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Colorado Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law, Estate Planning and Tax Law for Colorado on
Q: Hello I am trying to turn my LLC into my holding company which means I need to file Articles of Cooperation and a 2553?

Just formed my LLC and want it to be the holding company and an S corp what do I need to file and in what order?

Joel Hassell
Joel Hassell
answered on Sep 6, 2024

I mostly concur with the earlier answer provided to your question above. Here is my response with a few more notes

1) Use Your LLC as a Holding Company: Structuring your LLC to act as a holding company simply involves using it to own other businesses or assets. You don’t need to file...
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1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: I hired a shop to restore a classic Mustang - they have been paid 120K and won't finish the job? What is my recourse?

With the last payment of 10 K, I told the shop owner that this is the last check, that if there is any balance, I would pay that when I pick the car up Originally, the owner of this shop told me the restoration would be between 70k and 100k- Were now over 135k (i've paid for parts) I... View More

Michael Joseph Larranaga
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answered on May 3, 2024

Reach out to an attorney. Unfortunately, car shops are not famous for their use of clear service contracts. If you agreed upon a price you may be able to enforce it. More likely, you agreed to pay an hourly rate. Either way, you may need to consider taking the car back and taking it somewhere else.

1 Answer | Asked in Consumer Law for Colorado on
Q: Seller of vehicle did not tell me the reason the car has a salvaged title, can I get my money back
James L. Arrasmith
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answered on Mar 22, 2024

If the seller of a vehicle did not disclose that it has a salvaged title, you may have grounds to seek a refund. This typically involves proving that the seller knowingly withheld information that could affect the vehicle's value or safety. The success of getting your money back often depends... View More

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 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 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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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 Consumer Law for Colorado on
Q: Crime for package being sent but card declined?

Is it a crime if I ordered something on a website but my card didn't go through and the package was still delivered? For backstory I was placing an order for holiday gifts and the company shipped the items but my card declined due to my rent and other bills pulling out. I don't know what... View More

Tim Akpinar
Tim Akpinar
answered on Dec 10, 2023

A Colorado attorney should advise, but your question remains open for two weeks. It does not sound like a crime, because you did not expect the package - which seems to have been delivered as an oversight, and what you describe does not appear to be an intent to deceive or defraud the merchant, but... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Colorado on
Q: My engine was stolen by my mechanic. Car no longer runs replacement engine ran for 50 miles blew head gasket now what?

I have proof that it's different engine my engine was video taped by car dealership 2 days prior when getting oil change. It's an engine that is not compatible with my car. My mechanic denies it but the evidence is overwhelming I contacted the police 2 days ago and they decided it was a... View More

James L. Arrasmith
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answered on Nov 25, 2023

In your situation, where you believe your mechanic stole your engine and replaced it with an incompatible one, it's understandable to be frustrated, especially since the police have deemed it a civil matter. The distinction between civil and criminal matters can sometimes be nuanced. In this... View More

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: I have a storage in colorado. The owner hired other tenants to move and clean it out after I was 1 day over my move out

He didn't not file an lien. He is charging me 500 for tbe labor also he allowed them to enter my other storage to put items out of the first storage. With out my consent or knowledge.

James L. Arrasmith
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answered on Nov 24, 2023

It's important to review the terms of your storage unit rental agreement to understand your rights and the owner's obligations in this situation. Storage facility agreements usually outline procedures for late move-outs, fees, and handling of items left in the unit.

If the owner...
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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: I need to know if the owner of my storage unit can charge me 500.00 for having other tenets clean out my storage after

I was 1 day over my move out day. He allowed them to access my other storage to put some of my items in it.

James L. Arrasmith
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answered on Nov 24, 2023

In Colorado, the rules regarding storage unit fees and access are typically governed by the lease agreement you signed with the storage facility. It's crucial to review this agreement to understand your rights and the owner's rights in situations like being overdue on moving out.... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Colorado on
Q: I'm disputing an overcharged bill for hail damage on car rental. I have proof by pictures i took. What can I do?

Car rental for minor hail damage. They are grossly over charging me. Their pics they took are really bad. I took pics at the same moment I returned it. I also paid $1,000 on that same day that they have not shown on any paperwork. I have requested but they won't show it was deducted off of... View More

James L. Arrasmith
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answered on Sep 27, 2024

To resolve this situation, gather all of the evidence you have, including the clear photos you took at the time of returning the car, any written communications with the rental company, and the proof of your $1,000 payment. Ensure your documentation clearly shows the discrepancy between the rental... View More

1 Answer | Asked in Consumer Law, Employment Law and Tax Law for Colorado on
Q: Can tiktok take your earned comission?

I have a page for my dog, and tiktok shop said I was qualified to start earning comissions by making videos for products people send me. I started doing that last year in October(2023) and was doing really well until December when tiktok shop bots flagged a video that was earning comissions as... View More

James L. Arrasmith
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answered on Sep 9, 2024

It sounds like you're in a frustrating situation, especially since you've put in the effort to create content and earn commissions that are now being withheld. TikTok does have policies that allow them to withhold commissions if they deem content to violate their guidelines, even if you... View More

1 Answer | Asked in Consumer Law and Health Care Law for Colorado on
Q: Am I required to use a health insurance agent I contacted through a phone call?

