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Colorado Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for Colorado on
Q: I recently went to a drive-thru restaurant with my family. I ordered and went to the window to pay.

At the window I gave money to cashier. The cashier/manager took the money and did not place it in drawer. He then said that he was not going to give us the food and was not going to give us our money back. He then claimed that the money was fake and told us to leave. This cashier then proceeded to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 21, 2017

You may well have a possible defamation or similar case, so I'd suggest you contact a member of the Colorado Assn for Justice--they give free consults.

2 Answers | Asked in Personal Injury and Consumer Law for Colorado on
Q: Do I have to send my hospital bills to the insurance company or is it their. Responsibilitie to find them?

The insurance person says i have to send them my bills,shouldnt they have to do this on their own,they are the liable one right? I was injured by the driver of a van company hired to bring me to the doctor. He rammed my leg into he backseat of the van while loading me in,causeing a silverdollar... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 15, 2017

Since it sounds like the insurance company is not your health insurance company, you will need to send the bills (or copies) to the driver's insurance company. This is because the driver's insurance company does not have access to your medical records. You are not required to send the bills to the... Read more »

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1 Answer | Asked in Consumer Law and Traffic Tickets for Colorado on
Q: Can a insurance company put a claim against my license and for my license to be suspended? If so how do I get it back
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 10, 2017

Contact the CO DMV to see what was the cause for the license suspension. First you must clear the cause of the suspension. There is usually a wait time and you have to take the written test (and occasionally the driving test) again.

1 Answer | Asked in Small Claims and Consumer Law for Colorado on
Q: I cosigned on an auto loan for x boyfriend with my name on title back in April of 2016. Can I take him to court?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 6, 2017

I assume this is for payment. If it is, yes you can. Similarly if wish to cease co-ownership (which may not exist if you are the sole party listed on title) via a forced sale, this is also likely an option.

1 Answer | Asked in Business Law, Collections, Lemon Law and Consumer Law for Colorado on
Q: The company didn't pay return shipping cost for wrong item shipped. UPS held me responsible for the bill as a shipper

The company shipped to me freight delivery that I never have bought from them. After long dialog with different departments of this company I received promises from Claims Department to resolve this problem and they are working on it. They are ordered pickup of their merchandise. But they did not... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 4, 2017

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... Read more »

1 Answer | Asked in Consumer Law for Colorado on
Q: motorcycle stolen and the insurance company has asked for permission to pull my credit.

I recently had a motorcycle stolen and the insurance company has asked for permission to pull my credit. It has nothing to do with the theift as I can see. Am I required to?

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

Review the insurance agreement for guidance. Even if you are not required, refusal may result in a more though review of your claim (read: delay). That said, if the agreement does not require disclosure, it is your choice.

1 Answer | Asked in Consumer Law, Small Claims and Real Estate Law for Colorado on
Q: I recently closed on a condo, which I financed with a CHFA loan. A few days ago an electrician came over and informed

me that I have a Federal Pacific circuit breaker panel with Stab-Lok circuit breakers, which are faulty and a fire hazard. FP was the subject of a class action lawsuit in NJ I discovered and are considered faulty. The electrician also informed me no homeowners insurance policy would cover damage... Read more »

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

You may, but you will need to contact a lawyer directly to see for certain. Only a lawyer (on a private basis) can evaluate the merits of your case and provide guidance.

1 Answer | Asked in Consumer Law and Criminal Law for Colorado on
Q: Can someone who co-owned a motorcycle put a lock on it where the other person can't take it
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 30, 2017

If only one person can open the lock and there is not a pre-arrange usage agreement when the vehicle is exchanged, the lock arguably unreasonably restricts the possessory right of the other owner. That said, the totality of the circumstances define whether the restraint is unreasonable or not.

1 Answer | Asked in Civil Rights and Consumer Law for Colorado on
Q: If a motorcycle is jointly in my name and I'm riding it can I store it where I want to?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 29, 2017

Within reason you can, but you cannot unreasonably restrict access to the vehicle to the co-owner(s). If you have an agreement with the co-owner(s), you should follow the terms of the agreement.

1 Answer | Asked in Business Law and Consumer Law for Colorado on
Q: Can I sue the Solar panel Company?

Hi, I recently got solar panels last year that is going to cost $24,360, at the end of the year they will give are me an invoice, which they did, then when i go and do my tax\ I am suppose to receive 30%. But when I went to go do my tax I owed tax so I didn't get any money back but did save $2000... Read more »

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

You can contact an attorney directly to review the specifics of the agreement you signed. I would assume that the solar panel company disclaimed any assertions for a specific savings related to the install, but you never know. The phone recording may be material, but oral statements are usually... Read more »

1 Answer | Asked in Consumer Law for Colorado on
Q: If I purchase a piece of software and my computer can't run it, can I make changes in my computer settings to run it?

