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James Underhill’s Answers

623 total


  • I need 2 get my ex boyfriend to move but he wants 2 use common law marriage as an excuse not 2 leave do i need an eviction notic

    your help is greatly appreciated

    James’s Answer

    Well, I certainly get a friend to intimidate him because that'll lead to a fight and your new friend being arrested!

    The correct answer is "who is on the lease"? The leaseholder can evict the other party if they are not on the lease. Yes, you have to evict, and give 30 days notice. In Colorado a person may not be forced from their residence without a court order and proper notice.

    If you are both on the lease and he won't move, then you may have to move yourself and let him have the apartment. Assuming he continues to pay the rent, you'll be ok. If not, the LL may sue you for the lost rent.

    Best bet is to get an experienced attorney and go through all the issues and all of your options. As for the marriage issue, that's irrelevant to the eviction issue -- but it does raise a host of other issues.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

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  • Severance pay, & objections to filing unemployment (basis). length of time pay can be paid out? what to do with objections?

    I'm in protected class: over 40, disabled, whistle-blower. (seeking extra compensation)(disabled when hired) want to keep benefits. when does 1st check come in? claims closed, (loophole used) w/c lawyer trying to get pay/ benefits back. I filed...

    James’s Answer

    Hi. Clearly you have a raft full of issues and very complicated facts. You need to take all your information and paperwork to an attorney experienced in employment issues and discuss the matter. The attorney can give you a read on the law applicable to your matter, as well as your rights and options. By the way 40 years old is not a protected class, neither is being disabled. Whistle blower may mean a dozen things in the law.

    As for checks, I assume that you have a settlement with the company, or you have a judgment and have garnished an account. You should not delay applying for unemployment, such application will not prejudice any other claims you may have.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

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  • What right do renter have when landlord shuts water off and refuses to turn on ,

    talk to his attoney and water conpany and no results

    James’s Answer

    There is a part of the problem you didn't explain. How and why was the water shut off?

    1. If its because you didn't pay rent, and the LL called the company and told them to stop service, that is illegal and you should be able to get the company to turn the water on (they are only permitted to shut off water in an occupied dwelling after a raft of notices to the occupants.

    2. If its because the LL hasn't paid the bill. You can simply move the account into your name and get it on. You will not be responsible for the unpaid part of the bill.

    3. If its because the LL is a jerk, you are current on rent, then you can get the company to turn the water on and sue the LL for the interruption.

    Best bet is to get an experienced attorney and discuss the matter as quickly as possible.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • Resignation under duress, and slander post employment. Is that something that can be pursued legally?

    One year ago I was employed with no negative marks with HR, and not a single negative remark on my yearly performance review. I was openly exposed to discussions of a full time position being opened up, and encouraged to apply for it. After applyi...

    James’s Answer

    These situations are heart-breaking. The hospital is liable for your firing if they did so for an illegal reason, and there are only 5 of those: discrimination on race, sex or national heritage, and retaliation for whistle blowing,

    In Colorado an employer can legally be mean, heartless, cruel, stupid, silly, unreasonable, and anything else, so long as they do not act illegally.

    I would sit down for a free consult with an employment attorney to discuss whether the firing itself is a problem.

    As for references, if you can prove you didn't get a job because of an untrue statement made by the old employer to a new employer, then that could be a claim --but such claims are nearly impossible to prove.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • Took a deferred judgement, got 3 years probation and restitution 5,428 felony 4 on my record accused of using school card for me

    Husband and I unemployed for 2 years since my felony won't allow me to work in my only experience field, can't find work I have made payments of what I can each month. PO told me today that they might revoke my case because I haven't paid enough I...

    James’s Answer

    You must see an attorney right away experienced in criminal law and probation issues. The state may not lock any person up for being poor, but who decides if you are poor and "can't" pay as opposed to "won't" pay is the judge.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • Civil Tort Lawsuit (new law) desired v. ex, parenting/relationship interference exten'd fin'l/emotional damages 2me/daughters

    have a malicous, vindictive ex, for 3 years has fabricated multitude events/statements against me causing emotional/ fin'l harm, alienated 2 daughters; ex succeeded via her/her atty's lies, use of a shopped/mom-biased CFI, taking parenting from ...

