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Colorado Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Foreclosure for Colorado on
Q: My home went into foreclosure in 2006, 5/6 years later some law firm contacted me on behalf of PMI, threatening suit.

Out of fear and lack of knowledge I made a few payments for the defaulted insurance. Then, due to my circumstances, the attorneys stated they would reevaluate the claim. They never contacted me again. Now, another 4 years later a new firm is representing PMI and making same threats.

What... View More

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

Already answered in private email communication.

1 Answer | Asked in Collections and Consumer Law for Colorado on
Q: Is legal for a garnishment company to share my information with other collection agents they work with?

I had my wages garnished over a medical bills from 18 months ago. After I paid the debt off I found I was being garnished again over a car loan from 2005. I have a feeling the garnishment company alerted these people as the loan was very old and had dropped off my credit bureau.

I had... View More

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

You should contact a lawyer. Some information can be shared; sometime debt collectors simply review recent court filings (open to the public).

1 Answer | Asked in Consumer Law for Colorado on
Q: In short words, finance company towed my truck and now it won't drive. I need an attorney please
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 4, 2016

This part of Justia is for answering legal questions. If you want to find a lawyer you can use: the "Find a Lawyer" (top left) on Justia, Avvo, Colorado Bar Association and County Bar Association lists ( link: http://www.intotolegal.com/information_links/information_links.htm), and/or... View More

1 Answer | Asked in Health Care Law and Consumer Law for Colorado on
Q: Dental Insurance - Are there any remedies for work done before the waiting period?

Husband had dental work done prior to his 6 month waiting period. No one at the office had told him that he had this waiting period (understandably, we have the duty to read all fine print). However, I went to my own dentist and they notified me immediately of my waiting period and wouldnt... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 3, 2016

From your facts is appears that your dental insurance company provided adequate notice to you and applicable dentists, so you likely do not have a claim against the insurance company. Turning to your husband's dentist, your situation is not a clear-cut case. Unless the dental agreement states... View More

1 Answer | Asked in Collections, Health Care Law and Consumer Law for Colorado on
Q: Had to take an ambulance ride. The ambulance company did not file the claim to the insurance company in their allotted

time frame so they say they will not pay. Now the ambulance company is expecting me to pay out of pocket. Am I responsible for this bill since it is their fault for not filing the claim in time?

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

I' handling a similar matter like this today. There is not a clear rule on this matter and it partly depends on your insurance. As a general rule, your insurance carrier requires the ambulance company (like all medical billers) to follow certain procedures. If the biller (the ambulance... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Colorado on
Q: If a buyer checks the conventional loan box on an offer and proceeds with an FHA. Seller lost offers what recourse

Do the Sellers have? They can't accept FHA on uncertified community. They now lost contract on their new home because their down payment was from the proceeds of a contract from an intentionally lying Buyer. The Buyer was told only CONV offers would be accepted.

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

Review the offer, but normally you as the seller gets to keep the earnest money (aka money down). You may need a lawyer to review the documents.

1 Answer | Asked in Consumer Law for Colorado on
Q: Legally can I have dept on a vehicle that doesn't exist. Can the repo my car if the vin isn't what is on the agreement

Can I be penalized still even though the paperwork isn't correct. If all documentation both parties have about the agreement have the wrong vin then wouldn't that mean in order for them to legally pursue me or my vehicle with the correct vin they would then need to draw up a new contract... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 21, 2015

If the paperwork is incorrect, you cannot get permanent title to the vehicle. If you and the seller work to correct the mistake there should be no problem. If you decide not to pay, you can be changed with theft and, the civil equivalent, conversion.

1 Answer | Asked in Consumer Law for Colorado on
Q: purchase agreement/contract and paperwork I have has vin that doesn't match car or titles vin. Is contract valid still

The vin is incorrect on all the paperwork that the finance company and I have. the original title and vehicle have the same vin but they don't match the contract. Does that mean the contract is void.?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 21, 2015

It depends. Clearly an error (legal mistake occurred). You must inform the seller of the defect and provide them with a reasonable period to cure the defect. If they can, the contact is valid. If they cannot, the contact is void. If you have a problem with the seller, you may want to contact an... View More

1 Answer | Asked in Consumer Law for Colorado on
Q: What's the Colorado law that says I only need to get 1 estimate and can take a vehicle to a body shop of my choice
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 19, 2015

I am not aware of any Colorado law about the number of estimates or choice of repair shop. This should be covered under your auto insurance agreement (you probably can find it online).

