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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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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: I made a Discrimination complaint and I'm wondering if this is retaliation?

I have reasonable belief that my employer discriminated against me while pregnant. My supervisor said "we paused on promotion to get you through your pregnancy" I made a complaint and have since then tried to gather evidence to protect myself as I am young and have never experienced this.... View More

James L. Arrasmith
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answered on Jan 31, 2024

Based on the description provided, it does sound like you may be experiencing retaliation as a result of your discrimination complaint. Retaliation occurs when an employer, through a manager or another employee, takes adverse action against an employee for engaging in a protected activity, such as... View More

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Colorado on
Q: can i boot a vehicle on private property in Boulder

apparently towing is no longer provided by parking services

James L. Arrasmith
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answered on Jan 27, 2024

Yes, a vehicle parked on private property can potentially be booted in Boulder under certain conditions, since towing services may be limited. Specifically:

- Colorado law allows booting/immobilization of unauthorized vehicles on private property in situations such as private parking...
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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Land Use & Zoning for Colorado on
Q: I was arrested on private property, but since it wasn't "My" land, they didn't need permission or a warrant! Is it true?

I had permission to "nap" on private land for a couple hours. Can any cop come and wake me then arrest me without having a warrant or permission to be there in the first place;. Since It's not my property, I have no say.?

therefore there actions were justified in what lead... View More

James L. Arrasmith
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answered on Jan 27, 2024

No, the police cannot legally arrest you on private property where you had permission to be without having a warrant or the owner's consent for them to be there. The key issues here are your expectation of privacy and the validity of the police's entry onto the land.

Even though...
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2 Answers | Asked in Civil Rights for Colorado on
Q: How long legally do I have to move out after being in a relationship and living together for 10years?

I was able to find a new home on 1/8. I have worked to move most of my things. The things left behind need to be packed and moved to storage. I have asked for one week to get everything done 2/18-2/24, so that I may take off from work. My ex states this is not soon enough. I would like to know... View More

James L. Arrasmith
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answered on Jan 26, 2024

According to Colorado law, since you and your ex were in a relationship and living together for over 10 years, you would be considered a common law spouse. This means legally you would have the rights of a spouse in terms of tenancy and appropriate notice to vacate.

Some key points on your...
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2 Answers | Asked in Civil Rights for Colorado on
Q: How long legally do I have to move out after being in a relationship and living together for 10years?

I was able to find a new home on 1/8. I have worked to move most of my things. The things left behind need to be packed and moved to storage. I have asked for one week to get everything done 2/18-2/24, so that I may take off from work. My ex states this is not soon enough. I would like to know... View More

Michael Joseph Larranaga
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answered on Jan 29, 2024

It depends. If you have an ownership interest in the house, you don't need to leave. It's your house. If they obtain a restraining order then it is a different story.

It is possible you were common law married but more information would be needed.

I think you would need...
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1 Answer | Asked in Criminal Law for Colorado on
Q: I have a case in for robbery and menacing. I also have mental issues and at the time of the incident I breakdown

If I had a mental breakdown what will happen to me? I can prove I was ill. I was asking for help from friends and family. There was no weapons involved I imagined a person outside saying they needed money and that what I told the person at the store

Reid DeChant
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answered on Jan 26, 2024

I would suggest hiring a private attorney (you can use the attorney search function on this website or on Google) or applying for a public defender. From the little bit you have shared, having a mental breakdown doesn't allow you to commit crimes. However, it certainly can be used as... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: When Denver took over my Douglas County case that was to run concurrent with Denver, shouldn't it (Douglas County) have

ended when I successfully completed the Divert program and graduated from it in 02/23.

Shouldn't the Douglas case have also concluded?

I have since been arrested with a warrant for non compliance in the Douglas County case. But was never given any direction to follow up or... View More

Reid DeChant
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answered on Jan 26, 2024

There are a couple possibly explanations as to how you got into this situation. First, I'd recommend hiring an attorney to help navigate your situation because they should be able to help get you out of this situation better than trying to navigate it yourself.

First, it is possible...
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1 Answer | Asked in Criminal Law for Colorado on
Q: can I rescind a guilty plea for protection order violation prior to sentencing in Colorado?

I was charged with Stalking, harassment, tampering and protection order violation. I went to trial for the stalking, harassment, and tampering and was supposed to have a separate trial with the same jury for the protection order violation. My attorney had me plead guilty to the protection order... View More

Reid DeChant
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answered on Jan 26, 2024

You could always hire another attorney to attempt to withdraw your guilty plea or you could attempt to do it yourself. Look at criminal rules of procedure 35. It is very difficult to do with the high standard that applies in this situation. That is the reason you sign the paperwork and the judge... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for Colorado on
Q: I'm mentally disabled with Paranoid schizophrenia , Schizophrenia ,PTSD , Bi-Polar 1, multiple personalities.

I've been discriminated against illegally by an entity within the local , county , state , federal government or military Psyops Units. I'm microchipped, transmitted illegally. All areas of life 24/7 for the past 5-6 years. Gangstalking , gangplanking and other illegal military tactics... View More

James L. Arrasmith
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answered on Jan 24, 2024

If you believe you are being targeted and discriminated against, especially due to your mental disabilities, it's important to take steps to address this. The first step would be to document any instances of discrimination or harm you've experienced. This includes taking note of dates,... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Is about divorce and how it works in the state of Colorado if you have properties, 401k, and a small business.

I would like to know what happens since everthing we both own including rental properties are tied up in the small business and what would happen in a divorce.