    James’s Answer

    Stephen is correct. Moreover, you have to recognize that the judge is primarily interested in the children's welfare. Therefore, while you know that you are a good person, that may not be the issue. Only an experienced family law attorney can look at the order, talk with you about the evidence you have, and about your prior representation.

    Emotional distress damages are probably not available here in any case. But an attorney can discuss that with you to make sure.

    Sometimes a second opinion is worth paying for an hour of an attorney's time so that you can better understand the situation, your rights and options.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • What should I take to court.

    About three months ago we got a beagle, about a month later over neighbor complained of his barking. She's scream from her house telling him to shut up, so we got him a bark collar. Wellmy beagle is an extreme crybaby so when he would bark and get...

    James’s Answer

    Unless the officer witnessed the "abuse" then the only witness is the neighbor. So, did the city subpoena the neighbor. You have a right to know. I'd call the City prosecutor and ask to talk with him/her. Sometimes they refuse to talk with anyone until the day of trial. I'd go in with the paperwork for the dog collar (which will say it causes no permanent injury, etc.) and a note from my vet or professional dog trainer, saying no damage and not cruel treatment to train a dog. If the City pros won't dismiss, and your neighbor is not present, use the documents to argue to the judge that the City has not borne its duty of proving an offense. Of, you can ask the judge to give you a new trial date to call witnesses and get an attorney.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • What is the colorado statute of limitations for boundary setback encroachment?

    that's it

    James’s Answer

    Hi, its unclear from what you are saying whether you want to know when someone can sue to get back property which has been adversely possessed, or how long it takes for adverse possession to become effective to change ownership.

    So here's how it works, recognizing that the state legislature really screwed up Colorado's laws by making adverse possession harder to prove, and adding a requirement that the adverse possessor may be required to pay the title owner for the property after adverse possession (kinda defeats the whole concept, don't it).

    In Colorado a person who possess the land continuously for 18 years openly and notoriously can file a claim to recognize title in the adverse possessor. If the adverse possessor is paying the taxes and/or has a title claim of some kind, then the adverse possession only has to be 7 years.

    A title owner can sue at any time to dislodge the adverse possessor. The issue will then become whether the adverse possessor can prove the claim to adverse possession.

    But as I said, Colorado law is now really messed up and you should consult an attorney to determine how the changes apply to your situation.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • How to calculate contingency fee in the since agreement does not stipulate if is from gross or net recovery?

    A contingency agreement dated July/2007 for a car accident/insurance case does not stipulates if 40% will be applied on gross or net recovery even though on the Disclosure Statement doc I signed says it should have that information. My attorney d...

    James’s Answer

    Ok. In Colorado an attorney may not take ANY contingent fee unless the agreement is in writing, and the agreement contains both a summary of all of the material conditions and agreements, AND the agreement contains the mandatory Supreme Court disclosures.

    You should take your engagement agreement to another attorney for a consultation. You may not owe any fee, or you may owe 40% of the gross, but its all based on what your paperwork says.

    Usually in Colorado, as in other states, an attorney's contingent fee is based upon the gross recovery after costs have been deducted from the recovery. However, some attorneys make their agreements on different calculations.

    The attorney can tell you whether there has been an error, something improper, and what to do about it.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • Im in Denver,I got a letter last weds saying I am entitled to unemployment benefits-I filed last july

    I just got my chase card and pin 2 weeks ago-I have been calling clubline since august 1st until now-it lets me put in my weeks-when I call to check on status of my claim it says my benefits werent paid because they were exhausted and I have 0$ le...

    James’s Answer

    This is a matter than only the unemployment folks can answer. If you can't find someone by telephone who is making a sensible explanation, then you may have to go to the Dept. Labor offices and talk with a someone in person. Be sure to take your last paystub from your last employer, any documents you have received re your unemployment claim, and also any documents from any prior unemployment claim.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question