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Colorado Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Banking and Civil Rights for Colorado on
Q: Is a non legal guardian allow to open my child’s mail?

A letter was sent to my house about my son’s credit and inquiries. I had him on a credit card as an authorized user which is no longer active. My grandmother open the mail and got concerned because she made him a savings account with a local bank I don’t even have access to and she’s worried... View More

James L. Arrasmith
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answered on Feb 5, 2024

No, it is generally not legal for a non-legal guardian to open mail addressed to a minor if they are not the minor's parent or legal guardian. Here are some key points that apply:

- Federal law prohibits the obstruction of mail, which includes opening, destroying, hiding, or stealing...
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1 Answer | Asked in Consumer Law and Real Estate Law for Colorado on
Q: I had a valid quitclaim deed a was properly recorded would that have impact on 4closure if it wasn't acknowledged
Michael Joseph Larranaga
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answered on Feb 5, 2024

Based on your statement, probably not. You stated that the deed is valid.

For real estate transactions in Colorado, a writing and signature is required. The notary creates a presumption that the signature is valid. Hence, the signature is the important part. The notary is important if...
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1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: We bought a mattress set from a mattress store, they when through credit to make payments, now they say we owe...

...the remainder before delivery, even though we set it up for payments. So we asked for our 2k that we put down back, and they said no, they get to keep it because they had to order the bed, there is nothing in the paper work that says they can do that. What can we do to get our money back.

James L. Arrasmith
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answered on Jan 18, 2024

In this situation, the first step is to review all paperwork and agreements related to the purchase and financing of the mattress set. Look for any terms about down payments, cancellations, refunds, and delivery conditions. Understanding the exact terms of your agreement is crucial.

If the...
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1 Answer | Asked in Civil Litigation and Consumer Law for Colorado on
Q: My friend pawned his truck in Co and they gave him counterfeit money theyre refusing to deal w it. he called cops

The cops are investigating what else can he do? The pawn contract is binding legal agreement.

James L. Arrasmith
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answered on Jan 9, 2024

If your friend received counterfeit money from a pawn shop in Colorado, he has already taken a crucial step by involving the police. Their investigation is important for addressing potential criminal activity. In addition to this, there are a few more steps he can take.

He should consider...
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1 Answer | Asked in Consumer Law for Colorado on
Q: Crime for package being sent but card declined?

Is it a crime if I ordered something on a website but my card didn't go through and the package was still delivered? For backstory I was placing an order for holiday gifts and the company shipped the items but my card declined due to my rent and other bills pulling out. I don't know what... View More

Tim Akpinar
Tim Akpinar
answered on Dec 10, 2023

A Colorado attorney should advise, but your question remains open for two weeks. It does not sound like a crime, because you did not expect the package - which seems to have been delivered as an oversight, and what you describe does not appear to be an intent to deceive or defraud the merchant, but... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Colorado on
Q: My engine was stolen by my mechanic. Car no longer runs replacement engine ran for 50 miles blew head gasket now what?

I have proof that it's different engine my engine was video taped by car dealership 2 days prior when getting oil change. It's an engine that is not compatible with my car. My mechanic denies it but the evidence is overwhelming I contacted the police 2 days ago and they decided it was a... View More

James L. Arrasmith
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answered on Nov 25, 2023

In your situation, where you believe your mechanic stole your engine and replaced it with an incompatible one, it's understandable to be frustrated, especially since the police have deemed it a civil matter. The distinction between civil and criminal matters can sometimes be nuanced. In this... View More

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: I have a storage in colorado. The owner hired other tenants to move and clean it out after I was 1 day over my move out

He didn't not file an lien. He is charging me 500 for tbe labor also he allowed them to enter my other storage to put items out of the first storage. With out my consent or knowledge.

James L. Arrasmith
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answered on Nov 24, 2023

It's important to review the terms of your storage unit rental agreement to understand your rights and the owner's obligations in this situation. Storage facility agreements usually outline procedures for late move-outs, fees, and handling of items left in the unit.

If the owner...
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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: I need to know if the owner of my storage unit can charge me 500.00 for having other tenets clean out my storage after

I was 1 day over my move out day. He allowed them to access my other storage to put some of my items in it.

James L. Arrasmith
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answered on Nov 24, 2023

In Colorado, the rules regarding storage unit fees and access are typically governed by the lease agreement you signed with the storage facility. It's crucial to review this agreement to understand your rights and the owner's rights in situations like being overdue on moving out.... View More

1 Answer | Asked in Animal / Dog Law, Banking, Collections and Consumer Law for Colorado on
Q: Will a debt collection agency repossess my dog? how can I prevent that?

I fell behind on payments after losing my job.

The payments were towards a leasing agreement for a dog I purchased over a year ago. The amount on the lease was already much higher than the price that was listed on the dog but I didn't find out until after I signed the leasing... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Colorado, the legality of repossessing a pet under a lease agreement can be a complex issue. Typically, pets are considered personal property, but repossession of an animal raises ethical and legal questions that are distinct from repossessing inanimate objects. If your lease agreement... View More

1 Answer | Asked in Consumer Law and Health Care Law for Colorado on
Q: Can a Dr office charge you more money for your bill after you have paid it in full?

Was seen at an urgent care, paid cash for my bill, & no insurance was charged.

Dr office is now saying they made an error in billing & that I owe more money. I asked for an itemized bill & they are double charging me for an injection fee.

Is this something they can do?

