Colorado Business Legal Questions

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100 legal questions have been posted about business law by real users in Colorado. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include business formation, business litigation, and business planning. All topics and other states can be accessed in the dropdowns below.
Colorado Business Questions & Legal Answers - Page 4
Do you have any Colorado Business questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 100 previously answered Colorado Business questions.

Recent Legal Answers

For tax purposes, a like-kind exchange is not taxable except to the extent of the cash that changes hands. If you trade your Ferrari for my Chevrolet, and no cash changes hands, you do not have income or loss from the transaction.
For tax purposes, a like-kind exchange is not taxable except to the extent of the cash that changes hands. If you trade your Ferrari for my... Read More
No. As a general matter, a taxpayer is required to sign his own return unless he is outside the country or ill. This topic is covered by Treas. Reg. 1.6012-1(a)(5). You can prepare the return and send it to him for execution and filing.
No. As a general matter, a taxpayer is required to sign his own return unless he is outside the country or ill. This topic is covered by Treas. Reg.... Read More

What steps do I need to take to saftey test, and patent baby products that I make and sell through my small business?

Answered 14 years and 2 months ago by Michael Katz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Obtaining a patent is a very long and expensive process.  This is something that requires the expertise of a patent lawyer and not a "mere" business lawyer.  My best suggestion is to consult the phone book or internet for a qualified patent attorney.  You can also visit the United States Patent and Trademark Office online at www.USPTO.gov"   Michael J. Katz Corporon & Katz, LLC... Read More
Obtaining a patent is a very long and expensive process.  This is something that requires the expertise of a patent lawyer and not a "mere"... Read More
Assuming the terms of the agreement are reasonable and customary, if you refuse to sign them and are terminated, you will probably not be eligible for unemployment compensation.
Assuming the terms of the agreement are reasonable and customary, if you refuse to sign them and are terminated, you will probably not be eligible... Read More

does a company have to provide you with some from of proof before they being to garnish your pay, i am being garnished?

Answered 14 years and 2 months ago by Michael Katz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Business
Yes.  There must be a court order.  So that means that you must be able to go to the court house and find the case against you.  If there is none, then the garnishment is illegal.   Michael J. Katz Corporon & Katz, LLC
Yes.  There must be a court order.  So that means that you must be able to go to the court house and find the case against you.  If... Read More

I would like to know can a person sue a mortgage company for over payments illegal fees and Foreclosure Loan was 50.000 now it''s 86,000

Answered 14 years and 2 months ago by Michael Katz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Business
The first thing that I would do is speak with the Colorado Attorney General's office.  I believe that have a liaison that can explain the basics of a foreclosure.  If the foreclosure has begun, you have a right to contest it in several ways.  First, if you have proof that you made all of the payments, you have a right to contest the "Rule 120" hearing.  The purpose of this hearing is to determine whether in fact, you are in breach of your loan agreement.  If you are just contesting the amount, the only real way to do that is to talk with the attorney that is foreclosing on the property or send notice to the public trustee that you intend to cure and that you want a full accounting of the cure provisions.  As noted in a previous answer, you should consult an attorney.   Michael J. Katz Corporon & Katz, LLC... Read More
The first thing that I would do is speak with the Colorado Attorney General's office.  I believe that have a liaison that can explain the basics... Read More
As a general matter, criminal records cannot be expunged, and you should have very low expectations regarding this kind of effort. You should consult an attorney who practices criminal defense law in your area for help in determining whether expunction is possible.
As a general matter, criminal records cannot be expunged, and you should have very low expectations regarding this kind of effort. You should consult... Read More

Is it legal for a detective to search my restaurant with a warrant.

Answered 14 years and 2 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
I strongly recommend that you consult with a local attorney who practices criminal defense law. As a general matter, your membership in a minority group will probably not do you much good in these circumstances. However, if the police have no warrant for any of the subsequent searches, there may be a problem (generally, a warrant is good for one search, not multiple searches at arbitrary future dates). An attorney may be able to assist you in resolving the problem. See an attorney.... Read More
I strongly recommend that you consult with a local attorney who practices criminal defense law. As a general matter, your membership in a minority... Read More
The biggest hurdle that I see is the governmental immunity act in Colorado.  This requires you to notify the city within a very limited time that you intend to sue.  I believe that waiting 1 year may result in you not being able to sue them.  Next you state that you were robbed but that when the police came the officer was "...on sight and viewed "them" removing the inventory on the video but told them to "go ahead and leave anyway".  So it sounds like the police were there when the person was removing inventory but let the person go.  On the other hand, if you only have a video of someone stealing from you, then the police did not "let them go ahead and leave anyway."  So I'm not sure the fact pattern.  If you could be more specific we may be able to give other advice.... Read More
The biggest hurdle that I see is the governmental immunity act in Colorado.  This requires you to notify the city within a very limited time... Read More
The facts you post do not set forth any obvious violation of law, although they are not completely clear. If in doubt, see an attorney.
The facts you post do not set forth any obvious violation of law, although they are not completely clear. If in doubt, see an attorney.
If you belong to a labor union, your union should take this matter up with the employer. That's what unions are for. The filing of a grievance may be appropriate. Consult your union rep.
If you belong to a labor union, your union should take this matter up with the employer. That's what unions are for. The filing of a grievance may be... Read More
It is possible that you will have a claim, although it may be difficult to interest a medical malpractice attorney in taking your case. This is so because of the difficulty in proving damages relating directly to the omitted MRI on the first visit (as opposed to the underlying condition itself). You'll need an attorney, so start looking if you decide to go this route.... Read More
It is possible that you will have a claim, although it may be difficult to interest a medical malpractice attorney in taking your case. This is so... Read More
Please re-read your question. It really is impossible to answer because it is inartfully phrased. As a general matter, an employee must be paid promptly. In most cases, that will be at the end of the regular pay period.
Please re-read your question. It really is impossible to answer because it is inartfully phrased. As a general matter, an employee must be paid... Read More

