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The CFI in my divorce case is biased. What can I do to prevent her from influencing the Court? A: Seek unbundled Attorney help.

Question: 

We have a CFI because my husband was arrested on DV. The DA dissmised the case becuase she said she could not prove my case. I had two witnesses. The CFI prepared her interim report and she even minimized the DV case. She didn't address my concerns about domestic abuse.I just got the report and nearly EVERYTHING i told her is missing! I'm smeared across the page and he's getting off scot free and I'm afraid its not whats best for our child. I feel very strongly that to make an educated decision on child custody, ALL the information needs to be presented. I'm concerned for our son! My husband has severly abused me (I have one recording of his verbal abuse of me. Can I show these to the CFI to prove my point? Can I use that in court as a proof to obtain full custody? Please advise!

Answer:

Some CFIs have biases, but most of them are looking exclusively from the child's perspective. If there is some form of allegation that does not involve the child, it doesn't always make it into a report. It sounds like you are pretty deep into your case. If you are doing this without representation from an attorney, or without confidential guidance from an attorney, you are probably not on the right track. 

In Colorado you can legally tape any conversation in which you are a participant or for which you are physically present. Clearly if the tape is of him abusing you, then you are present and the tape is both legal and admissible.

A person who owes me money filed Bankruptcy but never gave me notice, is that fraud?

Question: 

This is concerning a personal Promissory note from 2001, payments made until January 2009, which was after the BK. I had no knowledge of this BK until I went to an attorney to proceed in collection the balance owed. The address on the BK papers was a bad address and the borrower is a Realtor who knows where I live. We are a small community in Colorado. can the debtor still collect the debt owed. No notification was given to the debtor and a payment was made in January 2009? The discharge was February 2007.

Answer:

 The short answer is that when the Bankruptcy Code does not require actual notice to creditors. Even if a creditor does not receive any notice at all, or is not even listed in the schedules, the discharge is effective. There are almost no exceptions to that rule. If you believe that fraud was involved in the failing to provide you with notice, then you should see an bankruptcy attorney and review the situation.

Remember, a personal promissory note is unlikely to be secured. If the debt is unsecured, then it is highly unlikely notice to you would have changed anything. 

My ex-sister-in-law is harassing me regarding child support modification. My ex-husband hasn't talked to me about this issue.

Question: 

My ex-sister-in-law is harassing me regarding child support modification. My ex-husband hasn't actually talked to me about this in the past 8 years we have been divorced. We had a very amicable divorce and have had no problems prior to her trying to meddle in our business. She continues to email me and call me to leave messages with threats of when and how I need to proceed. I have not responded to her. I am happy to sit down with him and discuss the sworn financial statements and other documents to look at modification if necessary but I am tired of dealing with her. What are my rights in the courts eyes in terms of modification and what specifically is the process I need to follow?

Answer:

Well, the prior answer has the gist of your rights. However, since you and the ex have had a good relationship, I would not try to sour it by being mean to his sister. Remember her motivation is genuine concern for her brother.

I would suggest calling your ex and having a conversation about the situtation. If in fact he is having financial problems, then it may be necessary to modify. Many people who have been divorced want to use the child support or maintenance payments to punish the other partner (either by not paying enough to take care of the children well, or by demanding too much). This usually means that everyone hates everyone, and the children learn the hating part easily. Since the point is the children, talking with your ex is the best way to stay friendly and work toward your shared goal of taking care of the kids.

Can someone sue me for a car if I hold the title in my name only?

Question: 

My sister paid off my car from her bank account. She owed me money, and nothing was ever put in writing, or agreed to verbaly. Now she is suing me for the car. Does she have a case?

Answer:

It depends.  The thing about law suits is that anyone can sue about anybody at anytime.  The real question is whether the odds are that they can prevail.  Here there are a lot of missing facts.  If you can prove your sister owed you money, and the amount paid was that amount or less, then you would probably prevail.  On the other hand, if you cannot prove that you gave your sister a loan or otherwise gave her value, then her payments may be recoverable if she can prove they were intended only as a loan and not a gift. 

If I do not submit a demand letter to the Landlord for my security deposit do i forfeit the opportunity to do so (Colorado).

Question: 

Landlord wanted to keep a portion of my deposit for utilities she never billed me for but now is. She did not submit a statement to me within 30 days of her taking over the premise. After 44 days she told me to pick up my deposit check and kept over 200.00. I did not write her a demand letter within 7 days after the 30 days she was to provide me with her statement. Because I did not submit a demand letter, did I forfeit my chance to do that or can I still provide this? Her calculations were wrong and I have the information to prove that.

Answer:

No, you have not lost your right to pursue the missing $200. The Colorado statute requires that a tenant who intends to sue provide written notice of the intent to sue 7 days before filing suit. This 7 day notice does not have a time limit and need not precede partial repayment of the security deposit. Once the Landlord misses the 30 day notice deadline (or 60 days if the lease provides for 60 days) then the Landlord can't fix that error by giving late explanation and refuding part of the deposit.

So, at this point, you can provide the notice and then wait the 7 days and file your claim in either Small Claims or County Court. Small Claims gets you a moon lighting lawyer for a judge and County Court gets you a real judge.

Landlord deliberately failed to disclose a cockroach infestation prior to my signing a lease, what are my rights?

