Colorado Recent Legal Answers from Lawyers

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Colorado Recent Legal Answers from Lawyers
Page 19 of lawyers' answers to legal questions about Colorado.

Recent Legal Answers

Once the judge signs the dismissal paperwork and it is filed, any order directly flowing from that case is over. But, on some DV cases, there is a civil protection order. That is a different case and remains in effect.
Once the judge signs the dismissal paperwork and it is filed, any order directly flowing from that case is over. But, on some DV cases, there is a... Read More
Your daughter should contact a Colorado personal injury firm.  Unless her injuries are minor, it makes sense to hire a lawyer in these situations for several reasons.  For one, she is unlikely to be treated fairly by the insurance company for the at-fault driver.  Second, there are a lot of other issues beyond simply settling the case that will need to be addressed by a lawyer.  She should not delay in calling a lawyer and should not give any statements to any insurance company. Chris Hoffman Hoffman, Sheffield, Sauseda & Hoffman, PLLC 600 Grant, Ste. 450 Denver, CO  80203 303-333-2200  ... Read More
Your daughter should contact a Colorado personal injury firm.  Unless her injuries are minor, it makes sense to hire a lawyer in these... Read More

How do I get back arbitration papers is that possible

Answered 8 years and 6 months ago by Mr. David B Harrison (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You are entitled to request your medical records and documents you signed from the Physical Therapist. It might be best to consult a lawyer before doing so and make a plan on the best process to obtain those and se exactly what your options are for the entire process.   
You are entitled to request your medical records and documents you signed from the Physical Therapist. It might be best to consult a lawyer before... Read More

Can I file bankruptcy if I am currently out of the country?

Answered 8 years and 6 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
No. You must live in the district at least 3 months & a day.
No. You must live in the district at least 3 months & a day.

Per the FCRA, how reaffirmed cars should show up?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
If you were delinquent on the loan for months, that will still show in your credit report.
If you were delinquent on the loan for months, that will still show in your credit report.

What is a Show Cause Advisement? Can the courts keep me from going on a business trip after showing up?

Answered 8 years and 6 months ago by Mr. David B Harrison (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
It likley will depend on the County you are in, the Judge you appear in front of, what the sanctions you failed to complete were and how far behind you are in completing the sanctions. It could range anywhere from the judge giving you more time to complete the sanctions (and adding something to the sanction), to putting you immediately in jail (although that is pretty rare). I strongly suggest talking to a lawyer familiar with the Court where you have to appear and see if they can help you - possibly they could, if approrpiate, change the court date so that it is after your business trip. ... Read More
It likley will depend on the County you are in, the Judge you appear in front of, what the sanctions you failed to complete were and how far behind... Read More

I have. Charges out of state an need legal assistance

Answered 8 years and 6 months ago by Mr. David B Harrison (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
You will need the assistance of a lawyer in the state where the charges are. 
You will need the assistance of a lawyer in the state where the charges are. 
Short of your mom voluntarily agreeing, and having the ability, to refinance the car on her own, or with someone else, or agreeing to sell the car and have the new owner refinance, I see no way for you to avoid responsibility for the loan for which you contracted.  Unfortunately, since you admit that you "got her a car", not that you got one for yourself and simply allowed her to use it, or lease it, by making payments, you don't seem to have a claim for ownership of the car at this point.  Presumably you intended your mother to pay the loan.  If she doesn't, you can sue her for the money you spend paying the loan and, if she is unable to pay the resulting judgment, may be able to force the sale of the car.... Read More
Short of your mom voluntarily agreeing, and having the ability, to refinance the car on her own, or with someone else, or agreeing to sell the car... Read More

If I have a HELOC but the company missed the title when I sold it, I filled chapter 7 recently, can I be sued for that loan?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
You can't be sued on the HELOC (Home Equity ?Line Of Credit, a type of second mortgage) as long as you listed the creditor in your bankruptcy.
You can't be sued on the HELOC (Home Equity ?Line Of Credit, a type of second mortgage) as long as you listed the creditor in your bankruptcy.

