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Colorado Consumer Law Questions & Answers
1 Answer | Asked in Collections and Consumer Law for Colorado on
Q: Are there special rules (in Colorado) governing the collection of debts that are a result of criminal fines?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 1, 2017

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... View More

1 Answer | Asked in Consumer Law for Colorado on
Q: i put a car in my name for a friend she didnt make the payments, they repossessed it now i am stick with the debt

i was wondering if i could sue her what legal action would you recommend was even thinking of filling for bankruptcy

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 26, 2016

It sounds like you assigned the title, but did not transfer (or pay off the debt). If this is the case, you likely are liable for the debt--even if you do not own the car. Depending on the nature of the transfer you can sue the woman (this should be a two factor consideration--1st legal merits and... View More

1 Answer | Asked in Consumer Law, Contracts and Animal / Dog Law for Colorado on
Q: Paid in full for a puppy with receipt now breeder says they are keeping him

This can't been done right?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 25, 2016

If the item (the puppy) has been clearly identified, you have provided full payment, and all other conditions of the sale have been met by you, you have fully performed on an agreement with detrimental reliance. The agreement is locked; the breeder can seek your approval to void the agreement (i.e.... View More

1 Answer | Asked in Consumer Law for Colorado on
Q: The other day my fiance and I went to Ace Hardware. We walked towards the back of the store and was approached by one of

My fiance and I wen to Ace Hardware last Saturday. We were approached by an employee and was told we were no longer allowed in the store. I asked why not? He looked at me confused and stated he would double check on that.

Two days later, on Monday, we went back to Ace Hardware to find out... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 11, 2016

Since the store is private property, they have the right to restrict access to the store. If the store does not want you or your boyfriend to enter, it is advisable to accept their request.

1 Answer | Asked in Consumer Law and Business Law for Colorado on
Q: If a business says they're open until 7p, but locks their doors at 6:45p, is this False Advertising?

I'm a manager at a business, and due to legal restraints, we can not make sales after 7pm (mst). Therefor, in the interest of avoiding situations where in which we may be helping a guest and then have to cancel the sale simply because of the time-of-day.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 25, 2016

False advertising claims require the following elements (all must be meet for a legitimate claim): (1) false/misleading statements about a product; (2) deception (or tendency to substantially deceive); (3) the deception is material; (4) likelihood of injury to a party; and (5) interstate commerce... View More

1 Answer | Asked in Contracts and Consumer Law for Colorado on
Q: Can a company like Hollywood Body Laser make a person sign a contract for services and not have a cancellation period?

My wife was, in my opinion, railroaded into agreeing on $4,000 worth of body work at Hollywood Body Laser without consulting me first. We are in the middle of buying a new house and it would seriously hurt our chances of getting it adding on this debt. An HOUR later she tried to cancel and they... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 23, 2016

Contracts can be drafted to prevent a cancellation. If you feel that fraud/misrepresentation occurred, you can contact a lawyer to review your case.

1 Answer | Asked in Consumer Law for Colorado on
Q: After almost 3 years, the mob. home co. that I bought it from has not made promised ( in writing) repairs. What to do?

Contacted him a few times with a a response that he'd have his guys call me to finish. Then, attempted a couple times with no response.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 13, 2016

If you have reached an impasse the only option that I see is a lawsuit. Depending on the amount of required repairs, you case may qualify for small claims court (relaxed court procedures and typically the parties are not represented). For more creative claims (such as breach of warranty) you will... View More

1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: We have a car that our ex sister in law was going to sell us. She was going to get the title and we would then pay her.

She was evicted and we can't find her. She changed her phone # and is off social media. How can we get a title so we can drive the car?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 10, 2016

See my prior answer. If you have possession of the vehicle you are correct that you cannot drive/insure the vehicle until you have title (or consent from the sister-in-law). If you happen to know where the vehicle is registered you can contact the county office about receiving a duplicate title... View More

1 Answer | Asked in Consumer Law and Collections for Colorado on
Q: A company is calling all my family saying I am being sued and they need to find me is this legal

A company I assume is a collection agency but maybe a lawyers office has called several of my family members across the US saying it is urgent they get me because I am being sued in court for fraud. First can someone really tell my family or friends such personal information.? Also wouldn't I... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 10, 2016

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... View More

1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: We have a vehicle that we were going to purchase from an ex sister inlaw. She was going to get the title and then we

would pay her. We cannot locate her.

Is there a way we can get a title without her assistance?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 10, 2016

Assuming she is the person on the title, there is no way to force the sale unless a contract/bill of sale was signed by you and the sister-in-law. Even if a valid contract was signed, the only way to enforce specific performance (give the car for payment) would be a court order. Note, if she is not... View More

1 Answer | Asked in Consumer Law and Divorce for Colorado on
Q: Can I keep a life ins policy on my ex wife if she says i cannot?

I have had the policy since we were first married 23 years ago and want to keep it as one of the children is special needs and she got the house and I signed a quit claim deed.

