearly were notified despite the incorrect personal service. As a result, there is no definitive answer. A lot will depend on the judge and the actions of the two parties.
Q: The company didn't pay return shipping cost for wrong item shipped. UPS held me responsible for the bill as a shipper
1 Answer
| Asked
in
Business Law, Collections, Lemon Law and Consumer Law
for
Colorado
on
Answered on Apr 4, 2017
Answered on Apr 4, 2017
Tristan Kenyon Schultz's answer
You may have grounds for a case. You should continue to try to seek an agreement between you and the seller (not UPS), but if this does not work litigation is your best choice. You likely qualify for small claims court. You may need an attorney for assistance, but you are not required to have an attorney.
You may have grounds for a case. You should continue to try to seek an agreement between you and the seller (not UPS), but if this does not work litigation is your best choice. You likely qualify for small claims court. You may need an attorney for assistance, but you are not required to have an attorney.
Q: If me and my former roommate have a collections account open on the money owed to an apartment and i pay my half can i
Tristan Kenyon Schultz's answer
Review the documents that created the account. For most roommate situations, all parties listed on the lease agreement are jointly and separately liable for all the required payment(s). In other words, you may be required to pay the full 100% of the deficiency to the landlord. If this occurs, you can seek legal action against your former roommate for their unpaid portion (50%?). That is, it is the responsibility of the roommate(s) to ensure the proper allocation of unpaid rent; the landlord is...
Review the documents that created the account. For most roommate situations, all parties listed on the lease agreement are jointly and separately liable for all the required payment(s). In other words, you may be required to pay the full 100% of the deficiency to the landlord. If this occurs, you can seek legal action against your former roommate for their unpaid portion (50%?). That is, it is the responsibility of the roommate(s) to ensure the proper allocation of unpaid rent; the landlord is...
Q: Can I collect fees associated with my small claim against a person I contracted for and will not pay documented amount?
1 Answer
| Asked
in
Civil Litigation, Collections and Small Claims
for
Colorado
on
Answered on Feb 19, 2017
Answered on Feb 19, 2017
Tristan Kenyon Schultz's answer
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 delivered the package. Lastly, to make the text messages are admissible, take pictures or screen dumps of the text message(s)--the court will not look at your phone or tablet.
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 delivered the package. Lastly, to make the text messages are admissible, take pictures or screen dumps of the text message(s)--the court will not look at your phone or tablet.
Q: I got a 1099 for a settlement i didn't get!! How do i look in to thid to find out what's going on?
Tristan Kenyon Schultz's answer
The 1099 should list the person/entity that submitted the 1099. Contact them to see if there was a clerical error. If there is an assertion that no error was made (and you can prove that you did not receive this compensation), you can file an appeal with the IRS or file a return expecting an audit (audits are not bad if the facts support your claims). You may want to contact a tax attorney (an accountant is also a less desirable, but cheaper, option).
The 1099 should list the person/entity that submitted the 1099. Contact them to see if there was a clerical error. If there is an assertion that no error was made (and you can prove that you did not receive this compensation), you can file an appeal with the IRS or file a return expecting an audit (audits are not bad if the facts support your claims). You may want to contact a tax attorney (an accountant is also a less desirable, but cheaper, option).
Q: I'm being garnished for a debt I don't even know if I owe from 24 years ago. How can I get ANY info on original incident
Tristan Kenyon Schultz's answer
Lenders can make mistakes, but if there are court orders there is a better likelihood that there is some merit to the lender's claim. Bankruptcy is an option. You will need to contact a bankruptcy attorney for a full review of your situation (also mention the vagueness of the debt). Unrelated, it seems very strange to me that you did not receive notification of the debt when the courts became involved. While notice via publication is possible, a defect in notification (that can be proven)...
Lenders can make mistakes, but if there are court orders there is a better likelihood that there is some merit to the lender's claim. Bankruptcy is an option. You will need to contact a bankruptcy attorney for a full review of your situation (also mention the vagueness of the debt). Unrelated, it seems very strange to me that you did not receive notification of the debt when the courts became involved. While notice via publication is possible, a defect in notification (that can be proven)...
