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Colorado Small Claims Questions & Answers
1 Answer | Asked in Family Law and Small Claims for Colorado on
Q: is it illegal for my grandmother to open my package and take some?

I (15 year old) have been earning my own money and decided to use this money to buy a variety of items off amazon. I was on a vacation recently when the packages arrived and because my grandmother (legal guardian) was home i explicitly told her to not open them and just leave them in my room. When... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like a frustrating situation you're dealing with. While it might not be illegal for your grandmother to open the packages since she is your legal guardian, it is definitely a breach of trust, especially since you specifically asked her not to open them. As your guardian, she does... View More

1 Answer | Asked in Personal Injury, Products Liability and Small Claims for Colorado on
Q: Is expert testimony necessary in smash claims court
Tim Akpinar
Tim Akpinar
answered on Feb 12, 2024

A Colorado attorney could answer best, but your question remains open for a week. Every state's small claims sections have different rules, but in general, small claims disputes don't usually involve expert testimony. The cases tend to be straightforward, courts want to move them quickly,... View More

1 Answer | Asked in Small Claims for Colorado on
Q: I paid for a replacement window my son shot out with a BB gun to neighbor and now he want to charge me more

this summer my son shot out neighbor car window and since then i paid for window not to install it but to replace it am i still obligated to install also

James L. Arrasmith
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answered on Oct 22, 2023

If you initially agreed with your neighbor to only pay for the replacement of the window and not its installation, you're not legally obligated to cover installation costs.

However, if there was a mutual understanding or implied agreement that you'd cover the entire repair,...
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1 Answer | Asked in Civil Litigation, Civil Rights, Domestic Violence and Small Claims for Colorado on
Q: Looking for solace and answer's in this Messy divorce, I'm open to suggestions on how to pursue legally?

ex-wife felt like telling all our neighbors and even the police that I physically and emotionally abused her. I separated from her because I had enough of the blame someone else for your problems attitude. She even went as far as getting help from a domestic abuse line in which they assisted her... View More

Michael Joseph Larranaga
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answered on Jun 5, 2023

This is a hard one particularly because you are dealing with a sensitive topic.

No one wants to say that a domestic violence victim was not a victim but a liar. That being said, it does not mean it is impossible to prove. The real issue comes down to public perspective. A strong case can...
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1 Answer | Asked in Contracts, Gaming, Small Claims and Tax Law for Colorado on
Q: My senior class organized a game where everyone buys in and receives a cash prize. Is this legal?

My senior class organized a game where everyone bought into the game and the winner receives a cash prize. It is organized by students, not affiliated with the school. Every player signed an agreement that they accepted the rules. Students are being kicked out of the game, despite not violating any... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 3, 2023

Contact the Colorado Attorney General to file a consumer protection complaint.

https://coag.gov/office-sections/consumer-protection/

This may also be considered theft and/or fraud. Filing a police report may be appropriate.

You would also have a civil action for breach of...
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1 Answer | Asked in Contracts, Banking, Civil Litigation and Small Claims for Colorado on
Q: Is it legal for my bf to say I have to be his gf to continue the support I'm accustomed to?

I received the money in my accounts by regular transfers.

At no time has he stated or written that I have to stay his gf to pay me. Now he writes I have to be his gf to be paid. There is evidence he cheated.

I had said before the argument that I would let him off the hook once I... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're going through this difficult situation. Generally, financial support in a personal relationship without a formal agreement can be complicated. If he initially provided support without conditions, changing the terms suddenly may not be enforceable legally, especially if... View More

1 Answer | Asked in Small Claims and White Collar Crime for Colorado on
Q: Paid $7k on parents card I had used but mom used as well, can they still turn me into police?

10 months ago I used my parents credit card and they threatened to turn me into the police or pay them the money back. They have never shown proof of the charges or how much was actually spent on the credit card, and my mom was secretly using it as well. I can no longer pay the $600 payments they... View More

Mr.  H. Michael Steinberg
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answered on Sep 30, 2024

The agreement you had with your parents is unenforceable at law even if you fully complied. If they go to the police, you will probably be charged with felony theft - credit card fraud - etc. Consult a local lawyer before you decide to "test" them. HMS

1 Answer | Asked in Collections and Small Claims for Colorado on
Q: Do I have to pay collections agency legal fees and interest if I paid the debt to the creditor directly?

