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Stephen Clark Harkess

Stephen Harkess’s Answers

7,146 total


  • Can I be arrested for an old unpaid debt

    I was just contacted by an firm stating they were suing me for 12000 dollars for a car that was reposed in 2007. and if I did not pay them they would have me arrested. they also called me on my cell phone with out permission. what actions can/sh...

    Stephen’s Answer

    A threat to have you arrested for failure to pay a debt is illegal if the caller is a third party debt collector. You could sue for violation of the Fair Debt Collection Practices Act and may be entitled to $1,000 in statutory damages plus attorney fees and costs. The problem is that the type of debt collector that pursues 8 year old debt and threatens to have people arrested is usually rather unstable and difficult to collect from. For that reason, your best bet is usually to ignore the calls and wait until you actually see court papers (that likely will never materialize).

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  • Am I in the clear??? Charges not filed, protection order cancelled, case closed but 2nd advisement hearing has not been vacated

    I was arrested and bonded out of jail. Charges showed 2 counts of inv hold possession with intent to distribute sch 2. And inv hold child abuse . House was raided guy staying in other room had large amounts of drugs in room. Nothing found in my r...

    Stephen’s Answer

    There is no way for anyone online to answer your question. Only law enforcement officers know if you are still a target of a criminal investigation. Keep your fingers crossed and keep contact information for a lawyer and a bail bondsman handy.

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  • Grandparent rights when maternal parent alive and has never lost any rights?

    If you have a child who stays with her grandparents and should be living at home with her mother can grandmother try to get custody if there is no reason for the mother to lose her rights.

    Stephen’s Answer

    If the child has been living with grandma for six months, then grandma has standing to seek custody of the child. This does not mean the termination of the mother's parental rights, but it does give grandma rights of her own.

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  • How do i begin Discovery on a wrongful death lawsuit?

    911 dispatched to wrong address 3 hours AFTER the initial call.

    Stephen’s Answer

    If you are serious about pursuing a claim, your first step is to schedule a consultation with an attorney. If the 911 dispatcher is a government employee, then you have governmental immunity hurdles to cross (including strict deadlines for proper demands) before you have a claim to pursue. This is not a DIY project. If you do it wrong, you will lose your case.

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  • Do I have a right as a tenant? What rights do I have in this situation? What are my next steps? HELP!!!!!

    Received notice for sec. deposit on day 59 since I moved out that I am not getting my deposit back & I owe him money. $630 for cleaning (which is his gf apparently), the itemized "things" she cleaned are beyond ridiculous & false. I have pictures/...

    Stephen’s Answer

    Your next step is to send the landlord a properly written demand letter requesting return of the wrongfully withheld security deposit within 7 days. Once you have sent that demand, you can proceed to court (if the landlord doesn't return the deposit within 7 days and you decide that you want to take things that far) and seek treble damages and attorney fees.

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  • When you are in district court for a civil case and the judge tells you 21 days to turn in papers

    so the judge told us to turn in witness list and the evidence list and all he said was 21 days. i never dreamed that you count weekends.. so i missed the deadline due to another case i had to take care of . now i missed the deadline for the civil...

    Stephen’s Answer

    If you are handling a court case without hiring an attorney, then YOU are the attorney. You have the responsibility to do everything that any other attorney would do. Although a court will cut you some slack due to your inexperience, it's not really an excuse. You need to go to the library and read the Colorado Rules of Civil Procedure so that you know what to do. There is a rule that outlines how time is to be calculated for court deadlines.

    Now that you have missed the deadline, your best option is to get the witness and evidence list filed as soon as possible and file a motion asking the Court for permission for the late filing. You will need to confer with opposing counsel before you file the motion (see Rule 121 1-15). You risk being barred from presenting witnesses or evidence at your trial, but hopefully you can get permission to file your lists a little bit late and your case won't be harmed by your mistake.

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  • Do I dare take a speeding ticket to trial?

    I have very little I can use in my defense, I imagine that that is typical. However I need some good advice. Can something like this actually be worth it? I don't think I have much to lose. We're talking 4 point but the court offered me ...

    Stephen’s Answer

    You cannot get the ticket reduced to 2 or 1 points by going to trial. Nor can taking the case to trial increase the points assessed for the ticket. Trial is an all or nothing exercise. You will be found guilty or not guilty. If you are found guilty, you get 4 points (and a higher fine than you would get through a plea). If you are found not guilty then you get 0 points and no fine.

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