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Colorado Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Colorado on
Q: If a “Order to issue citation and citation to show cause” served to me by the other party involved is that illegal?

I was served by my child’s father after one of his visits he gave me a citation to show cause with out a “return of service” does this make it an improper serving? If it pertains to the old court order does it make it invalid?

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jun 2, 2022

The COlorado Rules of Service say that any person 18 years or older and not a party to the case can make service. If this is an ongoing litigation, he may be able to serve you through the courts by mail. This sounds like a contempt citation, which means you should seek an attorney as soon as... Read more »

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can I legally refuse to allow pick up of my child?

Summer schedule started last Thursday after my son got out of school. He spent the first 4 days of summer with me. The parenting plan states, "During the summer break, the parties shall exercise parenting time according to a week on/ week off equal parenting time schedule. Exchanges shall take... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 1, 2022

It is not clear what the schedule is from your description. It is clear for 2020, but not for 2022. You could ask the court for clarification, but the court would expect you and the other parent to work this out yourselves. It does seem that you need a detailed schedule to avoid future conflicts.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What do I do if I can't afford to get my son to his father for his custodial visitation time? We live states away

I live in Colorado and have full custody. His father is in California and gets 2 weeks out of the year visitation.

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 1, 2022

It is essential that you comply with the court order re visitation. The order should set forth how the travel expenses should be paid. Perhaps you can ask your son's father to pay if you truly can not.

1 Answer | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Colorado on
Q: I was illegally kicked out of my apartment and would like to sue for being made homeless. What kind of attorney do I nee

I was initially evicted, but worked with another lawyer to get the eviction removed. I still had to leave my apartment with only a days notice and have since been homeless. I would like to sue them, but I am having difficulty finding what type of lawyer I need to find to help me.

Tim Akpinar
Tim Akpinar
answered on May 19, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. You ask what type of lawyer you need. Out of the categories you chose, landlord-tenant is probably the best place to start. Personal injury attorneys aren't likely to have... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: How are protection orders monitored? Are they watching my home, tracking my location, or watching camera footage?

How are protection orders actively monitored. Am I being tracked in any way?

Christopher N. Little
PREMIUM
Christopher N. Little
answered on May 18, 2022

Good afternoon,

These types of orders are largely passively monitored by the protected party. However, that does not prevent the protected party from hiring a private eye or investigator to monitor another person's activities. I highly suggest that you comply with the Order regardless...
Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Colorado on
Q: What is the statute of limitations in Colorado for a buyer to sue a seller after the sale of a home?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 18, 2022

You will need to hire a competent CO attorney to figure out what the applicable SOL is, as different causes of actions have different SOLs. Despite numerous postings, noone has responded because your question is incomplete. Call one of the CO lawyers listed here on Justia, whom I have noticed... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Colorado on
Q: If I moved to CO from NV w/ my son after circumstances w/ my son's mom. Neither has legal custody. Is it a problem?

My son's mother was arrested in NV for DV against me. She had a Protective Order placed on her for a month afterward. She said she wanted to see our son after the 30 days after the Protection Order ended and never showed. She made 2 arrangements with me and never showed up. The mom's... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on May 16, 2022

You will need to deal with the court case in NV. Yes, you can be served in Colorado. You should get a lawyer in NV to help you with this. There may be an issue whether NV or CO should make the custody decision.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Colorado on
Q: My ex-girlfriend stole my cat. Can I get my cat back?

My ex-girlfriend showed up to my apartment uninvited requesting to retrieve the remainder of her items. I allowed her in and she ended up staying a while. I had fallen asleep and when I woke up, my ex and my cat were both gone. I had adopted the cat after we broke up and have documentation that I... Read more »

Juliet Piccone
Juliet Piccone
answered on May 15, 2022

Yes you can still sue her for replevin. I’d also add claims for civil theft (possibility of being awarded attorney fees and triple damages), and also a claim for conversion which has a different mental state requirement than civil theft. The key is getting a show cause hearing set.

The...
Read more »

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Do I have to pay child support if I signed away my parental rights in Colorado? How can I find a copy of the document?
John Hyland Barrett III
John Hyland Barrett III
answered on May 10, 2022

I'm not sure what you mean by "signed away my parental rights". If the child has been adopted by another parent, your child support obligation ends as of that date. You can still be responsible for any amount owed before then. You should be able to get a copy of what you signed from the court.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Family law,and out of state custody

How do I go about getting a lawyer in North Carolina, I live in Montrose Colorado,and I'm trying to get my daughter's back from their father wrongfully removed them,and no his mother is trying for custody

John Hyland Barrett III
John Hyland Barrett III
answered on May 9, 2022

I suggest contacting the bar association in that area and request a listing of local attorneys who do custody work. That should give you a start. Good luck.

1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: Can a sheriff department deny an inmate any and all phone calls? I was told my son has not " earned" phone privileges.
James W Newby
James W Newby
answered on May 4, 2022

You are not the first person to be confused by the inmate phone system. First off, the inmate must call you. You cannot call the inmate. Calls are not free so payment must be arranged for the inmate to call you.