If I have a HELOC but the company missed the title when I sold it, I filled chapter 7 recently, can I be sued for that loan?

Answered 8 years and 6 months ago by Richard N. Gonzales (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Probably not. It is hard to be definitive since your information is sparse, at best.
Probably not. It is hard to be definitive since your information is sparse, at best.

how serious is a Hipaa violation?

Answered 8 years and 7 months ago by attorney Mr. Chris Hoffman   |   1 Answer   |  Legal Topics: Medical Malpractice
I'm sorry to hear this happened to your wife. You can report a HIPAA violation here:  https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf However, there is no right to sue for damages for HIPAA violations.  You might be able to file a suit under a violation of privacy type of theory but it is often difficult to prove any resulting damages. There are practical considerations as well.  Does your wife have an ongoing physician patient relationship with this doctor and if so, do you want to risk harm to the releationship?  Also, I think you can expect the doctor to say that if your wife did not want these things to be discussed in front of your friend, she should have asked him to leave the room.  However, it sounds like your wife may not have had an opportunity to stop him before the cat was out of the bag. As always, the answers I'm giving here are based solely on the limited information I have so it would be best to have a formal consultation with someone specializing in this area of the law. Chris Hoffman Hoffman, Sheffield, Sauseda & Hoffman, PLLC 303-333-2200 www.hsshlaw.com... Read More
I'm sorry to hear this happened to your wife. You can report a HIPAA violation here:... Read More

If I sign an arbitration clause with an auto loan contract and the dealership cancels said contract, is the clause canceled as well?

Answered 8 years and 7 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
In all likelihood, there is no longer an operative arbitration clause.
In all likelihood, there is no longer an operative arbitration clause.

If I sign an arbitration clause with an auto loan contract and the dealership cancels said contract, is the clause canceled as well?

Answered 8 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Usually an arbitration clause in a contract applies to that contract and survives termination of the contract. So, if you have a dispute with Contract A and the arbitration provision specifies it survives termination, then you'd have to handle the dispute under Contract A's arbitration provision. Since there is no arbitration provision in Contract B, any dispute in Contract B would be handled in court. However, given the cost of going to court, if there is no arbitration provision you realistically don't have any remedy except small claims court. Few attorneys are willing to take a case unless the expected damages are over $50,000 or you agree to pay their hourly rate and deposit a retainer of $10,000.... Read More
Usually an arbitration clause in a contract applies to that contract and survives termination of the contract. So, if you have a dispute with... Read More

I am looking to purchase a small business, when do I need to bring a lawyer on to help and look over documents?

Answered 8 years and 7 months ago by Paul J. Hanley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Law
I have been representing purchasers and sellers of small businesses in Colorado for many years.  It is best to have an attorney involved early in the negotiation of the transaction.  How the transaction is structure can have important tax and liability ramifications.  These are implicated from the outset. Often there is a letter of intent or term sheet and an attorney should be consulted with respect to that.  The principal legal document will be a purchase agreement and obviously, it is a good idea to have legal representation at that point.... Read More
I have been representing purchasers and sellers of small businesses in Colorado for many years.  It is best to have an attorney involved early... Read More
Persons who have some type of legal status in a country other than the homeland of persecution would find it difficult to obtain asylum in the US. That is because no country wants to give an individual the choice of applying in that country when he or she could have applied in the first country. In your situation, you have a temporary residence card in Poland and unless circumstances exist such as your also having a fear of persecution in Poland, it is doubtful that you would have a successful case for asylum in this country. Other factors that could affect a decision could be whether Poland allows individuals to apply for political asylum and whether your status in Poland ended and you have no right to return to that country.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More
Persons who have some type of legal status in a country other than the homeland of persecution would find it difficult to obtain asylum in the US.... Read More
Unfortunately there is no reule that requires the police or prosecutors to tell a person there is a warrant for their arrest.  Your husband needs a lawyer - and if he qualifies for the public defender, he shoudl use them.
Unfortunately there is no reule that requires the police or prosecutors to tell a person there is a warrant for their arrest.  Your husband... Read More
I suggest talking to the insurance person, see what they are willing to do for you, and if you are not satisfied, then contact a laawyer. Unfortunately, since the toe nail will no doubt grow back, the damages are fairly minimal in the scheme of things and you may have trouble finding a lawyer willing to take the case on - so if you can satisfactorily resolve it without using a lawyer you may be further ahead. ... Read More
I suggest talking to the insurance person, see what they are willing to do for you, and if you are not satisfied, then contact a laawyer.... Read More
It would only be slander if it was an untrue statement of fact, not opinion.  Thus, if your ex said that you were a jerk, that would not be slander; if she falsely said that you had defaulted in paying child support, that could be slander.  Depending on what the untrue statement was, however, you may be required to prove that you suffered actual monetary damages from the slander (for example, if you were fired because your boss believed the false statement) in order to win yur case.... Read More
It would only be slander if it was an untrue statement of fact, not opinion.  Thus, if your ex said that you were a jerk, that would not be... Read More