I received a summons that wasn’t yet submitted to the court, reached out to the collections agency and they wanted $3k for $1800 so I called the creditor and paid them directly and the agency filed the summons 7 days after i paid! Am I still liable if they didn’t do their due diligence for... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 4, 2024

You may have a defense to the case as an “Accord and Satisfaction.”

1 Answer | Asked in Car Accidents, Criminal Law and Small Claims for Colorado on
Q: My vehicle was stolen, crashed and then returned the next day. Am I entitled to a rental car?

The driver is an unlicensed teen. I did not press charges which means I cannot really go through insurance without affecting my rates. I am allowing the driver to pay the repair out of pocket so as not to create a criminal record. They are agreeing to pay the repairs but refusing to pay for loss of... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 30, 2023

Yes. Loss of use is a valid damage recoverable from an at-fault driver.

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Colorado on
Q: My car is being held against my will for repairs that will not be done. What are my options?

Car was brought in for inspection and repair of hail damage. The car has been inspected and deemed a total loss, so no repairs have been done. I want to pick up the car but repair facility insists upon over $7,000 for “storage and administrative fees”. Again, apart from my insurance company’s... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Nov 15, 2023

First, call your insurance company and ask them to help. If your insurer won't help, ask why and get it in writing. If your insurer cannot resolve it, consider calling the Attorney General's consumer fraud hotline or making a complaint with the BBB. You may need to hire a lawyer if those... View More

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Colorado on
Q: What are my steps when a law firm threatens to sue for something where the statute of limitations has expired?

I received a strongly worded letter from a law firm threatening legal action in the form of a lawsuit over an unpaid debt. They also said that it’s been noted that I attempted to basically defraud the collector because I allegedly closed a bank account. (Don’t recall this) The debt itself I am... View More

David Luther Woodward
David Luther Woodward
answered on Apr 12, 2022

first of all, go see a good bankruptcy/financial distress lawyer. It sounds to me like the statute of limitation might have run. If that is the case, then you have an action against the law firm.

That aside, bankruptcy could be your solution, but only a good local lawyer can give you that...
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1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for Colorado on
Q: Can I sue someone for breaking my car window. Even though it’s been over a month?

Hi. It is 2-21-22. On 1-12-22. An intoxicated passenger of mine ripped out my manual cranks for both back windows. After rolling down the windows. Then got out and took my door and slammed 3 times hard enough until the window shattered inside the door. I didn’t call the police on account I had... View More

Kevin Michael Strait
Kevin Michael Strait
answered on Feb 21, 2022

In Colorado, yes you can sue someone for money to compensate you for damage to your vehicle. Colorado counties have general district courts that will allow small claims lawsuits. Colorado statutes § 13-6-403 limit the claims in small claims court to $7,500 total. Your claim for money owed by this... View More

1 Answer | Asked in Small Claims for Colorado on
Q: Can I be taken to small claims court for a bill I have no proof of?

I was on a family phone plan with my ex-roommate. After a month of asking her to release ownership to me she finally put in the request. However she states that I owe her for this last bill. But she is refusing to send me a copy or photo of the bill proving the amount. Prior to me moving out Ialso... View More

Kevin Michael Strait
Kevin Michael Strait
answered on Jan 22, 2022

You ask a great question that has two parts. I'll answer from a Colorado state law perspective. (1) When you ask "can I be taken to court for a debt with no proof" the answer is yes, you certainly can be sued by someone claiming a fact they can't prove at the time they file the... View More

1 Answer | Asked in Business Law and Small Claims for Colorado on
Q: Do I have a legal right to file a claim for money owed in Small Claims Court?

