Colorado Civil Litigation Legal Questions

Your contract may have been breached and you may have the right to resale the home.  But the question is do you have to repay the buyer $15,000?   You will need to consult a local attorney to review the documents and facts more closely than this forum allows.     Good Luck!... Read More

A garnishment is based on a judgment.  Apparently, you were sued and lost, and a judgment was entered against you.  From the question, it seems as if you didn't know about the lawsuit, and the judgment may have been entered on default.  If you were never served with the summons for the lawsuit, you can get the judgment vacated, and the garnishment will fall as well. The judgment creditor may sue you again (it is not the attorney garnishing your wages, it is his client, the judgment owner; the current judgment holder), but may be unable to because the statute of limitations may have expired.  If it has not, and you signed the lease, it does not appear that you have a defense to the claim.  You and your ex may have agreed that your name would be taken off the lease, but that was between the two of you and does not bind the landlord.  You can't be removed from your obligation under a contract without the other contracting party's consent.  However, if you did have such an agreement with your girlfriend, which she breached, you may be able to sue her estate for any money which you are forced to pay on the lease.... Read More

The website is correct, except that it left out situations where the parties' contract provides for the payment of attorneys' fees.  Does your daughter's contract with the house cleaner provide for attorneys' fees?  Absent such a contractual provision, as the website describes, attorneys' fees can be allowed pursuant to statute (e.g. a statute which provides that the prevailing party in such a suit can recover attorneys' fees from the loser.)  Also, technically, anyone can be SUED for anything; the question is whether the suing party can win.... Read More

If someone obtained a judgment against you it is their responsibility to then properly enforce the judgment through a collection process.   If you cannot settle the debt with the creditor you may want to consider bankruptcy, you'll want to speak with an attorney about the ramification of bankruptcy.  ... Read More

Probably not.  If the husband and wife are separated and not living together service on the spouse will not likely be sufficient.  Additionally, if you intend to bring your case in CO, serving the parties in TX is unlikely to create jurisdiction for the CO Courts.   If you want to bring this case you should consider hiring an attorney to assist you.... Read More

I don't understand.  You say that the check is for what is owed.  Thus, you have no damages remaining to win your suit on.   Even if you are owed more it is unlikely that cashing the check will have a negative impact on your case but it is impossible to determine for certain without seeing the check and fully understanding the facts.     Good Luck... Read More

Your first concern is your health.  Once you are stable health wise you should consider consutling an attorney to discuss your case in detail.  It is likely that your date has some liablility for harming you.  However, once you obtain a judgment will you be able to collect on it?... Read More

Is you name on the deed?  How is the property owned?  If you have invested into this property but your "partner" obtained the mortgage without you being liable for the mortgage that does not mean that you have no ownership rights.  You should contact an attorney to help you with this issue. Good Luck!... Read More

It is likely that a lawsuit will be filed soon.  You may want to consider hiring an attorney of your own.  Being sued is serious and not defending yourself or poorly defending yourself can be very costly.  You may have counterclaims which can be brought and could result in the Plaintiff paying the cost of your defense.   Good Luck!... Read More

At issue is not the same as the commenced date and likely not 21 days after commencement.  Rule 16 defines at issue as:  case shall be deemed at issue at such time as all parties have been served and all pleadings permitted by C.R.C.P. 7 have been filed or defaults or dismissals have been entered against all non-appearing parties, or at such other time as the court may direct. This is often times a difficult date to determine.    If you are involved in civil litigation I recommend that you contact an attorney to review your case and consider hiring help.    Good Luck!  ... Read More

The likelihood is that you'll need to sue to recover the personal property and money.  However, a lot a facts need to be discussed beyond the few in your question.  If you are interested in bringing suit to recover your damages you should contact an attorney to discuss the facts surrounding your investments etc.     Good Luck,... Read More

Allen, Your ex-girlfriend was also your tenant under a verbal lease agreement.  Thus, you have the right to collect damages but not normal wear and tear.  If she lived there for 15 years and the only damages you can come up with are replacement of carpets forget it.  But, if she owes you money and damaged the property then you have a case against her.  If you wish to proceed you'll need to contact a CO attorney to handle this for you.     Good Luck,... Read More