1 Answer | Asked in Consumer Law for Colorado on
Q: Traded in a vehicle, dealership did not payoff loan, got reported 30 days past due. Can i collect damages

The old loan was due, but the dealership told me they collected most current payoff information and that would be taken care of. Traded on the 8th of December, and was reported 30 days past due on the 12th. I have not been reported for a 30 day past due payment on my credit, and this really... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 16, 2015

What a nightmare. Review the trade-in documents. Did the dealer assume servicing of the debt (it sounds like the salesperson orally agreed). You probably have a cause of action against the dealer. You will need to talk to a lawyer to review the specifics of your case (most offer free consultations).

1 Answer | Asked in Consumer Law for Colorado on
Q: Is it against the law the finance/sell a vehicle from a used dealership without having a properly signed title?

To finance/sell*

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 12, 2015

It depends on the nature of the defect in the title. If you do not have valid ownership or the vehicle (a listing on title or a properly signed bill of sale with proof of payment), you cannot legally sell the car (this is fraud). If the defect is a simple clerical error (i.e. a valid sale occurred,... View More

1 Answer | Asked in Consumer Law for Colorado on
Q: How long should it take the bank to send you your title after buying back your repossessed car?

It's been over a month since we bought our truck back from being repossessed. We've called the bank (WellsFargo) several times to get our title because they threw out the licenses plate when they repo the truck. The first time we called the bank they said we still owed money and we had... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 3, 2015

There is no fixed date at which a bank must return title, however, waiting a month sounds unreasonable. My advice is to (1) contact Wells Fargo one more time and (2) contact the CO DMV to get duplicate title (link: https://www.colorado.gov/pacific/dmv/duplicate-title). The request should light a... View More

1 Answer | Asked in Consumer Law and Education Law for Colorado on
Q: Are student loan forgiveness organizations legitimate?

I recently signed on with AFBC - a student loan forgiveness group (that is BBB certified with 1 review on BBB). They claim that they use lawyers to work through new student loan legislation in order to have mine forgiven after 10 years. However, I am worried that after 10 years my loans WON'T... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 14, 2015

These places are usually scams. For government loans there a very, very limited number of way to forgive some debt (the biggest being serving on active duty in a war zone)--there is NO 10 year rule that triggers forgiveness. Private loans never forgive debt. Bankruptcy only allows debt elimination... View More

1 Answer | Asked in Consumer Law for Colorado on
Q: If I cashed a check for a friend and I took out the amount of the check out of my account and the check bounced later.

He doesnt want to pay, is there anything legally I can do to get paid back? The check was made to his name.

Adam Studnicki
Adam Studnicki
answered on Jul 18, 2015

You can sue him. It may be a matter for small claims court.

1 Answer | Asked in Consumer Law for Colorado on
Q: Can this moving and storage company make me pay the full amount for a move that didn't happen and keep my stuff because
Adam Studnicki
Adam Studnicki
answered on Jul 18, 2015

Your question got cut off. Ask a Colorado consumer protection or contracts lawyer to review the agreement and advise.

1 Answer | Asked in Consumer Law for Colorado on
Q: How do I reply to a court summons, and/or do I need to if I am setting up a payment plan with the attorney suing me?

The debt is for $2000.00. If it came to a default judgement, which I am trying to avoid, could they go after my spouses assets? I own nothing, his name is on the house, cars, etc.

Charles Snyderman
Charles Snyderman
answered on May 3, 2014

If you fail to respond to a summons and complaint, a default judgment can be obtained against you. If you are negotiating a payment plan with an attorney, see if the attorney will give you an extension of tome for your response until the repayment agreement has been finalized. When that occurs, the... View More

1 Answer | Asked in Consumer Law for Colorado on
Q: Someone i purchased a car from claims they left cash in it. what are my rights?

I purchased a car from a lady who claims she left the CASH i payed her in the car and she wants it back. the only problem is its not there. i didnt find it.

Ryan P. Sullivan
Ryan P. Sullivan
answered on May 13, 2011

If you did not find cash in the car, then they will have to bring suit against you to recover the cash they claim, and prove that they left it in the car. If you did find cash in the car, then you may be obligated to return it - it will depend on whether there was an implied agreement as to... View More

1 Answer | Asked in Consumer Law for Colorado on
Q: If I move to a state that allows wage garnishment for debts, can I be made to pay old debts that are against my credit?
Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Dec 2, 2010

That depends. Say you move from Texas to Colorado. There are judgments against you in texas. The creditor could seek to have the Texas judgment "domesticated" , that is, turned into a Colorado judgment. They have to apply to a Colorado court fo rthis and you should get notice of it.... View More

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