Question: 

 I signed a lease for an apartment in Colorado in March while I was still moving in a notice was posted on the main door that an exterminator was scheduled to spray the entire building for cockroaches. This is evidence that the management KNEW and failed to DISCLOSE the infestation. I have a small child. I killed several roaches inches from his sleeping face. I would NEVER have signed a lease or moved here if I had KNOWN there were roaches anywhere in the building. After 2 months of complaining that there are STILL roaches, I asked to be moved to another building, they agreed to transfer my lease to another building, still a 1 br but with a large increase in the monthly rent. I want to move out! What are my rights? I have paid rent on time for the time I have lived here, I am moving out today.

Answer:

In many apartment buildings this is truly a building problem. Unfortunately, Colorado is a state where the landlords aren't regulated as they might be for problems like this.

The first thing is to WRITE a letter to the landlord. Make the complaint and make sure to describe the issues and the ineffectiveness of the first treatment. Letters count, almost no other kind of notice does.

Second, at the same time that you write the Landlord, call and WRITE  and call the local county health department and make a complaint. Tell the county that the building is infested and the landlord is refusing to fix the problem.

Third, call the city, if you are in a city. Most city's also have ordinances that apply, and yo may well get a code enforcement officer who can cite the landlord.

We Have Bugs In Our Apartment! The Landlord Doesn't Care! What Can We Do?

Question: 

We moved in our apartment 4 mons ago, the 1st day we moved in we seen a cockroach we told our landlord about it 3 weeks later the bug guy came out, then a few weeks later we seen more bugs and we told out landlord about it and a week later a bug guy came out , and like 2 weeks later we seen more almost everyday, and we told her about it and she said that nobody else has seen any more cockroach so the landlord is'nt calling the bug guy and it kinda seens like she saying we brought them in this new apartment........ we have 2 small kids ones 2 and ones about 7 mons who is about to start crawing about i dont want my kids around bugs... so what will happen if we just get up and leave? [Colorado Springs, Colorado]

Answer:

If you just leave, the Landlord can sue you for breaching the lease and claim the future rent, and keep your security deposit and black list you among landlords. Instead WRITE a letter to the landlord and deliver it (verbal stuff can't be proved). CAll the bug guy yourself, (a different company) and get 1) a good fumigation, and 2) their comments on why the buggies keep coming back. If you have an apartment, the answer is probably that the building is infested so they come back from other rooms in the building. At the same time that you write the Landlord, call and WRITE the local county health department and make a complaint. Tell the county that the building is infested and the landlord is refusing to fix the problem. ONce you've done these things AND CAN PROVE YOU DID THEM WITH PAPER, NOT JUST YOUR WORD, then you can move out and defend the LL's keeping the security deposit and suing you for lost rent.

How to file an opposition to a motion to vacate a judgment?

Question: 

I won a judgment on default per he did not show up at the court hearing. I just recieved a file to vacate the judgment on per not being served in the proper form, however I have proof from the Police Department that they attempted to serve the papers, they spoke to him on the phone as well, and he declined being served.  That was all submitted at the time and the judge said that would work because the police dept did what they could and he was avoiding the case.  Please help now what's my next step to oppose this motion to vacate the judgment? [question from Broomfield, Colorado]

Answer:

What court are you in? What does the police department return of service say? Do you actually have a judgment entered? If the default judgment truly entered, then presumably the judge looked at the service and considered it sufficient. Usually the judge catches a bad return of service document and refuses to enter judgment. When a motion to vacate due to bad service is filed, several issues arise (assuming that judgment actually entered, just having a hearing and the person not appearing is not a judgment, a written order of the court "entering judgment" for and against and in a certain amount is judgment. So, assuming you have a real judgment:First, was the motion to vacate filed within 6 months of the date of the judgment.

Was our membership in Direct Buy coerced and can we see a refund of the membership fee?

Question: 

I am looking for a bit of legal advice concerning the possibility of legal action against Direct Buy. I don’t know if we have any legal recourse, but it’s worth a shot. Almost 3 years ago we accepted an invitation to a Direct Buy show room. After the sales pitch we were informed that we had that day to decide if we wanted to pay the $5000.00 membership fee. If we declined we would lose out on our only chance and never be invited again. The typical “high pressure” sell. Well, we caved and joined. The area in which we think we might have legal remedy is that we found out, not to long ago, that others have declined and then been invited back not 6 months later. Could this be considered coercion? And if so could we bring a claim for the refund of our membership fees?

Answer:

In my opinion many, many, many, many (a whole bunch) of people have been suckered, er, taken in by Direct Buy. The outfit has been in Denver since the 1980s at least and its simply an organization that sells membership and very little else. I had a client many years ago that ordered a product from their catalog, when it arrived is was a different item and they wanted 3 times the price listed. A lawsuit in county court later and the client got their money for the item back.

Can an employer give you a new contract and say sign it or you voluntarally resign?

Question: 

My employer wants to change the terms of my contract changing my pay and the hours I am allowed to work. I was told they are not "terminating" my original contract just changing it and if I don't accept that than I am choosing to voluntarally resign. What are my legal rights in this situation?

Answer:

A few facts are missing, but I'll try to explain what I understand of the question. Generally, an employee and employer either make a written contract periodically which they both sign, and then that agreement controls their relationship, or the agreement is verbal and theoretically renews itself everyday when the employee shows up ready to work and the employer accepts the work on the terms agreed upon.

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