The changes would only be made to settings on my current operating system not affiliated with the new software.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 24, 2017

Review the license agreement for the software. Most licenses discourage or prevent reverse engineering, decompiling, etc. If you are making changes to the OS, this is not an issue for the 3rd party software, but the OS license (i.e. Windows, Linux, Apple, etc.). As a general rule, if the OS lets... Read more »

1 Answer | Asked in Contracts, Consumer Law and Health Care Law for Colorado on
Q: Can they garish your wages for a hospital bill back in 2004

it is also out the state I live in

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

Each state has a statute of limitations on debts (Colorado is 6 years--most are less, but the highest is Kentucky with 15 years). That said, it is possible that even though a debt has passed the SoL, it can be revived by the debtor (usually by acknowledging the debt). There is another possibility,... Read more »

1 Answer | Asked in Consumer Law for Colorado on
Q: Can I sue car mechanic for giving me an excellent used car report and one day later there's a major repair needed, $480?

Before buying a used car from private seller, a Toyota Prius, I took it to Toyota dealership service for used car inspection. They said the car was in excellent condition with no problems at all. One day later I am driving and three warning lights come one. Took it back to the service department ,... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 15, 2017

You may have a claim against the dealership or the seller, but this turns on the purchase agreement and the scope of the car inspection. In other words, you will need to talk to a lawyer directly. The lawyer can review your materials and provide an accurate assessment of the merits of your case.

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... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Colorado on
Q: I live near Durango CO and want to file a small claims suit with a company in New York. How can I go about doing this?

Items shipped by UPS last October were damaged but, because I didn't save the huge box that took up 1/3 of living room, UPS denied the claim but gave me store owner's email and phone #. I have the email stream between him and me between October 2016 and January 3, 2017 where he promised to... Read more »

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

This relates to jurisdiction. Without getting into all the details, both Colorado and New York should have jurisdiction over the case. I assume for your convenience you would like to sue in Colorado. This is fine, but be aware that the company can raise a jurisdictional challenge (whether this will... Read more »

1 Answer | Asked in Consumer Law for Colorado on
Q: Can a company use my Credit Card (not debit) for a cash advance for payment (I never authorized) instead of credit?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 19, 2017

More facts are needed to provide an answer. If there was a contract review the contract for a discussion of prior authorization of charging your card.

1 Answer | Asked in Consumer Law for Colorado on
Q: Is there anything I can do?

Please help me understand what steps I need to take.

I pulled out a auto loan through wells fargo with my sister and had to sign a notarized agreement between us. I paid every month of payments directly to her account which I have statements of every deposit made to her account After that... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 15, 2017

I have bad news... If you are listed on the loan/lease agreement your sister and you are jointly and separately liable for the payment of the loan. That is, you were both obligated to pay 100% of the loan whether the other party did or did not pay. As a result a default and repo will impact both of... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Colorado on
Q: How can I find out if my petty theft charge can be sealed in Colorado?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 14, 2017

All crimes can be sealed in Colorado provided that certain conditions are met. Here is a link to sealing records: http://www.intotolegal.com/upcoming%20Events/Forms.html (select Judicial branch and then "Sealing Records"). If you meet the requirements, you can begin the process to seal your... Read more »

1 Answer | Asked in Stockbroker Fraud and Consumer Law for Colorado on
Q: Do I still have a fraud claim on odometer rollback after 4 years?

I bought a car from the dealer in 2012 with odometer 36xxx with the loan. In 2017 I cleared my loan and tried to sell my car. Meantime I checked the carfax which shows 100xxx potential odometer rollback done by the dealer.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 9, 2017

For most criminal felony fraud charges the statute of limitations is 3 years. Under some circumstances the SoL can be extended. For civil claims, the exact end date of the fraud could be argued as a continuing matter. Be aware a Carfax "potential" rollback flag does not prove that fraud did in fact... Read more »

1 Answer | Asked in Consumer Law and Collections for Colorado on
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

IE; the year occurred, who owed to, original amount owed, any $ pd towards already. They are planning on collecting close to $10000.00 from me for this "mystery debt" I supposedly occurred 24 YEARS ago (the lawyer has been going to court every 6 years on it, unbeknownst to me). I am a single mom... Read more »

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

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... Read more »

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