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Colorado Small Claims Questions & Answers

1 Answer | Asked in Small Claims, Civil Litigation, Landlord - Tenant and Libel & Slander for Colorado on

Q: What action to take when forcibly kicked out with no notice?

My landlord on a month to month single room rental that had no lease kicked me out of the house mid month with rent completely paid up to the end of month. He gave no notice at all and forced me to leave immediately without getting all of my belongings, he also forced me to give back my house key... Read more »

Donald C Eby answered on Jun 16, 2019

You may want to bring a claim for damages in Small Claims Court.

1 Answer | Asked in Animal / Dog Law and Small Claims for Colorado on

Q: Can you try and win custody over a dog that is obviously not treated right?

It's a room mate's dog and he treats the dog terribly. Leaves the dog locked in a cage that is too small, hardly ever leaves suffifient food or water(you can see the ribs of the animal). And refuses to take the dog to a vet for very simple necessities. I have told him that he needs to feed her... Read more »

Kristina M. Bergsten answered on Feb 25, 2019

You need to call animal control. This sounds like severe neglect. Even then, that does not necessarily mean the dog will be confiscated by animal control - although, if the dog's ribs are showing that is more likely to happen than not. If the dog is confiscated by animal control, after a certain... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Colorado on

Q: My ex property management screwed me over and come to find out I’m in debt and robbed me. Nobody can seem to help me.

I had a contract with my ex property management which stated the tenants who live at my home were supposed to be responsible for damages they caused to my home and the tenants were supposed to switch the metropolitan water, sewer and trash to their name and they never did. She robbed me and nobody... Read more »

Donald C Eby answered on Feb 15, 2019

You should initiate a breach of contract suit in Small Claims Court.

1 Answer | Asked in Small Claims and Real Estate Law for Colorado on

Q: Can I be reimbursed for a Warranty Deed if the seller defaults?

Apparently the seller was a third party, and I have been paying her monthly installments for a parcel of land in Colorado. Come to find out, she has not been paying. Was recently notified by the actual owner of the land that she defaulted. Can I file against the seller that I signed a contract... Read more »

Donald C Eby answered on Jan 31, 2019

You may have a fraud or a breach of contact case. You should contact an attorney to discuss the details more specifically.

1 Answer | Asked in Personal Injury and Small Claims for Colorado on

Q: Truck pulling from stop sign throws up a rock and chips the window of car behind. is first car liable for $$?

I say they were too close to the truck that threw the rock up, when accelerating from a stop sign. The road is a rough highway with gravel everywhere along the sides of the road. Thank you!

Peter N. Munsing answered on Jan 23, 2019

I'm with the car owner, but they have to show you were careless in how you pulled away or didn't have mudflaps etc.

1 Answer | Asked in Real Estate Law, Contracts and Small Claims for Colorado on

Q: Property recovery from an ex his name is on my rental property and will not take it off

I tried to pay him off but he did not accept the offer, I have a written agreement between us that states any and all property investments and items go back into the original owners hands and anything bought after the original date we set would go back to the person who invested the most money into... Read more »

John Hyland Barrett III answered on Oct 2, 2018

At this point, you need to involve the court to enforce your agreement. You should retain an attorney to help you with this.

1 Answer | Asked in Car Accidents, Personal Injury and Small Claims for Colorado on

Q: If I sell my granddaughter My vehicle on payments. And the title remains in my name.

If she causes a serious accident. Can I be sued ?

Peter N. Munsing answered on Sep 4, 2018

possibly. You'd want insurance because if she lets it drop, has a wreck, as the owner of an uninsured vehicle you can be on the hook for all the damages she causes.

1 Answer | Asked in Real Estate Law and Small Claims for Colorado on

Q: My neighbor has a tree and it’s roots are causing damage to my driveway. Who is responsible for damages?

If I wanted to repave my driveway I would not have an even surface because of the roots.

Donald C Eby answered on Jun 15, 2018

The roots (not the tree) is on your property, you can cut them.

1 Answer | Asked in Business Law, Small Claims and Civil Litigation for Colorado on

Q: I'm a designer. I hired a contractor. He built kitchen cabinets and hired a finisher to finish them.

The finish is defective and the cabinets have to be re-finished (for $10,000). Who do I take action against (in small claims court)? The contractor that I hired or the finisher that he independently hired.

D. Mathew Blackburn answered on Apr 28, 2018

It would a county court case which has jurisdictional authority on cases between $7,500 and $15,000. You would have to determine venue (Which county to file in) under the court rules. Generally you would sue everyone that did not fulfill their obligations under the contract. In this situation it... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for Colorado on

Q: Rent to own homewner is claiming he did not receive money order for monthly payment.

It was dropped off on 4/8 and trackinf shows it cashed 4/10. He did not contact us until 4/15 to claim he did not get it. He is demanding a late fee and a double payment on the next due date. He also is requesting we revise our original agreement. He has not specified the changes he wants. We've... Read more »

James Alan Greer answered on Apr 21, 2018

Dear Potential Eviction Client: While I endorse the efforts you are making to show the Owner that the Owner endorsed the payment, in the meantime if you are able to afford it I would strongly recommend you go ahead and expedite making the payment that is being demanded (a second time, in your... Read more »

1 Answer | Asked in Consumer Law, Contracts, Animal / Dog Law and Small Claims for Colorado on

Q: Who is liable if a dog does damage to their owner's property?

