James Alan Greer's answer Dear Potential Eviction Client: While I endorse the efforts you are making to show the Owner that the Owner endorsed the payment, in the meantime if you are able to afford it I would strongly recommend you go ahead and expedite making the payment that is being demanded (a second time, in your viewpoint), but send it along with a cover correspondence outlining your entire legal position and that you are paying "under protest". Then later, if you can establish that owner endorsed/cashed your...
Kristina M. Bergsten's answer This is an interesting question with no clear answer. The only way the owner could collect money from you is if the owner sues you in court and wins. Since the dogs were not yours and you performed your agreed upon duties, I think you have a viable defense that the damage is not your responsibility.
Kristina M. Bergsten's answer Technically, animals are considered property in Colorado and the law on abandoned property is that the legal rights of the original owner are not severed until 5 years have passed. Obviously, that is a long time in the life of a dog. Shelters can sever ownership after 5 days. Given that you do not know who the owner is and the chip was canceled, it is conceivable that the original owner abandoned the dog, thus making the dog available to be claimed by anyone. Therefore, if you have made efforts...
Adam Kielich's answer In Colorado you can either file a lawsuit or file a wage claim with the Colorado Department of Labor and Employment. Which is the better option for you is impossible to say without knowing more facts about your situation. You should talk to an employment attorney in Colorado. In some cases you can recover attorney's fees on unpaid wage claims.
John Roland Lund's answer No. While under some circumstances there might be a shared obligation for regular maintenance of a boundary fence, that would not include having to repair damage carelessly caused by a co-owner. They should consider turning it in to their homeowner's insurance company.
Tristan Kenyon Schultz's answer Based on your facts it is possible for a claim to be filed to recoup some or all of the damage related to the accident. You cannot be made to assume another person's debt, unless there are other factors involved that are not mentioned. Whether a claim is filed and/or whether the claim will be successful is a wholly different consideration.
Tristan Kenyon Schultz's answer You will need to take them to court. This likely can be handled in small claims court. The forms can be found at the CO Courts webpage. A lawyer can assist (or wholly handle) this matter, but a lawyer is not required (esp. for small claims cases). Prior to filing it may be advisable to send a demand letter.
Tristan Kenyon Schultz's answer This is largely defined by the lease agreement. Section 8 (or a normal lease) generally prevent long-term occupancy by parties not listed on the lease agreement. The term is defined by the lease agreement. For most agreements, this is usually a month or less. That said, a lot is determined by the landlord and how aggressively (if at all) the landlord enforces this term.
Tristan Kenyon Schultz's answer You may have grounds for constructive eviction. You will need to contact a lawyer. While Colorado Legal Services and your local bar have resources for landlord-tenant issues, you may have to hire a lawyer.
Tristan Kenyon Schultz's answer The normal rule in Colorado is that 5 years is maximum allowable term in which property can be reclaimed. However, there are numerous exceptions. Since guns are registered, the 5 year limitation likely does not apply. While it is debatable whether you are under a legal obligation to return the gun (potentially it can be claimed as part of the division of assets at the split--if you were married). I'm not sure what "got rid of" exactly means. If the gun was sold/pawned, there should be a record....
Tristan Kenyon Schultz's answer Absent terms in the lease agreement, the landlord is proposing to breaching the terms of the lease. The landlord cannot terminate the lease (just like you cannot) provided that you are not in violation of the lease agreement (i.e. current with your rent). However, both the tenant and the landlord can mutually agree to terminate the lease early.
Arguably you should get a total refund, but the circumstances can change this (i.e. if some damage occurred). Note, you are not required to...
Tristan Kenyon Schultz's answer Jail time is possible, but unlikely. Similarly setting up a new payment arrangement may not be a realistic possibility. The critical part, is that you will need to start paying the court award quickly AND continue to pay.
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