I'm looking to buy health insurance and I contacted a health insurance company to see if a doctor was in their network. A health insurance agent answered the phone and asked me some personal info and asked me if I agreed to have her as my only agent. If I agreed over the phone to have her as... View More

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2024

A Colorado attorney could advise best, since consumer protections for insurance transactions usually involve state laws. But your question remains open for two weeks. Until you are able to consult with a Colorado attorney, one option is to check with the Dept of Insurance in your state. Most states... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Colorado on
Q: My car is being held against my will for repairs that will not be done. What are my options?

Car was brought in for inspection and repair of hail damage. The car has been inspected and deemed a total loss, so no repairs have been done. I want to pick up the car but repair facility insists upon over $7,000 for “storage and administrative fees”. Again, apart from my insurance company’s... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Nov 15, 2023

First, call your insurance company and ask them to help. If your insurer won't help, ask why and get it in writing. If your insurer cannot resolve it, consider calling the Attorney General's consumer fraud hotline or making a complaint with the BBB. You may need to hire a lawyer if those... View More

1 Answer | Asked in Animal / Dog Law, Banking, Collections and Consumer Law for Colorado on
Q: Will a debt collection agency repossess my dog? how can I prevent that?

I fell behind on payments after losing my job.

The payments were towards a leasing agreement for a dog I purchased over a year ago. The amount on the lease was already much higher than the price that was listed on the dog but I didn't find out until after I signed the leasing... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Colorado, the legality of repossessing a pet under a lease agreement can be a complex issue. Typically, pets are considered personal property, but repossession of an animal raises ethical and legal questions that are distinct from repossessing inanimate objects. If your lease agreement... View More

1 Answer | Asked in Consumer Law and Health Care Law for Colorado on
Q: Can a Dr office charge you more money for your bill after you have paid it in full?

Was seen at an urgent care, paid cash for my bill, & no insurance was charged.

Dr office is now saying they made an error in billing & that I owe more money. I asked for an itemized bill & they are double charging me for an injection fee.

Is this something they can do?

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2023

A Colorado attorney could advise best, but your question remains open for a week. Until you have the chance to consult with a local attorney to look at the claim under state-specific laws, generally speaking it could depend the plan, the time period, applicable fee schedules for the procedure,... View More

2 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for Colorado on
Q: I purchased a home in march 2023. There are so many problems with it. Cracked and crumbling foundation, plumbing and

Electrical issues just to begin with. Seller did not disclose any of this to us. Inspection was done but inspector did not bring this to our attention. What kind of lawyer am I looking for, for this type of matter and would i use the same lawyer against both the seller and inspector?

James A. Greer
James A. Greer
answered on Sep 27, 2023

Dear FAILURE TO DISCLOSE claimant: The type of lawyer you need is a real estate and construction experienced lawyer. And, no, you shouldn't expect to have to hire separate counsel for your claim of (1) Failure to Disclose, and (2) Negligent Inspection. I am hopeful that you have a standard... View More

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3 Answers | Asked in Consumer Law, Civil Litigation and Contracts for Colorado on
Q: prepaid dance lessons for my daughter. She has decided not to use this studio. The dance studio is refusing refund.

Studio is stating that prepaid money cannot be refunded only applied to lessons. Is there legal standing to demand a refund?

T. Augustus Claus
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answered on Sep 14, 2023

In Colorado, your ability to demand a refund for prepaid dance lessons largely depends on the terms and conditions stipulated in the contract or agreement you entered into with the dance studio. It is essential to carefully review the contract, paying particular attention to provisions related to... View More

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1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: Do I have a case to sue a landscaper at fault grade and drainage alteration?

A storm came through in April and flooded around our window wells sending water into our basement damaging areas of two rooms. Builder said landscaper trapped water up against the house with a concrete walkway that didn’t have a drain. A consulting company came and reshot the grade and determined... View More

Kammie Cuneo
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Kammie Cuneo
answered on Aug 15, 2023

The decision to engage in litigation should be economically rational. From the explanation above, it appears that the damage resulting from the original landscaping contractor's has been assessed at about $11,000 (the cost of fixing the errors). It is unclear whether there is a fee shifting... View More

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