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Colorado Questions & Answers
1 Answer | Asked in Social Security and Public Benefits for Colorado on
Q: I am on disability due to prior cancer. 5 years ago, how would I check what exactly my med9 states in Colorado?
James L. Arrasmith
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answered on Feb 22, 2024

To check the specifics of your MED9 form in Colorado, which is related to your disability due to prior cancer, you should start by contacting the Colorado Department of Human Services or the specific agency that manages disability benefits in your area. They can provide guidance on accessing your... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Can one file for a patent after letting a previous application lapse?

My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 22, 2024

It is possible. You will need to consult with a patent attorney and go through the dates of specific events.

If your first patent application (possibly a provisional application) was filed long before any of the time bar triggers (public sale or offer for sale, public use, public...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Can one file for a patent after letting a previous application lapse?

My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?

James L. Arrasmith
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answered on Feb 25, 2024

If the patent application lapsed and the invention has been publicly disclosed or sold for more than one year, under United States patent law, it may not be possible to file a new patent application for the same invention. The U.S. operates under a "first to file" system, and there's... View More

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2 Answers | Asked in Bankruptcy for Colorado on
Q: Can a debt collector garnish my wages for a auto loan from 17 years ago and I e already paid $20,000 in garnishments

Car was repoed in 2006 and in 2013 they started garnishment on me for 5 years l, garnished $20,000 from my checks, I switched jobs and now they are back to garnishing me never got served any papers don't even know the total balance but the loan was for $15,000 this was 17 years ago.....

James L. Arrasmith
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answered on Feb 24, 2024

No, it would be illegal for a debt collector to garnish your wages for the same auto loan debt after 17 years, especially if you have already paid $20,000. There are a few key protections here:

1. Statute of limitations - They can only sue or collect for a limited number of years, which has...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I AM IN THE MIDDLE OF A DIVORCE. I HAVE CHILDREN FROM A PREVIOUS MARRIAGE AND THE WOMAN I AM ABOUT TO DIVORCE IS

CONTACTING MY CHILDREN WHO SHE HAS NEVER MET OR SPOKEN TO BEFORE. HOW CAN I STOP THIS. SHE HAS NO RIGHT TO BE CONTACTING MY CHILDREN

Michael Joseph Larranaga
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answered on Feb 19, 2024

If they are adult children then there is nothing to be done. They can block the number if they choose. But if it rises to harassment and defamation then it could give rise to other legal claims.

If they are minor children, and you have 100% custody and control then that is a different...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I AM IN THE MIDDLE OF A DIVORCE. I HAVE CHILDREN FROM A PREVIOUS MARRIAGE AND THE WOMAN I AM ABOUT TO DIVORCE IS

CONTACTING MY CHILDREN WHO SHE HAS NEVER MET OR SPOKEN TO BEFORE. HOW CAN I STOP THIS. SHE HAS NO RIGHT TO BE CONTACTING MY CHILDREN

Christopher N. Little
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Christopher N. Little
answered on Mar 2, 2024

I am sure this situation is very frustrating and I commend you on first reaching out for assistance and input. Without knowing more, it is somewhat difficult to offer specific feedback. If you have counsel in your current divorce matter, I highly suggest that you reach out to that person and seek... View More

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1 Answer | Asked in Health Care Law for Colorado on
Q: If I added my husband to my medical insurance befor he died, am I responsible for his medical bills on my insurance?
T. Augustus Claus
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answered on Feb 15, 2024

In Colorado, adding your husband to your medical insurance before he passed away means his medical expenses incurred during the coverage period would generally be handled by your insurance according to the policy's terms, including deductibles, copayments, and coinsurance. However, as for the... 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

2 Answers | Asked in Personal Injury for Colorado on
Q: Can I negotiate a larger settlement than offered by an insurance company that's offering the policy limit?

My wife was killed by a reckless driver. At fault driver's policy limit is 50k. Insurance has offered 50k. Can I negotiate a larger sum through insurance

Michael Joseph Larranaga
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answered on Feb 12, 2024

That is just the amount the insurance will pay on behalf of the driver. But the driver is still liable for the full extent of damages that they caused regardless if the insurance will only pay 50k. You most likely need to determine if the driver has additional assets such as houses, cars, bank... View More

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I was evicted and I filed motion to stay and it was granted. My 4 year old is now being take to court for an eviction

The judge told them to remove my daughter from the eviction case. I was then given another court date I signed a stipulation. They didn't remove my daughter. And now are requesting a judgement for possession be granted against her.

T. Augustus Claus
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answered on Feb 9, 2024

In Colorado, if you were evicted and filed a motion to stay that was granted, but your 4-year-old daughter was also named in the eviction proceedings, and despite a judge's order to remove her from the case, the landlord or their representatives have not complied and are seeking a judgment for... View More

2 Answers | Asked in Real Estate Law for Colorado on
Q: I have a document that I do not completely understand and was wanting some help. It is a special warranty deed.

"Subject to a life estate, hereby expressly reserved in grantor and measured by the life of the grantor's son"

Does this statement transfer all rights from grantor to grantor's son?

