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Colorado Small Claims Questions & Answers
2 Answers | Asked in Arbitration / Mediation Law, Probate and Small Claims for Colorado on
Q: Granny signed car to me 30 days before death. Adult granddaughter wants it against my will. Can she get it? (Colorado)
Ben F Meek III
Ben F Meek III
answered on Feb 19, 2017

Probably not. Granny can make gifts as she pleases. Unless Granny lacked the mental capacity to understand what she was doing, or there was fraud or undue influence, it's an inter-vivos gift that is not part of Granny's probate estate. Granddaughter has a tough row to hoe to win that... View More

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1 Answer | Asked in Civil Litigation, Collections and Small Claims for Colorado on
Q: Can I collect fees associated with my small claim against a person I contracted for and will not pay documented amount?

I delivered a package for a gentleman I just started working with. We didn't have a contract, but I have many text messages documenting the time worked, receipts, and him saying he will pay me a specific amount.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 19, 2017

Yes you can. Contacts can be formed via oral agreements, text messages, performance (action), and written agreement. Be aware that you have to prove that an agreement was formed. Based on your facts the text messages should prove this, but also collect any receipts or other evidence that you... View More

1 Answer | Asked in Small Claims for Colorado on
Q: Would I still have a case in small claims court?

So I had loaned an ex $400 to help him pay for rent. He has paid me back about $50, and stopped completely after a fight because I told him to forget about the money because I just wanted him out of my life (he has this on text). Recently, a few months after this happened, he came back asking for... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 16, 2017

Since only a judge/magistrate can make a final determination, I cannot say with certainty what the result would be. If there is documented evidence that you forgave the loan, you generally cannot revive the loan. However, you could argue that the text was not a legally binding debt relief but was a... View More

1 Answer | Asked in Small Claims for Colorado on
Q: I have a pending small claims action and the defendant in the case sent a check in the mail for the original amount.

The check did not include the court costs/fees and interest. My question is, can I deposit the check and still appear in court to get a judgment for balance due or should I just hold on to the check until the court date? This person has refused to pay the amount due for over 11 months until he was... View More

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

If you cash the check it could be interpreted as acceptance and satisfaction of your complaint (i.e. settling out of court). If you do cash the check, you should amend your complaint to show that the you are only requesting court courts and interest. Note, interest and court costs are not normally... View More

1 Answer | Asked in Contracts and Small Claims for Colorado on
Q: Roomate will not return security deposit

I found this roomate through craigslist and have sharing a room with her for a month. We decided to split the room and I payed her a $300 security deposit when I moved in. She agreed to return the money once I moved out ( I had her sign a personal agreement between us to return it as long as there... View More

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

Absent your former roommate agreeing to return the deposit, your only option is small claims court. Your local courthouse has a lot of resources for small claims (link to CO court webpage: http://www.intotolegal.com/upcoming%20Events/Forms.html ). There is not enough information to given a full... View More

1 Answer | Asked in Small Claims for Colorado on
Q: I wish to bring a small claims action against PayPal Corp. Their corporate offices in CA. Reg. Agent in Denver County

I live in Elbert County. Can I file a S/C action against Paypal in Elbert or do I need to file in Denver County or are both options wrong and I need to go a different route?

Also, as long as Im asking, are costs, interest or punitive damages eligible in such a case? Case Overview: Ebay... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 15, 2015

Before you consider which CO court to file in. Review the terms of use/contact you signed with PayPal (clicking "I accept" is acceptance of a contract). PayPal has an arbitration and forum selection clause. Both will be in California (last I checked). I think PayPal also precludes special... View More

1 Answer | Asked in Small Claims for Colorado on
Q: Does anyone know how to find the registered agent for Deutsche Bank National Trust?

I've searched Sec. of State in Colorado and Delaware with no results. Planning a small claims action.

Burton A. Padove
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answered on Jul 18, 2011

Although I am not licensed in Colorado, I would suggest that you contact the Secretary of State's Office, or if you have correspondence from them with a return address in a different state, check the Sec. of State in that State.

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