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2023

A Colorado attorney could advise best, but your question remains open for a week. Until you have the chance to consult with a local attorney to look at the claim under state-specific laws, generally speaking it could depend the plan, the time period, applicable fee schedules for the procedure,... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Real Estate Law for Colorado on
Q: I'm the successor in interest for an inherited house. Can the mortgage lender charge me a fee for assuming the mortgage?

I inherited my house from my mother when she passed away in 2017. I repeatedly attempted to assume the mortgage and get my name placed on the mortgage, but was repeatedly told I couldn't do so without undergoing a financial ability to pay. At the time, due to my student loans I wouldn't... View More

James L. Arrasmith
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answered on Nov 5, 2023

Yes, typically a credit union or other lending institution may require your name to be on the first mortgage to secure a home equity line of credit (HELOC). This is because they need to ascertain their position in the event of default.

Regarding the assumption fee, mortgage lenders are...
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2 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for Colorado on
Q: I purchased a home in march 2023. There are so many problems with it. Cracked and crumbling foundation, plumbing and

Electrical issues just to begin with. Seller did not disclose any of this to us. Inspection was done but inspector did not bring this to our attention. What kind of lawyer am I looking for, for this type of matter and would i use the same lawyer against both the seller and inspector?

Michael Joseph Larranaga
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answered on Sep 28, 2023

I agree that you need a real estate attorney familiar with litigation work. In short, you have a potential breach of contract, fraud, and failure to disclose type issue. As to the prior homeowner, knowledge is normally key to those issues. IE, did they know? The home inspector’s lapse is a more... View More

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2 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for Colorado on
Q: I purchased a home in march 2023. There are so many problems with it. Cracked and crumbling foundation, plumbing and

Electrical issues just to begin with. Seller did not disclose any of this to us. Inspection was done but inspector did not bring this to our attention. What kind of lawyer am I looking for, for this type of matter and would i use the same lawyer against both the seller and inspector?

James A. Greer
James A. Greer
answered on Sep 27, 2023

Dear FAILURE TO DISCLOSE claimant: The type of lawyer you need is a real estate and construction experienced lawyer. And, no, you shouldn't expect to have to hire separate counsel for your claim of (1) Failure to Disclose, and (2) Negligent Inspection. I am hopeful that you have a standard... View More

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3 Answers | Asked in Consumer Law, Civil Litigation and Contracts for Colorado on
Q: prepaid dance lessons for my daughter. She has decided not to use this studio. The dance studio is refusing refund.

Studio is stating that prepaid money cannot be refunded only applied to lessons. Is there legal standing to demand a refund?

T. Augustus Claus
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answered on Sep 14, 2023

In Colorado, your ability to demand a refund for prepaid dance lessons largely depends on the terms and conditions stipulated in the contract or agreement you entered into with the dance studio. It is essential to carefully review the contract, paying particular attention to provisions related to... View More

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3 Answers | Asked in Consumer Law, Civil Litigation and Contracts for Colorado on
Q: prepaid dance lessons for my daughter. She has decided not to use this studio. The dance studio is refusing refund.

Studio is stating that prepaid money cannot be refunded only applied to lessons. Is there legal standing to demand a refund?

Michael Joseph Larranaga
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answered on Sep 15, 2023

I agree that it all depends on the contract. In addition, it depends on how those funds are classified which again will be affected by the contract. Did you buy vouchers, is it a prepayment for services, or other?

Depending on the school, you may also consider talking to the other parents...
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1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: Do I have a case to sue a landscaper at fault grade and drainage alteration?

A storm came through in April and flooded around our window wells sending water into our basement damaging areas of two rooms. Builder said landscaper trapped water up against the house with a concrete walkway that didn’t have a drain. A consulting company came and reshot the grade and determined... View More

Kammie Cuneo
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Kammie Cuneo
answered on Aug 15, 2023

The decision to engage in litigation should be economically rational. From the explanation above, it appears that the damage resulting from the original landscaping contractor's has been assessed at about $11,000 (the cost of fixing the errors). It is unclear whether there is a fee shifting... View More

1 Answer | Asked in Consumer Law and Construction Law for Colorado on
Q: Hello I hired a contractor to demolish a trailer and haul it to the landfill about 1 year and 8 months ago.

He charged me $3,000 and asked for cash I paid it. Then I hired him to install a water line he asked for $5,000 down out of the $8k bid to install. it took him 1yr 8mo to finish I assumed I only owe him $3k but he just sent me an invoice asking for $6k more for the water line and $3k more for the... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You spent $8,000 with a contractor on a verbal agreement? It's worth the paper it is written upon. You should contact your state contractor licensing board, because they may have requirements that contracts over a certain amount are required to be in writing, if the contractor failed to do... View More

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

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: If I signed a lease w a private owner landlord of a condo, whom I've dealt with for all issues that arise,and whom

I've paid Rent to, hires a new realtor/management company 6 months into the year lease. I owe no obligation to the new realtor, because I never entered into a new contract w them?

Michael Joseph Larranaga
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answered on Nov 9, 2022

That depends on the contract. Typically your duty is to the property owner but they have the option of hiring a property manager to act as their agent. If you are asking then that means there is a potential problem. You should contact an attorney to help you work through it.

Please be...
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1 Answer | Asked in Consumer Law, Personal Injury and Municipal Law for Colorado on
Q: Yellow water, has a bad smell and when taking a shower causes stinging. Is this normal for colorado springs water?
Tim Akpinar
Tim Akpinar
answered on Oct 20, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. It doesn't sound normal. Shower water isn't supposed to sting. There are law firms that handle toxic tort matters (these are cases that deal with exposure to toxic or hazardous substances). But the first... View More

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