I was checking in on someone's dogs twice a day for ten days while they were away. They did damage to the owner's property. I agreed to feed and water them. Let them out in the morning and inside in the evening. They are not denying that I did that, but they want me to pay for damages that I... Read more »

Kristina M. Bergsten answered on Apr 6, 2018

This is an interesting question with no clear answer. The only way the owner could collect money from you is if the owner sues you in court and wins. Since the dogs were not yours and you performed your agreed upon duties, I think you have a viable defense that the damage is not your... Read more »

1 Answer | Asked in Animal / Dog Law and Small Claims for Colorado on

Q: What are the laws pertaining to claiming ownership of lost pets?

The other night we took in a dog wandering on the street to get it off the street and in a safer environment. I have posted her picture in a few large facebook groups in my city trying to locate her rightful owner and we have taken her to the Humane Society and found she has a chip but it has been... Read more »

Kristina M. Bergsten answered on Mar 8, 2018

Technically, animals are considered property in Colorado and the law on abandoned property is that the legal rights of the original owner are not severed until 5 years have passed. Obviously, that is a long time in the life of a dog. Shelters can sever ownership after 5 days. Given that you do not... Read more »

1 Answer | Asked in Small Claims and Employment Law for Colorado on

Q: what is my legal stance on getting my final check from past employer who refuses to pay.

Past employer refuses to pay final check. Check is also missing correct overtime and commissions. claiming the check is going towards a minor fender bender I was apart of months prior in company truck on the clock. I exchanged insurance information and continued working, after I started a new job... Read more »

Adam Kielich answered on Jan 21, 2018

In Colorado you can either file a lawsuit or file a wage claim with the Colorado Department of Labor and Employment. Which is the better option for you is impossible to say without knowing more facts about your situation. You should talk to an employment attorney in Colorado. In some cases you can... Read more »

2 Answers | Asked in Real Estate Law and Small Claims for Colorado on

Q: Bought a house and discovered the previous owner flipped the house without pulling permits. Garage damaged, recourse?

We discovered the damaged garage one month after closing, which prompted us to check to see if he had pulled permits on the garage and found out he didn't pull any permits for anything, including the interior renovations, roof, fence, garage.

Vincent Gallo answered on Sep 26, 2017

What you are referring to are documents that are readily available in the public records. Why didn't you look into this before you closed?

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1 Answer | Asked in Real Estate Law and Small Claims for Colorado on

Q: Bought a house a little bit ago. My ex is on the title but not the deed I am on both. Do I need his consent to sell?

He wanted to sell and now he doesnt and he keeps telling me I cant sell with out his consent. I am the one who pays the bank, the house is in my name, he had bad credit so I put him on the title in hopes of building it. I found something about tenancy in common vs joint tenancy does that apply... Read more »

Vincent Gallo answered on Sep 21, 2017

What do you mean that he is on the title?

1 Answer | Asked in Small Claims for Colorado on

Q: Can I sue the pet sitter and get my money back?

I hired a guy to pet sit at my house. He was the boyfriend of my friend's daughter. I paid him $600 cash up front with written instructions on how to care for my animals. I deem that a contract. From watching my camera, he would leave at 10:30am in the morning and not come back until 2:00AM. He... Read more »

Tristan Kenyon Schultz answered on Sep 13, 2017

You can sue in small claims court. You can visit the Colorado Courts webpage for all the forms.

For technical (legal) advice you may want to contact a lawyer. Expect to pay for the lawyer's time.

1 Answer | Asked in Small Claims for Colorado on

Q: We were given a verbal quote of $2500 and one month for repair of our car. It has been 11 months and the bill is now

$4200 which we never authorized. What do we do? He is requiring immediate payment or storage of $35 per day. We have already paid $1000 to machine shop. $350 in parts and $1000 in payments to mechanic. We do not have the balance right now. What do we do?

Tristan Kenyon Schultz answered on Aug 16, 2017

Clearly there is more to this story.

Your options are: (1) litigation in small claims-request replevin or (2) pay the amount.

The lack of a written quote presents an evidentiary problem for both sides because it allows both sides to interpret the facts differently with little to...
Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Colorado on

Q: can I file for a certificate of review myself or do I need an attorney to file it , in small claims?

Tristan Kenyon Schultz answered on Aug 8, 2017

While a lawyer can be very helpful (esp. with understanding the law), a lawyer is not required for any litigation in which you represent yourself (aka pro se).

1 Answer | Asked in Real Estate Law and Small Claims for Colorado on

Q: Neighbors burned down part of our fence with fireworks and now they're trying to get me to pay for half.Do I have to?

John Roland Lund answered on Jul 27, 2017

No. While under some circumstances there might be a shared obligation for regular maintenance of a boundary fence, that would not include having to repair damage carelessly caused by a co-owner. They should consider turning it in to their homeowner's insurance company.

1 Answer | Asked in Small Claims for Colorado on

Q: In Colorado can someone take you to court and make you pay a loan your name is not on?

A few details of why we are 2011 a loan was signed on a vehicle (our names no where on the loan) the truck this lady is trying to get us to pay for was involved in a wreck, at the time of the wreck one of us was driving so the name is on the accident report. she voluntarily had the... Read more »

Tristan Kenyon Schultz answered on Jul 14, 2017

Based on your facts it is possible for a claim to be filed to recoup some or all of the damage related to the accident. You cannot be made to assume another person's debt, unless there are other factors involved that are not mentioned. Whether a claim is filed and/or whether the claim will be... Read more »

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