Donald McClellan
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answered on Jan 24, 2024

All marital property must be equitably divided in a divorce (not equally, equitably). Marital property is anything obtained on or after the date of marriage, and the increase in value of property since the date of marriage. It does not matter whose name is on title. So if you owned a house before... View More

1 Answer | Asked in Construction Law and Contracts for Colorado on
Q: Door install still not finished and I have not paid fully. Can I never pay?

Door & Window install has been a bit of a nightmare. They have been terrible at communication. I paid a deposit on the job (~$2k) and still owe them the rest (~$4.5k). There are multiple issues with the door install that have not been fixed. They started in May 2023. Last I heard was maybe 2... View More

James L. Arrasmith
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answered on Jan 21, 2024

You make a fair point - if a contractor does not complete the work properly or to your reasonable satisfaction, they should not necessarily be entitled to full payment. Legally, you have a few options:

1) Set a deadline/ultimatum for them to fix the outstanding issues by a set date in a...
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1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: We bought a mattress set from a mattress store, they when through credit to make payments, now they say we owe...

...the remainder before delivery, even though we set it up for payments. So we asked for our 2k that we put down back, and they said no, they get to keep it because they had to order the bed, there is nothing in the paper work that says they can do that. What can we do to get our money back.

James L. Arrasmith
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answered on Jan 18, 2024

In this situation, the first step is to review all paperwork and agreements related to the purchase and financing of the mattress set. Look for any terms about down payments, cancellations, refunds, and delivery conditions. Understanding the exact terms of your agreement is crucial.

If the...
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2 Answers | Asked in Family Law and Tax Law for Colorado on
Q: do Family Court Orders supercede Federal IRS laws on who can claim a child each year?
T. Augustus Claus
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answered on Jan 18, 2024

Family court orders and federal IRS laws operate independently, and the IRS rules on who can claim a child for tax purposes are not automatically overridden by family court orders. In general, the IRS rules dictate that the custodial parent is typically entitled to claim the child as a dependent... View More

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2 Answers | Asked in Family Law and Tax Law for Colorado on
Q: do Family Court Orders supercede Federal IRS laws on who can claim a child each year?
James L. Arrasmith
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answered on Jan 22, 2024

Family court orders do not supersede federal tax laws determined by the IRS, particularly regarding who has the right to claim a child as a dependent for tax purposes. The IRS has specific rules about who can claim a child, based primarily on residency and support criteria.

If a family...
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3 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Colorado on
Q: My gym made a t shirt that hints at another gyms logo. The t shirt is satire. I’m looking for a lawyer to take a look

The t shirt is purple and says “welcome to the judgement zone” this is a twist on a popular gym franchise. We used the colors yellow and purple and the shirt features a thumbs down in the middle. We can send the design for review

James L. Arrasmith
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answered on Jan 18, 2024

When considering the legal aspects of your gym's t-shirt design, it's important to understand the concepts of trademark infringement and parody. Trademark infringement occurs when a new design is confusingly similar to an existing trademark, potentially causing the public to mistakenly... View More

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3 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Colorado on
Q: My gym made a t shirt that hints at another gyms logo. The t shirt is satire. I’m looking for a lawyer to take a look

The t shirt is purple and says “welcome to the judgement zone” this is a twist on a popular gym franchise. We used the colors yellow and purple and the shirt features a thumbs down in the middle. We can send the design for review

Kevin Michael Strait
Kevin Michael Strait
answered on Jan 17, 2024

Though I can't comment on your specific legal situation in this forum, I can offer some guidance on the fair use doctrines in US trademark law. In a combination of codified federal law and certain supreme court rulings, the development of a phrase or logo that parodies an existing, registered... View More

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1 Answer | Asked in Business Law for Colorado on
Q: Can Virtual Addresses/PMBs be used for Principal Office Address in Colorado for LLC?

I am planning to incorporate an LLC in Colorado and have been looking at Virtual Business Addresses. Most of them are all Private Mail Boxes (PMB), and I'd like to know if that is eligible for a Principal Office Address. I know PO Boxes are not allowed.

James L. Arrasmith
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answered on Jan 15, 2024

In Colorado, the rules for setting up an LLC require a principal office address, but this address must be a physical location. While a virtual business address offers many conveniences, it's essential to understand that these are typically considered Private Mail Boxes (PMBs) and may not... View More

1 Answer | Asked in Federal Crimes, Criminal Law and Banking for Colorado on
Q: How do I report a racketeering massive scheme I have uncovered , and have proof of

I have been the victim of a severe racketeering organized crime situation. It went on at least 22 years. I am finding a lot of concrete evidence, money laundering using my LLC, TRUSTS, FAKE CONSERVATION COMPANIES, THE BLM HANDED OVER HUNDREDS OF THOUSANDS IN GRANT MONEY, FALCIFIED LOANS,... View More

James L. Arrasmith
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answered on Jan 13, 2024

To report a suspected racketeering scheme, especially one as complex as you've described, it's essential to approach the right authorities. Since racketeering often involves multiple legal jurisdictions and can be a federal crime, consider contacting the Federal Bureau of Investigation... View More

1 Answer | Asked in Traffic Tickets for Colorado on
Q: My son who is under 18 received a traffic ticket in CO and was not given DR2334. Is that grounds for dismissal?
T. Augustus Claus
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answered on Jan 12, 2024

In Colorado, the DR2334 form is typically given to juvenile drivers as part of the juvenile traffic ticket process. The form notifies the juvenile and their parent or guardian of the option to attend a driver improvement program to avoid points on their driving record. While the absence of the... View More

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