The policy would go a long way towards paying the mortgage down in she passed.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 8, 2016

Generally speaking, you do not need consent to have a life insurance policy on a person provided that you solely pay for premium (it is theoretically possible to take out a policy on a total stranger that you have never met). Be aware that if you sign a separation agreement that agrees to not... View More

1 Answer | Asked in Collections and Consumer Law for Colorado on
Q: Can a finance company for a car loan come back later claiming they're still money owed back in 2010. Now 2016

They sent a letter thanking me for paying off the loan in full and signed title over.

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

The bank should have provided you with an explanation of how the error occurred and how much the claimed error is in dollars. If they provide documentation and are correct, you will have to pay the missed payment(s). However, you cannot be charged interest or penalties (unless there is evidence of... View More

2 Answers | Asked in Consumer Law and Landlord - Tenant for Colorado on
Q: I lived in an apartment for 2 years when I moved after 3 weeks they sent me an email saying I have to pay 1130 dollars

They also said that I have to pay the money in 2 days or else they will send it for collection. They are threatneing me. The carpet was in good condition. The management is looting the renters . In my case where should I file a complaint. Also they sent it for collection with 2-3 days notice?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 28, 2016

Without knowing all the facts I cannot make a definitive statement. However, 2 days notice (without any prior notice) is arguably unreasonably too short. As for reporting, there is not a state agency that oversees landlord tenant disputes directly. You can contact the Colorado Attorney... View More

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2 Answers | Asked in Consumer Law and Car Accidents for Colorado on
Q: in accident - got massage stated price was $110. Charged $300 to ins co. Can they legally do this?

We weren't at fault in accident. Ins co for at fault person tried to negotiate the price to $200/session, massage place refused. Ins co gave us settlement and said massage would come out of that. We have tried to negotiate but massage place won't budge. Nothing in their website or ppwk... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 19, 2016

Check the contract that you signed. If the charge is in excess of the stated price (and there are no exceptions), the increased charge does not make sense. You can challenge the charge, but the party can bring a collections lawsuit--you can defend the claim with the information that you provided.... View More

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1 Answer | Asked in Contracts and Consumer Law for Colorado on
Q: Is a 3-day cancellation policy required on Colorado service contracts?

I signed a dating service contract around 1:00 pm today and have since found a number of negative reviews about the company online. Unfortunately, I did that after signing, but something made me suspicious. Can I cancel it legally if I do it within 3 days.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 31, 2016

Check the "terms of service" or contract that you signed--this will define how termination/cancellation is covered. Colorado's 3 day cancellation law relates only to: (1) door-to-door solicitations; (2) telemarketing; and (3) mortgage loan offers. Even then, these cancellation rights... View More

1 Answer | Asked in Consumer Law for Colorado on
Q: Have 2 auto loans, paid one off, bank sent me (wrong) title, refuse to give me paid title until return of other title.

They want me to sign a power of attorney for the vehicle so they can put a lien on it. (which is fine) but can they legally hold a paid off title because of their mistake. i brought their mistake to their attention, have no problem just swapping title. its been 4 months and they wont give me... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 28, 2016

Unfortunately, mistakes with titles are not that uncommon. Usually, you just send the titles back (like you suggested). If the second loan is also with the same bank, this could explain the bank's requirement of a power of attorney (which by itself is an unusual request). Strictly speaking,... View More

1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: Drove in to diller, after $6,000.00 repair it won't start, diller ask for more $ to continue diagnostics

Drove in on freightliner semi, with electrical problem, after 2 hours of diagnostics they informed me i it is an electrical problem and they need 3 more hours to continue testing in 3 days they informed me that at this point it won't start, (though, I drove it in, and they're tech started... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 25, 2016

Hard to say from your facts. You will need to contact a lawyer to get specific advice.

1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: How do you repossess a camper trailer in el Paso county?

How do you repossess a camper trailer in el Paso county, that was originally intended for private sale, once the buying party has established residency at a trailer park? Reason of repossession being late payment

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 7, 2016

You will need to contact a lawyer. There are specific requirements for private party repossessions. A error or mistake can result in a criminal charges. I recommend that you contact a lawyer.

1 Answer | Asked in Consumer Law for Colorado on
Q: Can a repossession company charge a storage fee for me to get my personal belongings out of my car
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 3, 2016

As a general rule, the answer is yes you can be charged for the "cleaning" of the care. The repo company must return the items taken from the car to you.

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: Is it legal for my management company to sign a new contract with tenant and only notice to me was opt-out email?

I was sent an email from my management company stating they were going to renew the lease with the tenant with new rent amount if I did not respond within 48 hours My management contract states that terms must be approved by the owner, but none were included in the email other than it would be a... View More

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

The opt-out provision is a type of "adhesion contract". This is not standard practice for lease agreement. Depending on the circumstances the auto-renew is arguably unenforceable.

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