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1 Answer | Asked in Civil Litigation for Colorado on
Q: Someone Lent me some money and I bought a used vehicle. He took the car even though I've made on time payments.

I have the title and bill of sale and text messages saying thank you for the payments, as well as labeled cash app payments. He keeps demanding I give him the title or he calls the police . He put the car in storage so now I can't even try to legalize anything. Is he allowed to do this?! What... View More

James L. Arrasmith
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answered on Jan 11, 2024

In your situation, it's important to understand that possession of the vehicle's title and bill of sale typically indicates legal ownership. Since you have made timely payments and possess these documents, you generally have the right to retain the vehicle. The messages acknowledging your... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: If I write “I can pay _ back in installments” for money I didn’t personally take is that a legal contract in Colorado?

My ex dropped plans to attend a wedding in another state and broke up with me. She paid our friend in advance for her share of an Airbnb. She backed out days before check-in, making it impossible for anyone else to feasibly take her place. When she asked about possible reimbursement I wrote in a... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Jan 10, 2024

The answer would depend on the exact language of all communications and contracts involved. So only a general answer WITHOUT specific advice is possible here. Depending on how much is at stake, you might want to hire a lawyer. But lawyers are expensive. Often, it can be best to offer a small amount... View More

1 Answer | Asked in Civil Rights and Libel & Slander for Colorado on
Q: Do I have a civil suit?

Do I have a civil suit? because they're employee accused me of stealing told me I'm not allowed on the property because he has video of it which is untrue as I have never stolen anything from any company in my life

James L. Arrasmith
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answered on Jan 10, 2024

In your situation, the potential for a civil suit depends on several factors. If an employee falsely accused you of stealing and this accusation was made public or caused you harm, you might have grounds for a defamation claim. Defamation involves making a false statement that harms someone's... View More

2 Answers | Asked in Tax Law for Colorado on
Q: I live in co, work remotely for company based in fl, w-9 shows my address as fl. How do i file my taxes
James L. Arrasmith
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answered on Jan 12, 2024

If you live in Colorado and work remotely for a company based in Florida, your tax situation will primarily be based on your residency, not the location of your employer. As a Colorado resident, you are subject to Colorado state income tax on all your income, regardless of where your employer is... View More

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1 Answer | Asked in Civil Litigation and Consumer Law for Colorado on
Q: My friend pawned his truck in Co and they gave him counterfeit money theyre refusing to deal w it. he called cops

The cops are investigating what else can he do? The pawn contract is binding legal agreement.

James L. Arrasmith
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answered on Jan 9, 2024

If your friend received counterfeit money from a pawn shop in Colorado, he has already taken a crucial step by involving the police. Their investigation is important for addressing potential criminal activity. In addition to this, there are a few more steps he can take.

He should consider...
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1 Answer | Asked in Real Estate Law and Tax Law for Colorado on
Q: We are looking for legal representation on a DST/1031 exchange property issue.

We were hoping you could direct us on how to locate the proper resource who can help us with a DST/1031 investment issue. The current trustee is changing the terms of the investment and at end will dilute our ownership and disqualify any future 1031 tax benefit. I would appreciate any input from... View More

James L. Arrasmith
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answered on Jan 8, 2024

Finding the right legal representation for a DST (Delaware Statutory Trust) and 1031 exchange issue is important to ensure that your interests are protected. You'll need a lawyer who is experienced in real estate investments, specifically those involving DSTs and 1031 exchanges.

Start...
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1 Answer | Asked in Civil Litigation for Colorado on
Q: There is a danger of a vehicle being submerged underground. This vehicle is a nuisance and how do I remove it legally fr

It's on abandoned condemned property

James L. Arrasmith
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answered on Jan 7, 2024

To legally remove a vehicle from abandoned or condemned property, there are several steps you should follow. First, it's important to determine who owns the property and the vehicle. If you are the property owner, you have more control over the removal process. If not, you may need to contact... View More

2 Answers | Asked in Health Care Law and International Law for Colorado on
Q: Help finding way to cover USA medical expenses as dual citizen through Austrian Universal coverage

Hello,

My father is a dual citizen in Vienna, Austria and the USA. He is desiring to move to the USA but due to the low cost of a long list of medicines he gets in Vienna covered by your Universal policy he and I are unsure if this Austrian/Universal coverage has any way to cover his... View More

James L. Arrasmith
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answered on Jan 6, 2024

Generally, Austrian universal health coverage is designed to cover medical expenses incurred within Austria. If your father moves to the USA, this coverage typically would not extend to cover medical expenses or medications in the United States. Each country's health system operates... View More

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1 Answer | Asked in Landlord - Tenant and Probate for Colorado on
Q: can a eviction be served while the house is in probate

Ive been living at a house for 9 of the last 11 years the owner who owned this house passed away back in june there was no will and his sister, next of kin filed for probate while it was still in probate she served us with a notice to quit in the notice to quit it doesnt state why she served us... View More

James L. Arrasmith
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answered on Jan 1, 2024

In situations where a property is in probate, it is possible for eviction notices to be served, especially if the person handling the estate (such as the deceased owner's sister in your case) has the authority to manage the property.

