Colorado Small Claims Questions & Answers

Q: Property recovery from an ex his name is on my rental property and will not take it off

1 Answer | Asked in Real Estate Law, Contracts and Small Claims for Colorado on
Answered on Oct 2, 2018
John Hyland Barrett III's answer
At this point, you need to involve the court to enforce your agreement. You should retain an attorney to help you with this.

Q: If I sell my granddaughter My vehicle on payments. And the title remains in my name.

1 Answer | Asked in Car Accidents, Personal Injury and Small Claims for Colorado on
Answered on Sep 4, 2018
Peter Munsing's answer
possibly. You'd want insurance because if she lets it drop, has a wreck, as the owner of an uninsured vehicle you can be on the hook for all the damages she causes.

Q: My neighbor has a tree and it’s roots are causing damage to my driveway. Who is responsible for damages?

1 Answer | Asked in Real Estate Law and Small Claims for Colorado on
Answered on Jun 15, 2018
Donald C Eby's answer
The roots (not the tree) is on your property, you can cut them.

Q: Rent to own homewner is claiming he did not receive money order for monthly payment.

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for Colorado on
Answered on Apr 21, 2018
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...

Q: Who is liable if a dog does damage to their owner's property?

1 Answer | Asked in Consumer Law, Contracts, Animal / Dog Law and Small Claims for Colorado on
Answered on Apr 6, 2018
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.

Q: What are the laws pertaining to claiming ownership of lost pets?

1 Answer | Asked in Animal / Dog Law and Small Claims for Colorado on
Answered on Mar 8, 2018
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...

Q: what is my legal stance on getting my final check from past employer who refuses to pay.

1 Answer | Asked in Small Claims and Employment Law for Colorado on
Answered on Jan 21, 2018
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.

Q: Bought a house and discovered the previous owner flipped the house without pulling permits. Garage damaged, recourse?

2 Answers | Asked in Real Estate Law and Small Claims for Colorado on
Answered on Sep 26, 2017
Vincent Gallo's answer
What you are referring to are documents that are readily available in the public records. Why didn't you look into this before you closed?

Q: Can I sue the pet sitter and get my money back?

1 Answer | Asked in Small Claims for Colorado on
Answered on Sep 13, 2017
Tristan Kenyon Schultz's answer
You can sue in small claims court. You can visit the Colorado Courts webpage for all the forms.

For technical (legal) advice you may want to contact a lawyer. Expect to pay for the lawyer's time.

Q: We were given a verbal quote of $2500 and one month for repair of our car. It has been 11 months and the bill is now

1 Answer | Asked in Small Claims for Colorado on
Answered on Aug 16, 2017
Tristan Kenyon Schultz's answer
Clearly there is more to this story.

Your options are: (1) litigation in small claims-request replevin or (2) pay the amount.

The lack of a written quote presents an evidentiary problem for both sides because it allows both sides to interpret the facts differently with little to no independent corroboration.

If you do decide to go the litigation route, make sure to gain as much independently corroborated evidence as possible (payments, text messages, etc.) AND work on...

Q: can I file for a certificate of review myself or do I need an attorney to file it , in small claims?

1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Answered on Aug 8, 2017
Tristan Kenyon Schultz's answer
While a lawyer can be very helpful (esp. with understanding the law), a lawyer is not required for any litigation in which you represent yourself (aka pro se).

Q: Neighbors burned down part of our fence with fireworks and now they're trying to get me to pay for half.Do I have to?

1 Answer | Asked in Real Estate Law and Small Claims for Colorado on
Answered on Jul 27, 2017
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.

Q: In Colorado can someone take you to court and make you pay a loan your name is not on?

1 Answer | Asked in Small Claims for Colorado on
Answered on Jul 14, 2017
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.

Q: I have a bill of sale for a vehicle but the seller will not hand over the car, what do I do?

1 Answer | Asked in Consumer Law and Small Claims for Colorado on
Answered on Jul 14, 2017
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.

Q: if my sister let me stay for over a month and she on section 8 how long can they evicted me

1 Answer | Asked in Family Law, Small Claims, Landlord - Tenant and Public Benefits for Colorado on
Answered on May 7, 2017
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.

Q: We moved into an apartment, it wasn't cleaned and we specifically asked for the cleaning. What can we do?

1 Answer | Asked in Real Estate Law, Small Claims and Landlord - Tenant for Colorado on
Answered on Apr 26, 2017
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.

Q: I was wondering what the laws of abandonment for guns in Colorado were.

1 Answer | Asked in Consumer Law and Small Claims for Colorado on
Answered on Apr 24, 2017
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....

Q: I signed a 6 month lease & landlord broke the lease 1 month in, giving me 30 days. Can I get rent & deposit back fully?

1 Answer | Asked in Landlord - Tenant and Small Claims for Colorado on
Answered on Apr 16, 2017
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...

Q: Contempt of court for small claims. What should I expect at this hearing?

1 Answer | Asked in Small Claims for Colorado on
Answered on Apr 9, 2017
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.