I am a co-owner of a business here in Colorado. The business is based on a Verbal Agreement between me and my partner. He had a Verbal Agreement with our client to get paid on a monthly basis for our services. Our client paid us per our Invoiced amount up until Jul 2021. He is now in the rears... View More

Kevin Michael Strait
Kevin Michael Strait
answered on Jan 20, 2022

If you do not have a business entity (like an LLC or a Corporation) and your business is based on a verbal agreement and no formal arrangements, then you are likely in a "general partnership." A general partnership is the legal relationship between partners that operate a business with no... View More

1 Answer | Asked in Criminal Law and Small Claims for Colorado on
Q: I just went to trial on on a crimail case and was found guilty by a 6 man jury. Is that correct or is it 12 ?
Patterson S. Weaver III
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Patterson S. Weaver III
answered on Oct 4, 2021

In Colorado, juries in misdemeanor cases are 6 people. Juries in felony cases get the full 12 jurors. If your case was a misdemeanor case 6 jurors would be the norm.

1 Answer | Asked in Consumer Law and Small Claims for Colorado on
Q: I live in Colorado & did business with a nursery in Tennessee on-line. All plants were DOA. No refund or credit

I started complaining via email in April. They wanted pictures and even suggested I send the dead plants back at my expense. They said they don't issue refunds, even though they say all plants are guaranteed. They will only issue a credit. I have been waiting for a credit for over 3 weeks.

Tim Akpinar
Tim Akpinar
answered on Jun 20, 2021

A Colorado attorney could advise best, but your post remains open for two weeks. As a general matter nationwide, usual options could include inhouse customer service, forums identified in the agreement for disputes (e.g., arbitration under AAA rules), or small claims/civil court. A Colorado... View More

1 Answer | Asked in Small Claims and Social Security for Colorado on
Q: I am 18 and my mom is threatening to throw away everything that I left behind, and won't give me my SSN card. Can she?

I moved out 5 months ago, 24 hours after I turned 18. I wasn't able to take much due to having to secretly leave.

She is stating that she throw away, sell, or is just not give me my things. What was would be the best thing to do

I also am wondering what to do as she is saying... View More

Kenneth Prigmore
Kenneth Prigmore
answered on May 14, 2021

Call the police. Tell them you want to peacefully enter the home and collect your belongings. They can meet you at the house at a specific time. It should probably be a time when someone is at home. While moving your stuff out, tell the police that your mom has your SS card and that you want it.... View More

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Small Claims for Colorado on
Q: If a vendor/contractor damaged my property, can I claim against the person who hired the vendor?

I'm a commercial tenant in a mall struggling to open a small business in the midst of this pandemic. A neighboring shop owner in the mall hired or asked a vendor/contractor to remove some equipment from her shop and he took a piece of my equipment valued at $1,300. When he returned it, it was... View More

Donald C Eby
Donald C Eby
answered on Apr 25, 2021

You should file that small claims action to force this to a conclusion more quickly.

2 Answers | Asked in Animal / Dog Law and Small Claims for Colorado on
Q: Are there laws to protect people who get attacked/chased by “service animals” who are not on leashes and aggressive?

The dogs are aggressive and chase me and my dog who is on a leash beside me. I’m afraid to leave my apt. What do I do?

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Apr 15, 2021

Yes. Service animals are required to be under the owner’s control at all times. So the dog cannot chase and attack you and be exempt from the law. Such behavior could fall under Colorado’s dangerous dog statute. If you are being chased or attacked by any dog, regardless of designation, you can... View More

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1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: My nieghbor filed a District civil summons on me to cut my tree down that's in my yard. What can I do about it?

She wants the tree cut because she is scared to sleep in her bedroom because she says my tree will fall on her bedroom. She has aggervated health issues from this tree, and she cant enjoy her yard because of this tree and she has increased anxiety and stress over this tree.

My tree is not... View More

Donald C Eby
Donald C Eby
answered on Dec 22, 2020

Your neighbor is a nightmare and she is now suing you! You definitely need to engage an attorney to defend you and your property in the lawsuit and potentially assert counterclaims against her.

Contact an attorney who has litigation experience. Most will offer a free initial...
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