However, the validity and enforceability of such...
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1 Answer | Asked in Landlord - Tenant and Probate for Colorado on
Q: can a eviction be served while the house is in probate
T. Augustus Claus
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answered on Jan 1, 2024

In Colorado, the process of eviction can be affected by the status of the property in probate. When a property owner passes away, and the property is in probate, the legal transfer of ownership to heirs or beneficiaries may impact the eviction process. Generally, the personal representative or... View More

1 Answer | Asked in Social Security for Colorado on
Q: Im 53 have been on part ssdi for over 10 years can i file for 100% ssdi
James L. Arrasmith
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answered on Dec 30, 2023

If you've been on partial Social Security Disability Insurance (SSDI) for over 10 years and are considering applying for 100% SSDI, there are several factors to consider. First, it's important to understand that SSDI eligibility is based on your current medical condition and its impact on... View More

2 Answers | Asked in Criminal Law and Municipal Law for Colorado on
Q: Hello! I have a quick question, is it legal to own a sword in my home in Colorado Springs?

I know the open carry law says no, but I can't find any information about just owning it and displaying it in my home

James L. Arrasmith
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answered on Dec 30, 2023

In Colorado Springs, as in most parts of Colorado, there are no specific laws prohibiting the ownership of a sword in your home. While there are laws regarding the carrying of weapons in public, these generally do not apply to keeping such items in your private residence for display or collection... View More

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2 Answers | Asked in Criminal Law and Municipal Law for Colorado on
Q: Hello! I have a quick question, is it legal to own a sword in my home in Colorado Springs?

I know the open carry law says no, but I can't find any information about just owning it and displaying it in my home

Austin Burke Nelson
Austin Burke Nelson
answered on Dec 30, 2023

Ownership of a sword in your home is not specifically prohibited by any current law in the Colorado Revised Statutes. However, since a sword can be construed as a weapon or even a deadly weapon, there may be other situations that make ownership or possession of such an item illegal based off your... View More

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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I was ordered in custody court to take weekly random UA’s and have the results reported to my co-parent…

My co-parent and I were never legally married, and he was in fact, just recently released from parole. He hasn’t given one UA, nor provided results of any of his UA’s to the courts while I have submitted at least 42 clean ones. I feel violated being ordered to now take weekly random UA’s and... View More

Sabra M. Janko
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answered on Dec 30, 2023

If you were ordered to take weekly UAs, it was for the safety of your clild. Congratulations on having clean UAs. The best thing that you can do is continue having them. If you do, when the court is satisfied as to the safety of the child, then the court will modify the order requiring that you... View More

1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for Colorado on
Q: For the state of colorado - I am going to need to open an S Corp. Is it better to start it as LLC or C Corp for few day?

I plan to elect S Corp status within a few days after getting EIN and all. I am curious on how it makes a difference if I start LLC or C Corp given S Corp form will be submitted in a matter of days following.

Kevin Michael Strait
Kevin Michael Strait
answered on Dec 29, 2023

Many people form an S-Corp to take advantage of the personal income tax breaks when paying yourself as both an owner and an employee of the business. The S-Corp election is more accurately called the "subchapter S tax election" and, as you point out, can be used in combination with an LLC... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: Can my daughter's father prevent me from going to nursing school and getting my BSN?

My daughter's father and I have 50/50 joint custody. I will get my associates in April in pre nursing. I told him I'm applying to schools right now for my BSN. In order to get my BSN, I need to travel to complete clinicals out of state as there are no local clinical locations. I asked if... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 29, 2023

Without knowing the specifics of where this other school is, what you're proposed schedule is, and how much it disruption this will be in the child's life, It is impossible to actually answer this question. You have expressed your question as to what your daughter's father will... View More

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2 Answers | Asked in Landlord - Tenant for Colorado on
Q: I was served a writ of possession from October 2023 it is Dec I've been paying partial or whole rent amounts and only

Given a week to get out of the home is this legal

Michael Joseph Larranaga
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answered on Dec 29, 2023

This is a complex question. Off the cuff, I would be concerned with the week's notice. Typically, a tenant is given written notice then court proceedings are filed. Once a judgment is entered a writ of possession/ removal is entered by the court allowing the sheriff to remove the Tenant.... View More

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1 Answer | Asked in Tax Law, Gov & Administrative Law and Municipal Law for Colorado on
Q: How do I make my home a not for profit cemetery in order to make it tax exempt?

It’s my understanding that all is needed is my daughter’s ashes and a funeral director, but I’m unsure of how to process that with the county or if more is needed. How do I move forward with this?

James L. Arrasmith
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answered on Dec 25, 2023

To establish a not-for-profit cemetery on your property in Colorado, there are several steps and legal requirements to consider. Firstly, having your daughter's ashes and involving a funeral director is a start, but there's more to the process.

You will need to ensure that...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for Colorado on
Q: How can a judge revoke consent of surety for a charge a jury just acquitted me of and inc bond to 25k and send to jail?

Found not guilty on motor vehicle theft, guilty on obstruction of justice 2nd degree misdemeanor, guilty on criminal tresspass. Judge said I lied when I testified and because he can see more info than the jury he felt I was a danger to be free, even though I had bonded on these charges previously... View More

James L. Arrasmith
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answered on Dec 24, 2023

In your situation, where a judge revokes the consent of surety and increases bond despite an acquittal on some charges, it's important to understand the judge's discretion and the factors they may consider. Judges often have broad discretion in making decisions about bond and pretrial... View More

3 Answers | Asked in Immigration Law for Colorado on
Q: DACA extended parole

I am a DACA recipient can i get an extended parole to visit family in Mexico if it is for a wedding?

Symantha Rhodes
Symantha Rhodes
answered on Dec 24, 2023

The humanitarian purposes that USCIS gives as examples for DACA applicants of advance parole are travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative. Your application is processed on a case-by-case basis, and USCIS will consider other... View More

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