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James Underhill’s Answers

623 total


  • Does an attorney need to be admitted in the U.S. District Court District of Colorado in order to enforce a subpoena?

    FRCP 45 allows an attorney to issue a subpoena out of a federal district court in which he is not admitted. But it's silent as to whether that attorney can take additional steps to further that subpoena (depose the witness, compel compliance, rul...

    James’s Answer

    At the present time the Supreme Court Disciplinary Counsel's office has taken the position that as long as an attorney practices only "federal law" in Colorado, that person does not need to be a member of the Colorado bar.

    However, any attorney who wants to practice in the Federal District Court for Colorado must be admitted to that court's bar. You can call the clerk to see if the attorney has been so admitted.

    If you are in a lawsuit, the best thing is to get advice about how to proceed.

    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 
  • Does my situation fall under an estoppel?

    If my insurance company told me that there was a 99.9% chance that my motorcycle would be totaled and I replaced the motorcycle and when they finally looked at the motorcycle they did not total it - would this be an estoppel? and could I ask them...

    James’s Answer

    No. The insurance company told you there was a chance, albeit small, that the motorcycle would not be totaled when they said 99%. They should be giving you a check for repairs. Whether you have the MC repaired is up to you.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • I want to file a Motion to Quash for in proper service. What law should I site on the form?

    I was never served notice.

    James’s Answer

    Two things:
    1. DO NOT simply allow the case you have to default on the theory you weren't served. The other side will nevertheless take a default and may start garnishments, etc.
    2. DO consult with an attorney regarding why you were not served correctly and the status of the litigation. There may be several options to handling the matter.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • What should I register my Colorado wedding planner business as?

    I will be working from home for the first couple of months until I secure an office rental space. I will have three other people working for me, possibly more later on down the road. I was wondering what type of business I should register as, and ...

    James’s Answer

    Hi, A couple of more thoughts:
    1. Because of the "check the box" regs in the IRS Code, an LLC can be taxed as a sole proprietorship, partnership (if two people or more), an S Corp or as a C Corp.

    2. The federal government does not recognize either the corporate personality or liability protection. Therefore, the IRS and the bankruptcy court (just for starters) will look to all LLC assets to satisfy personal taxes and debts.

    3. We recommend either an S Corp or C Corp - particularly for a single owner business. C Corps can be great because of the additional ways that you can use pre-tax dollars to pay for expenses for the business and your family.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • My wife got married to another man while still married to me what is the law in Colorado

    we had signed and notarized a affidavit of common law marriage and had it notarized after five years we broke up and she reapplied for a marriage license by lying that she never was married and it was given to her and she re married without divorc...

    James’s Answer

    I've had this case several times. Besides the affidavit, did you file joint tax returns, did she use your last name, etc. Did you and she go out and tell people you were married, or refer to each other in public as husband and wife? All these things help prove a common law marriage (the tax return is a non-disputable method of proof because tax returns are filed under affirmation of the truth and lying is a federal offense. Colorado accepts the return as proof of common law marriage.

    The best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options.

    By the way, some attorneys sell "unbundled" or "limited" legal services where you pay for just what you need and can afford. Like just purchasing the pleadings and a review instead of a lawyer in court. Neighborhood Law Office is such a firm.

    Jim Underhill
    Neighborhood Law Office
    7225 E. Hampden, Unit C
    Denver, CO 80224
    303-302-1000
    jim@NeighborhoodLawOffice.com
    www.NeighborhoodLawOffice.com

    See question 
  • How to best deal with a motion to revoke unsupervised prob.- violation based on new pending charges of violation PO/ Assault

    motion to revoke filed/warrant issued based new pending charges. appear on april 15.not guilty of new charges/entering plea of same. also due to several circum have beenunable to start classes,made PO aware, have til Jan2013. will be arrested on 1...

    James’s Answer

    The best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options.

    By the way, some attorneys sell "unbundled" or "limited" legal services where you pay for just what you need and can afford. Like just purchasing the pleadings and a review instead of a lawyer in court. Neighborhood Law Office is such a firm.

    Jim Underhill
    Neighborhood Law Office
    7225 E. Hampden, Unit C
    Denver, CO 80224
    303-302-1000
    jim@NeighborhoodLawOffice.com
    www.NeighborhoodLawOffice.com

    See question 
  • I got a subpoena to testify and my mentl health doctor thinks I shouldn't because of my health is there any laws to protect me.

    I need to prove to the judge and understand the law that can prevent me from messing up all the teraphy.

    James’s Answer

    I disagree with the answer. First, are you a party (defendant or plaintiff) in the case. If you are, then you move for the ability to either testify in a setting less threatening, like in a conference room, or on the phone or by deposition video. The judge should look at your mental health issues in private (in camera). Discuss that and the risk of making the issue public (i.e. to the other side).

    Second, if you are not a party, then your lawyer can file the motion and you have a right to keep your medical information private.

    Finally, if the subpoena is a criminal matter (or civil) that involves you being the victim of a crime or violence of any kind, then the subpoena is sent out just to see if you'll show. If you show, the other side will in all likelihood settle or plead out. This is a tactic, fairly routine but nasty, by defense lawyer when they know the complaining witness or victim is fragile.

