Colorado Civil Litigation Legal Questions

You may want to pursue a protective order to protect your family.  Unfortunately as for your dog a suit would be limited to actual damages.   This will not give you a method to demand a termination of your lease, although you may negotiate such with your landlord.     Good Luck,... Read More

Small claims is an option.  The bigger problem is if the value is only about $200 and he no longer has possession then you'll only be granted a judgment for the value, about $200.  My suspicion is that even in small claims court you'll spend over $200 on pursuing this.     Good Luck... Read More

In most cases you can negotiate a settlement with the opposing party to drop the case and neither side pursue the other in the future.  You have to engage with the opposing party for this dismissal. You may want to have an attorney evaluate your case before you take the action of dismissing it forever.   ... Read More

You definitely need representation to defend you against the complaint which was served on you.  Then you'll need to initiate a separate matter against the thief if you know who that is also you'll need help in repairing your credit. You are correct the same person will probably not fulfil all of these roles.  Start with the litigator then you can work with others in his firm or get referrals for the other matters.   I can help. Don Eby... Read More

From the facts that you present you very likely have a good case.  We'll need a doctor to link your health issues to the mold and a mold report.  I've never had a problem getting a mold report for a tenant before, I don't understand why you are having such a problem.  But, you should get this report before your relinquish possession.   Good Luck,   Don Eby... Read More

The government does not provide attorney's for civil matters.  However, if you are being sued you should give serious consideration tho hiring an attorney to represent you.  In many cases we can counterclaim against the plaintiff and if we win obtain a judgment for the cost of your defense.     Good Luck,... Read More

If you are worried about your safety you should obtain a restraining order. As for suit against you for the cost of the part.  He would have to come back to CO to sue you and it is unlikely the he can prove his claim.  But, if you are served with a summons and complaint you should obtain legal counsel to defend you.   Good Luck, Don Eby... Read More

This case seems like it will basically come down to your word versus your ex-roommate's word.  You must testify to what you wrote in your email, bolster it with whatever other evidence you can, and hope that the Court believes you.  You call your ex-roommate to testify about your agreement, and hope he/she doesn't lie, or if he/she does, that the Court does not believe him/her.  You call any other witness to either the agreement or the theft, e.g. a neighbor who saw the clothes thrown on the lawn, a friend who was there when you reached the agreement, etc. (it may be difficult to get them to show up to Court, even with a subpoena, but do what you can.)  If you paid by check or credit card, maybe you can introduce statements to show your expenditures and tie them in to particular clothing or other stolen property.  Maybe you have some photographs which show the stuff thrown on the law, or the contents of your closet, or show you wearing some particularly expensive stuff which was stolen (a diamond necklace or a fur coat, for example., or maybe there are people who say you wearing the diamond necklace shortly before the theft who can testify that you owned it.  In short, any proof that backs up your story will be helpful.... Read More

You can sue them in California and probably in Montana.  The question is whether they have sufficient contacts with Colorado so that you can sue them in Colorado, and I can't answer that from the facts you've set forth in your email.  Some factors relevant to this issue are whether they have any property in Colorado, whether they regularly visit or conduct business in Colorado, whether they have communicated with you about the loan in Colorado, etc. If I were you, I'd also be concerned about the statute of limitations.  As I understand it, you loaned your friend money which he/she agreed to repay when his/her personal injury claim was settled.  Since you know that the settlement amount is greater than the amount you are owed, something you couldn't know until a settlement had been finalized, the claim must have been settled, and the clock is ticking.  I do not know the Montana statute of limitations for breach of contract (I assume that Montana's law will apply to loans you made while you both resided there), but I am aware of some jurisdictions where it is as short as two years.  If you sue to recover too late, some or all of your claim may be barred by the statute of limitations.... Read More

You don't specify how old your child is or whether this was a public or private school. As a general matter, parents have no civil monetary responsibility for the negligence of children who are not under their supervision. It sounds as if the time of the accident in question, you child was under the supervision of the "plaintiff." That's not a good fact pattern for them. Just say "no." If a lawsuit ensues, contact your homeowner's insurance carrier.... Read More