Anthony M. Avery
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answered on Feb 9, 2024

The granting clause is a little imprecise. That is actually an estate in the grantor until the termination of the grantor's son' life, and then either goes to a remainderman or reverts back to the grantor and his heirs. It is a future interest deed. You have not stated enough facts... View More

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2 Answers | Asked in Real Estate Law for Colorado on
Q: I have a document that I do not completely understand and was wanting some help. It is a special warranty deed.

"Subject to a life estate, hereby expressly reserved in grantor and measured by the life of the grantor's son"

Does this statement transfer all rights from grantor to grantor's son?

Michael Joseph Larranaga
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answered on Feb 9, 2024

I agree with Mr. Avery. You did not include the important part of the granting clause. It is clear that a life estate is at play here but nothing else can be seen here.

If you want a precise answer, you need to hire a CO attorney. It is very unlikely anyone will give you legal advice...
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1 Answer | Asked in Consumer Law, Banking and Civil Rights for Colorado on
Q: Is a non legal guardian allow to open my child’s mail?

A letter was sent to my house about my son’s credit and inquiries. I had him on a credit card as an authorized user which is no longer active. My grandmother open the mail and got concerned because she made him a savings account with a local bank I don’t even have access to and she’s worried... View More

James L. Arrasmith
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answered on Feb 5, 2024

No, it is generally not legal for a non-legal guardian to open mail addressed to a minor if they are not the minor's parent or legal guardian. Here are some key points that apply:

- Federal law prohibits the obstruction of mail, which includes opening, destroying, hiding, or stealing...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can a real estate Restrictive Covenant be amended by the HOA president without a discussion or vote by the community?

We have a Covenant which prohibits various farm animals etc and exempts normal household pets if they are “under the control" of the owner when on common property - no mention of a leash. A few months ago, the president of the HOA enacted a Rule and Regulation that dogs must be “on a... View More

Michael Joseph Larranaga
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answered on Feb 5, 2024

This is a hard one that would require some legal research. Hence, you may want to hire an attorney.

In general, a HOA president cannot change a restrictive covenant. That would require an agreement by all the landowners via deed. There is a very good reason why restrictive covenants are...
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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My ex took me to court and claimed I had a drug problem, proved her wrong through UA's. She was made sole decision maker

And has our daughters 80 percent of the time. Their mother got a boyfriend who has a known drug problem and sold drugs. He has been to rehab three times and is around my children 80 percent of the time. How do I go about taking her back to court to prove that the girls aren't in a safe... View More

Steven  Visser
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Steven Visser
answered on Feb 5, 2024

It sounds like you are looking to restrict Mother's parenting time due to the situation with her boyfriend. If so, then you would need to file a motion describing what is occurring. In other words, your motion would have to contain facts and information that the children are in imminent... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Colorado on
Q: I had a valid quitclaim deed a was properly recorded would that have impact on 4closure if it wasn't acknowledged
Michael Joseph Larranaga
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answered on Feb 5, 2024

Based on your statement, probably not. You stated that the deed is valid.

For real estate transactions in Colorado, a writing and signature is required. The notary creates a presumption that the signature is valid. Hence, the signature is the important part. The notary is important if...
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1 Answer | Asked in Employment Law for Colorado on
Q: What to do if my employee is claiming she can keep tips after we show her facts that she cant

She is claiming she will take our tips as punishment for not completing our jobs to her standard. She said because she doesn’t call us tipped employees that we aren’t even though we receive more than 30$ a month. I just don’t know what to do or if I can do anything about it legally

T. Augustus Claus
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answered on Feb 2, 2024

If your employee is unlawfully withholding tips from other employees based on her own standards and despite being shown evidence that contradicts her claims, you should take action to address the situation promptly. First, ensure that you have clear policies in place regarding tip distribution and... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: Can I carry a concealed firearm into someone else's home in Colorado, assuming I have a valid permit and am invited?
James L. Arrasmith
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answered on Feb 2, 2024

In Colorado, you may carry a concealed firearm into someone else's home if you have a valid concealed carry permit and are invited by the homeowner. It's important to respect the laws and regulations regarding firearms in Colorado, as they can vary from state to state. Ensure that your... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Do I have a case if a company changes my pay structure and then doesnt pay me the other half for 3 months, owing $4300?

They continue to tell me next week and pay me my $300 for the first half of my wages but are making no attempt to catch up the past due amount. They are using company funds to pay themselves and their expensences but refuse to pay me. They also have me listed as a 1099 when I should be listed as... View More

James L. Arrasmith
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answered on Feb 2, 2024

Facing a situation where your employer changed your pay structure and owes you $4,300 is concerning. Firstly, gather all relevant documents and communication regarding your employment, pay structure changes, and unpaid wages. This will be crucial in building your case.

Reach out to your...
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3 Answers | Asked in Bankruptcy for Colorado on
Q: A credit union discharged in bankruptcy keeps sending me email reminders to pay bills and bank statements.

My bankruptcy was discharged in October 2021. Since then I constantly get emails from 2 creditors. One sends me constant reminders to download statements. The other sends me bill pay reminders for debts that were also included in my bankruptcy. I’ve called both CU to tell them I do not have an... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 31, 2024

The US Supreme Court, since the early '90s with the Dewsnup opinion, has been curtailing the Bankruptcy Code's provisions for debtor's relief against creditors generally, imho.

Most recently, the US Supreme Court shifted the burden of proof for a debtor's action against...
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