Q: Someone told our friend from a credit union it was a serious crime to not park the car she is financing at her address
Tristan Kenyon Schultz's answer
What?! Provided that the person is current on the loan or lease on the car, it can be parked anywhere she chooses. Some loan agreements have clauses that may restrict hiding a car or leaving the listed address if payments are not current. These types of clauses are wholly civil matters and carry no criminal penalties. I am not aware of any criminal rules of any type relating to parking of vehicles beyond the standard road safety rules (i.e. you cannot park in the middle of I-25).
If...
What?! Provided that the person is current on the loan or lease on the car, it can be parked anywhere she chooses. Some loan agreements have clauses that may restrict hiding a car or leaving the listed address if payments are not current. These types of clauses are wholly civil matters and carry no criminal penalties. I am not aware of any criminal rules of any type relating to parking of vehicles beyond the standard road safety rules (i.e. you cannot park in the middle of I-25).
If...
Q: Are there special rules (in Colorado) governing the collection of debts that are a result of criminal fines?
Tristan Kenyon Schultz's answer
Yes and no. Civil fines and criminal fines/restitution are found in different code sections (criminal fines are found in the criminal code). Both systems operate the same manner and have similar collection procedures and penalties for non-payment. Criminal fines (unlike civil) can impact other criminal matters (e.g. parole, expungment, etc.). As a result, nonpayment of criminal fines can indirectly result in jail time (not for the non-payment directly, but for the revocation of parole or...
Yes and no. Civil fines and criminal fines/restitution are found in different code sections (criminal fines are found in the criminal code). Both systems operate the same manner and have similar collection procedures and penalties for non-payment. Criminal fines (unlike civil) can impact other criminal matters (e.g. parole, expungment, etc.). As a result, nonpayment of criminal fines can indirectly result in jail time (not for the non-payment directly, but for the revocation of parole or...
Q: Hi, I live in Colorado. A collection agency put a lein on my home 6/2014, for the total amout of my debt $3,150
Tristan Kenyon Schultz's answer
Without looking at all the materials and facts of the case I cannot provide a definitive answer, but it is generally legal in Colorado to charge cost and interest on unpaid debts. I am not sure if "regularly" means that you are current on the debt (from you facts I think you are not, but I am not sure...). If you paid regularly, but had not paid off the deficiency in a manner the creditor/collection agency found acceptable it is legal to seek another judgment against you.
Without looking at all the materials and facts of the case I cannot provide a definitive answer, but it is generally legal in Colorado to charge cost and interest on unpaid debts. I am not sure if "regularly" means that you are current on the debt (from you facts I think you are not, but I am not sure...). If you paid regularly, but had not paid off the deficiency in a manner the creditor/collection agency found acceptable it is legal to seek another judgment against you.
Q: I was hurt on the job back in 2012. The court ordered my employer to pay but didn't. Now my paychecks are garnished.
1 Answer
| Asked
in
Employment Law, Collections and Workers' Compensation
for
Colorado
on
Answered on Sep 14, 2016
Answered on Sep 14, 2016
Tristan Kenyon Schultz's answer
I do not understand how you, as the injured party, have your wages garnished... If the garnishment occurred due to unrelated matters, the best advice is to contact an attorney you can handle both the garnishment and the unpaid disability pay.
I do not understand how you, as the injured party, have your wages garnished... If the garnishment occurred due to unrelated matters, the best advice is to contact an attorney you can handle both the garnishment and the unpaid disability pay.
Q: A company is calling all my family saying I am being sued and they need to find me is this legal
Tristan Kenyon Schultz's answer
Collection agencies often skirt the law. In most states, they can lawfully contact relatives and sometimes neighbors/employers. Lawyers are different because they are restrained in some collection tactics, but they can easily file a lawsuit to collect. There can be legitimate reasons to contact relatives/neighbors if the lawyer cannot get in contact with you. Since I don't know all the things said by the person on the phone I cannot comment about whether the disclosure of information is lawful...
Collection agencies often skirt the law. In most states, they can lawfully contact relatives and sometimes neighbors/employers. Lawyers are different because they are restrained in some collection tactics, but they can easily file a lawsuit to collect. There can be legitimate reasons to contact relatives/neighbors if the lawyer cannot get in contact with you. Since I don't know all the things said by the person on the phone I cannot comment about whether the disclosure of information is lawful...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