Imputed income

Answered 8 years and 7 months ago by Kelli J. Malcolm (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
Colorado provides for imputed income if you can prove that he is underemployed.  Vocational evaluations are used to help the court determine appropirate income.  Mediation can also be used to have him agree to an appropriate income.
Colorado provides for imputed income if you can prove that he is underemployed.  Vocational evaluations are used to help the court determine... Read More

Does a bankruptcy 7 or 13 remove a lien on property or on a bank account placed by a credit card company?

Answered 8 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
A lien from a credit card company is referred to as a judgment lien. Both Chapter 7 and Chapter 13 remove judgment liens.
A lien from a credit card company is referred to as a judgment lien. Both Chapter 7 and Chapter 13 remove judgment liens.
Yes.   At will simply means that an employee can be fired for any reason (other than for reasons prohibited by statute, such as race, religion, etc.) at any time UNLESS there is a contract which limits the employer's right to fire him/her.  A contract which, for example, provides that the employee will be employed for a term of five years and can only be terminated for cause as defined in the contract, would limit the employer's right to fire the employee.    ... Read More
Yes.   At will simply means that an employee can be fired for any reason (other than for reasons prohibited by statute, such as race,... Read More
That depends on whether the company has sufficient contacts with Georgia for a Georgia court to exercise jurisdiciton over it.  You didn't set forth the circumstances giving rise to your claim, but if it arises out of a contract which was to be performed in Georgia, Georgia would probably be able to exercise jurisdiction (assuming that you have no agreement with the company which requires that claims be asserted in some other venue).... Read More
That depends on whether the company has sufficient contacts with Georgia for a Georgia court to exercise jurisdiciton over it.  You didn't set... Read More

What do I do if someone hit my car and totaled it when it was parked outside of my house and I still owe on the car

Answered 8 years and 7 months ago by Linda Jane Chalat (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Automobile Accidents
You should contact your motor vehicle insurance agent to determine if you have uninsured motorist coverage - if so, your insurance company will cover the expense of repair.
You should contact your motor vehicle insurance agent to determine if you have uninsured motorist coverage - if so, your insurance company will cover... Read More

How do i know if i am wanted for something

Answered 8 years and 7 months ago by Mr. David B Harrison (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
You can try going to CoCourts.com and plug in your name and see if there is a case invovling you - with a warrant. Often when police apply for a warrant it gets assigned a court case number so the case might show up there.  
You can try going to CoCourts.com and plug in your name and see if there is a case invovling you - with a warrant. Often when police apply for a... Read More

My aunt threatened to torture and kill my remaining family members and I as well as the new baby and our pets, just hit your 150 character limit

Answered 8 years and 7 months ago by Mr. David B Harrison (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
You can seek a civil protection order which would be a court order to keep her away from you and your family so if she was just present she could be arrested. But you would have to serve her with the temporary protection order so if you do not know where she is that will be difficult. With warrants out for her arrest, if anyone even sees her they can call the local police agency and they will arrest her on the warrants. ... Read More
You can seek a civil protection order which would be a court order to keep her away from you and your family so if she was just present she could be... Read More