If you deposit money online in the INMATE ACCOUNT then they have the freedom...
Read more »

1 Answer | Asked in Adoption and Family Law for Colorado on
Q: If X owes arrears, current order terminated, how does one collect payments when there is no set monthly pymt agreement.

There is no monthly court ordered amount due. Court order only shows full total of arrears due. Can one pay bare minimum of $10 since it's not a court ordered monthly amount to pay and he's still paying? Current order was terminated due to child being adopted.

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 29, 2022

The entire amount of arears is now due and owing. You can get a judgment and garnish wages/bank accounts. There is a limit on the wage garnishment percentage depending on whether the ex is supporting another family and how old the arrears are, but you can get around 50%+ of take home income. you... Read more »

2 Answers | Asked in Immigration Law for Colorado on
Q: Is it possible to travel internationally with an expired 24-months extension letter while the I-751 case still pending?
Agnes Jury
Agnes Jury
answered on Apr 19, 2022

No, you should not travel without proof of valid immigration status. You can call USCIS and schedule an appointment to have your passport stamped to extend the validity of your conditional permanent residency while you await adjudication. Best wishes!

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1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: Need help interpreting a construction proposal agreement

After project completion contractor want to charge extra for changes made during construction to meet code. The agreement states that "Any additions, alterations, or deviation to this proposal involving extra costs, will be executed only upon written orders and will become an additional... Read more »

James A. Greer
James A. Greer
answered on Apr 16, 2022

Dear Owner Facing Post-Performance Claim for Extra Contractual Payment: Your question has two areas of focus, the issue of a post-performance claim for Extra Payment and the potential pursuit of indemnity for the extra charges as against your Design Professionals. First, with regard to the issue... Read more »

1 Answer | Asked in Civil Rights, Family Law, Child Custody and Juvenile Law for Colorado on
Q: Whats the process in sueing an attorney for misconduct in the state of Colorado?

Court appointed atty for Child Protective Services is the 2 atty that displayed misconduct. The proof comes in the form of the attys text messages & emails along with the behavior in which they displayed and the verbal things that were said to the client

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Apr 14, 2022

This may be a professional misconduct referral. There is not enough information here to discern whether this is a legal malpractice issue, or a breach of professional ethics. If this is an ethics issue, then you should make a complaint to the Office of Attorney Regulation COunsel. If this is an... Read more »

2 Answers | Asked in Estate Planning for Colorado on
Q: Hi there. This is a Colorado question. General or durable financial POA. Thank you kindly!

Can someone in Colorado who is a financial POA with no restrictions contact the principal's insurance company to find out if the principal has paid their premiums?

Kevin Michael Strait
Kevin Michael Strait
answered on Apr 13, 2022

In Colorado, a general power of attorney (PAO) gives broad powers to the "agent" allowing the agent to do things on behalf of the "principal". Common tasks are financial transactions, real estate transactions, paying bills, opening mail, and signing documents. The agent only has... Read more »

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1 Answer | Asked in Car Accidents for Colorado on
Q: My vehicle has been repossessed and sold all while waiting for a payout from a fully insured ma who crashed into my car

What do I do next

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2022

A Colorado attorney could advise best, but your question remains open for three weeks. Based on the limited information in the description, an attorney would need to sort out what happened here - insurance issue, property damage adjustment issue, payment issue, liability issue in accident, etc. If... Read more »

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Colorado on
Q: What are my steps when a law firm threatens to sue for something where the statute of limitations has expired?

I received a strongly worded letter from a law firm threatening legal action in the form of a lawsuit over an unpaid debt. They also said that it’s been noted that I attempted to basically defraud the collector because I allegedly closed a bank account. (Don’t recall this) The debt itself I am... Read more »

David Luther Woodward
David Luther Woodward
answered on Apr 12, 2022

first of all, go see a good bankruptcy/financial distress lawyer. It sounds to me like the statute of limitation might have run. If that is the case, then you have an action against the law firm.

That aside, bankruptcy could be your solution, but only a good local lawyer can give you that...
Read more »

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1 Answer | Asked in Car Accidents for Colorado on
Q: Need help with raising price offered in auto insurance claims

My car was rear-ended in an accident and responsible party's insurance have accepted all the liability. However, the price offered to cover my losses are not enough based on the existing market.

Almost all the lawyers I've heard specializes in accident injury claims, can someone... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 9, 2022

A Colorado attorney could answer best, but your question remains open for two weeks. If this involves a repair, you could request a revisit of the property damage appraiser to the shop to review their labor and parts estimates with the collision techs. Carriers will sometimes revisit their figures... Read more »

1 Answer | Asked in Employment Law, Family Law, Real Estate Law and Business Law for Colorado on
Q: can I sue my partner for kicking me out of our business/property

my sister and I inherited the family business she has never treated me as a partner we have rental units I have been fired from the family business that I have been involved for 50 years At this point I wander is my sister up to the challenge of running our business she has saver medical issues

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 8, 2022

Dissolution of the Partnership could be an effective action. If land is involved, a Partition Action might lie. Hire a competent CO attorney to examine the case and file suit.

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