Colorado Civil Litigation Legal Questions

Rigth now you haven't asserted any sort of claim, so you have no more rightst han any other member of the public to view hte footage which, unles there is some statute in Colorado which allows you to do so (I doubt it, but it's possible) is none.  If, however, you start a lawsuit allegeing negligence, you would then have the right to view the footage as part of discovery in that suit.  Under certain circumstances, you are also allowed to take discovery before filing suit, but I don't know if you can do that in CO, or what the requirements would be.... Read More

Each party to a lawsuit pays their own attorney unless (a) the contract they're suing over provides for the prevailing paryt to collect attorneys fees from the loser; or (b) an applicable statute provides for the winner to receive attorneys' fees.  You need to check your contract to see if it has an attorneys' fees provision.  I don't think there are any statutes covering your claim, but I don't know Colorado law and there could be a consumer protection statute which might apply and which provides for attorneys fees.... Read More

Hello Bethany, I am sorry to hear your child's godmother is facing this stressful situation. First and foremost, the lease will be controlling as to the terms of the tenancy for both your child's godmother and her roommate. In light of that, an attorney would need to review the lease to give you a full answer to this question. It is unclear to me whether the roommate situation is that both people are living in the same dwelling, or if it means that they are actually sharing the same bedroom. That is an important distinction. Generally, and without reviewing the lease, I find it unlikely that the roommate would have any right to exclude your child's godmother from a portion of the dwelling. Typically, by paying rent a person is granted the right to access an entire dwelling subject to any terms of the lease that dictate otherwise. However, the roommate almost certainly does not have a right to pack your child's godmother's belongings. The roommate also likely cannot force your child's godmother to surrender half of her bedroom to be used for the roommate's office space. The roommate also cannot force your child's godmother to terminate the lease.  Has your child's godmother reported the situation to the landlord? This entire situation is something that a good landlord should be able to address. My recommendation is your child's godmother first try to resolve the situation with the help of the landlord. If the landlord is unable or unwilling to help, your child's godmother should contact an attorney who can review the lease and, if proper, communicate with the landlord to ensure the landlord is following the terms of the lease and the broader requirements of the law. It may be the case that a lawyer finds it proper to deal with the landlord directly, with the roommate, or both. ... Read More

Although anybody can be sued for anything, the fact that your children happen to live with you does not make you liable for accidents they get into while driving their own car.  Of course, it's always wise to have sufficient automobile insurance to cover claims, so that nobody has to worry about losing their life's savings.... Read More

If someone makes a false abd defanatirt statement of fact about you to other people, you may have a claim for defamation.  In cases like yours, where I assume that you have no actual monetary damages, one critical issue is likely to be whether the defamation (oral defamation is slander, written defamation is libel, with a few small differences) is considered defamation "per quod", a particular type of defamation (usually a false statement that naturally tends to damage your professional reputation).  If it is defamation per quod (not being a Colorado attorney I don't want to opine on whether your particular case is per quod or not), you can pursue your claim without having to show actual monetary damages; it it is not, you would have to show actual damages to recover anything.... 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 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

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

School's have written policies prohibiting sexual harassment and bullying. If either is occurring after you have given notice to the school, yoiu may have the right to sue. However a suit against a public administration requires that you file a notice of intent to sue within 180 days of the incident complained of. A suit against a school district requires experience and a will not to give up. Do not treat this as legal advise about your case, because I do not have sufficient information cancerning your matter.Act quickly. If you need assistance, please feel free to call 303-2890-8008.... Read More

You don't set forth on what basis you foreclosed on the property, but assuming that you foreclosed as part of a process to set off the value of the property against a debt, rather than foreclosing on a non-recourse mortgage (which limits your recovery to the property provided as security, regardless of whether it is sufficient to cover the debt), the debt would only be reduced by the value of the property which would be reduced by the amount of damage, or clean up costs (whichever is less).  You still retain all collection remedies to collect the balance of the debt.  After you have obtained a judgment you may, for example, garnish the debtor's income, levy on other assets such as bank accounts, etc.... Read More

You can get a protective order and probably should.   You cannot remove her possessions as she has established your home as her residence.  You need to evict this person.  The protective order will prevent her from living ther while you move through the eviction process.   You should consult an attorney to help you with this complex issue.  Call 303-688-0944 and ask for a free consultation as a referral from Lawyers.com.   ... Read More

I'll be happy to help you.  We offer a free 30 minute consultation to understand the situation and help you to decide on the best course of action.   Call 303-688-0944   Or EMail - Trevor@RobinsonandHenry.com   Or book online at http://www.robinsonandhenry.com/contact/make-an-appointment/ ... Read More

YOu have $25K on the line!  Please consider having a live consultation with an attorney to explore all of you options and how to best proceed. If the person you are sueing is in New Mexico you may have to bring the case there and would need a New Mexico Attorney.  But, dependant upon the facts you may be able to bring the case in CO, this would be advantageous to you.  ... Read More

Unless you can get the Judgment set aside for excusable neglect or improper Notice, your pay will likely be soon garnished to pay the judgment. You may consider hiring an attorney to discuss your options, most will offer you a free consultation to get a full understanding of the facts and have a discussion with you.     Good luck!... Read More