Should I contact a lawyer for plasma donation complications/ neglect

Answered 14 years and 3 months ago by Michael Katz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Business
First you should go to your doctor and find out what he or she says.  With that information in hand you may be ready to seek the advice of a competent personal injury attorney.
First you should go to your doctor and find out what he or she says.  With that information in hand you may be ready to seek the advice of a... Read More
Under some circumstances, yes. First, the account agreement you signed when you opened your account gives the bank express rights to discuss the account with certain designated third parties. Second, the bank has the right to discuss its relationship with you in order to protect itself against certain kinds of losses, including fraud. As a general matter, the bank may not disclose information about your account to third parties, but it may ask questions about you.... Read More
Under some circumstances, yes. First, the account agreement you signed when you opened your account gives the bank express rights to discuss the... Read More

I fell down in my apartment comlez stairway because of no lights in the stairways. Are the responsible

Answered 14 years and 3 months ago by Michael Katz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
They may be.  If it is their responsibility to maintain the hallways and if they had notice that the light was burned out prior to the time you fell, you may have a claim against them.  A personal injury is called a "tort" and you should look in your local area for an attorney who specializes in personal injury/tort cases.   Michael J. Katz... Read More
They may be.  If it is their responsibility to maintain the hallways and if they had notice that the light was burned out prior to the time you... Read More
Interesting business model. You will find that you have tremendous difficulty finding an attorney to advise you regarding a scheme that involves deceit regarding the nature and objects of your business. While the principal risk in such an activity might be that you obtain money or property by false pretenses, that doesn't seem to be an element of your business plan. Nevertheless, obtaining "fans" or third-party endorsements will necessarily involve making statements to the public regarding the objectives of your business and what can be expected by fans if they sign on. If these statements are false, you may, at least in theory, be exposed to liability.... Read More
Interesting business model. You will find that you have tremendous difficulty finding an attorney to advise you regarding a scheme that involves... Read More

How do I petition to dissolve a business partnership in Colorado?

Answered 14 years and 4 months ago by Michael Katz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Colorado partnership law is found a Colorado Revised Statutes 7-60-101 et seq.  As with a corporation, you must "wind-up" the affairs of the partnership as a precondition to the final and complete dissolution of the business.  Winding up means means that you make sure that all of your creditors are paid in full.  If there are creditors that are not so paid, then even after the partnership is wound up, the partners will remain personally liable for the debt.  Winding up also means that you file with the Secretary of State the "Statement of Dissolution".  This form can be found on the Secretary of State's web site.  This filing assumes that you have originally filed a "Statement of Partnership Authority" with the Sec'y of State.  Finally winding up means that you square with all of the partners the distribution of and final taxation of all of the partnership property that remains after all debts are paid.  This normally is done by written agreement between the parties.  I hope that helps. Michael J. Katz 303-790-4103   ... Read More
Colorado partnership law is found a Colorado Revised Statutes 7-60-101 et seq.  As with a corporation, you must "wind-up" the affairs of the... Read More
As a general matter, your employer has no duty to give you either paid or unpaid time off to attend minor medical problems with your children.
As a general matter, your employer has no duty to give you either paid or unpaid time off to attend minor medical problems with your children.
You will need to make full disclosure to your employer and pay the supplemental appropriate premium. You may have difficulty continuing your ex-wife under your employer's policy because her COBRA election period has expired.
You will need to make full disclosure to your employer and pay the supplemental appropriate premium. You may have difficulty continuing your ex-wife... Read More

My daughter bought a car, and the dealership failed cash her loan check prior to it voiding. Is she responsible to get a new loan or not?

Answered 14 years and 4 months ago by Michael Katz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Dear Sir or Madam      In the most simple terms, one cannot keep something for which she has not paid.  Having said that, if your daughter was given the loan in the first place, and the check was issued, I'm not sure why the loan was "canceled" merely because the check did not cash.  It should be treated as a lost instrument for which you can get a new check (for which fees may be charged).      It sounds however like your daughter cannot now afford the car.  If that is the case, then she should contact the seller and discuss returning it to them.  Since it was their failure to properly process the documents, I would negotiate giving back the car without having to pay anything for depreciation or use.  But for the car dealer's negligence, there would have been loan in place. Sincerely,   Michael J. Katz 303-790-4103 Attorney at Law  ... Read More
Dear Sir or Madam      In the most simple terms, one cannot keep something for which she has not paid.  Having said that,... Read More

Can I sue the business owner of an autobody shop for neglect because my car was stolen from their property and wrecked?

Answered 14 years and 4 months ago by Michael Katz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Business
The simple answer is yes.  When you deliver your car to them for work, they are taking possession and are promising to return it to you.  Their failure to do so permits you to sue for its return or for the equivalent amount of money.   Michael J. Katz Attorney at Law
The simple answer is yes.  When you deliver your car to them for work, they are taking possession and are promising to return it to you. ... Read More
It is legal if they are clearly identified as "replicas" or by similar adjectives.  If they are passed off as the genuine item, then the retailer may be using false advertising.   Michael J. Katz Attorney at Law
It is legal if they are clearly identified as "replicas" or by similar adjectives.  If they are passed off as the genuine item, then the... Read More
Yes. Unless and until title to the property passes to a new owner, you will have to pay rent to the current owner. Once the property changes hands through foreclosure, you will have to pay rent to the new owner.
Yes. Unless and until title to the property passes to a new owner, you will have to pay rent to the current owner. Once the property changes hands... Read More
No.
No.