    The best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options.

    By the way, some attorneys sell "unbundled" or "limited" legal services where you pay for just what you need and can afford. Like just purchasing the pleadings and a review instead of a lawyer in court. Neighborhood Law Office is such a firm.

    Jim Underhill
    Neighborhood Law Office
    7225 E. Hampden, Unit C
    Denver, CO 80224
    303-302-1000
    jim@NeighborhoodLawOffice.com
    www.NeighborhoodLawOffice.com

    See question 
  • I got a minor in posession charge for an EMPTY flask that wasn't mine.

    I got a MIP charge because of a flask my Suporvisor left in my car by accident on a recent camping trip. I have court for it, but my Suporvisor gave me a sealed letter with a copy of his drivers license and a letter explaining the incident. I woul...

    James’s Answer

    The issue is can the state prove that you were in possession of alcohol? Was the flask dry inside? If so, then probably no proof. If wet, then the issue is whether a super small amount is possession. You'll probably come out ok if you get a lawyer to negotiate with the DA.

    By the way, how did the police get the flask? You may have some real search and seizure issues if they searched the car without consent and without probable cause.

    By the way, if you smelled of alcohol, were DUI/DWAI, then forget the defenses and get a lawyer.

    The best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options.

    By the way, some attorneys sell "unbundled" or "limited" legal services where you pay for just what you need and can afford. Like just purchasing the pleadings and a review instead of a lawyer in court. Neighborhood Law Office is such a firm.

    Jim Underhill
    Neighborhood Law Office
    7225 E. Hampden, Unit C
    Denver, CO 80224
    303-302-1000
    jim@NeighborhoodLawOffice.com
    www.NeighborhoodLawOffice.com

    See question 
  • Isn't Colorado a free range state? Is it different for horses and mules? What if they're my income?

    I live in rural colo. 10 miles from town my horses were confiscated on cruelty charge from my x boyfriend letting them loose now i have to pay a bond for care until they release them. I have a horse rescue and have saved over 350 horses the issu...

    James’s Answer

    Colorado is free range state but that doesn't control damages and issues of neglect. That means that if your animals escape your fences, and a car hits them, you are liable for the car's damage. Also, if the animals escape and do damage to a neighbor, same answer. However, you didn't say who has them and who wants the bond. If the person with the horses is not the government, and you have not been cited by the government who seized the animals, there is no bond and no right to claim any rights.

    If its the government, go see the Sheriff and DA (criminal) or county attorney (civil) and explain the situation, inform them that you never had other problems, and that the "remedy" is inappropriate.

    In this state the legislature has bought a lot of bogus information and claims of the need for laws to remedy "abuse" and thereby created real problems for all animal owners. I always say, be careful who you vote for. For a state that ranches and farms, our legislators sure are quick to give civilian third parties an awful lot of power over the animals of these hard working folks.

    The best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options.

    By the way, some attorneys sell "unbundled" or "limited" legal services where you pay for just what you need and can afford. Like just purchasing the pleadings and a review instead of a lawyer in court. Neighborhood Law Office is such a firm.

    Jim Underhill
    Neighborhood Law Office
    7225 E. Hampden, Unit C
    Denver, CO 80224
    303-302-1000
    jim@NeighborhoodLawOffice.com
    www.NeighborhoodLawOffice.com

    See question 
  • What would be the best route to sue the Banks , File for Quiet Title and Declatory jdgmnt or just sue them for title to the prop

    in colorado

    James’s Answer

    You didn't give all the facts for a full answer, but I think I know what's the problem. If a person is being foreclosed, filing a quiet title by that person will not be a good suit, and you'll pay the other attorney for obtaining a dismissal. The reason is that the Colorado statutes contain the SOLE avenue to contest for the owner of the property, and that is to file a response, and then appear for the Rule 120 hearing -- which is the hearing that the other lawyer notices in a mailing. Most people miss the fact that if you don't file a written response to the motion before the deadline in the notice, then there is no hearing and the order enters.

    For a person who is not the owner, but has some other interest, then Colorado law (as I always say, watch who you vote for, they appoint judges) per the Supreme Court says that if you have a good claim, then you cannot stop the foreclosure, but you have the right to sue after the foreclosure for money damages. The only way to stop a foreclosure for a non-owner is to obtain a restraining order, which will be granted only in the most egregious situations, and only where the evidence is clear that a wrong is being done, there is irreparable injury (narrower than you might think), and the court finds that you will probably prevail on the merits. But it still takes another law suit to prove your rights and to obtain a remedy even if you get a restraining order.

    The best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options.

    By the way, some attorneys sell "unbundled" or "limited" legal services where you pay for just what you need and can afford. Like just purchasing the pleadings and a review instead of a lawyer in court. Neighborhood Law Office is such a firm.

    Jim Underhill
    Neighborhood Law Office
    7225 E. Hampden, Unit C
    Denver, CO 80224
    303-302-1000
    jim@NeighborhoodLawOffice.com

    See question