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Stephen Clark Harkess

Stephen Harkess’s Answers

7,156 total


  • How do I stop my 55 year old brother from moving in with my disabled mother.

    My mother is 86 and has parkinson disease. He has no job and is not planning on getting one, he is also moving his 16 year old daughter in with them

    Stephen’s Answer

    Your first step is to talk to your mother. If she is able to make these decisions, then that is all that you can do - offer her your advice. If you believe that your mother is incapable of making decisions for herself and protecting her own interests, you may decide to seek appointment of a guardian and conservator to take over her day to day decisions (including whether other people will move into her house).

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  • I am a minor and I can only work 8 hours a day or i get overtime.

    I am a minor and I can only work 8 hours a day or i get overtime I worked from 8pm till 6am and my boss changed it so i only worked 8pm till 4am and did not tell me I noticed it later. Is this legal or not

    Stephen’s Answer

    No, it is not legal. You can contact the Colorado Department of Labor and pursue a wage claim. If it happens a lot this might be what you need to do. If it is a one time thing, you will have to decide whether the 2 hours of overtime pay is worth pursuing.

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  • What can I do to collect a $1,000 cash personal loan I made to a handyman friend and it appears he is not going to pay me back?

    On June 2 ,2015 I loaned $1,000 for three days to a handyman friend who has worked on and off for me for several years so he would not be evicted. I had him sign a note that he would pay me in full by Saturday, June 6. He was suppose to pay me o...

    Stephen’s Answer

    Unfortunately, you won't be able to establish a scam. That is the difference between never having the intent to repay you from the beginning vs. deciding when the money came due that he would rather spend it on other things. Unless your note provided for some sort of interest or penalty then the most you will be able to sue for is the $1,000 that he owes you and - possibly - 8% per year statutory interest from the date the payment was due.

    With this amount on the line, it won't make any sense to hire an attorney to pursue the case. Your best bet is small claims court. After you go to court and get a judgment, you will need to find a bank account, a house that the handyman owns, or wages owed to him that you can place a lien or garnishment against in order to get paid. Unfortunately, handymen who don't pay their rent on time are probably not the easiest people to collect from, but your judgment will be good for several years and can be renewed until you find a way to collect.

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  • Driving without insurance Boulder County. I had recently purchased a car, and had yet to transfer the insurance.

    I was stopped for expired temp tag (bought used car from dealer that had been in and out of shop since purchase) and I was cited for no proof of insurance. I had full coverage insurance on my old car, but had forgotten to transfer it to new car. ...

    Stephen’s Answer

    When does your new card state that insurance became effective on your new car?

    If you can show that you had coverage on the car on the date you were cited, then the court will usually dismiss the insurance charge and you will pay a fine on the expired tag. If you cannot show that insurance was actually in place at the time of the citation then you usually cannot get the charge dismissed, but the prosecutor and the Court will usually reduce the fine substantially when you can show that you are now fully covered.

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  • I have received my right to sue letter from eeoc for discrimination and hostile work enviroment.

    I work for govt. And have been treated unfair since I came to that one dept. The union has got involved and also asked that I be moved from this hostile environment but they refused. I have witnesses etc.. We been thru mediation without success I ...

    Stephen’s Answer

    Use the "find a lawyer" link to schedule consults with employment attorneys and ask if they would take your case on contingency.

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  • Is a legal separation a better option for my circumstances?

    I have recently been able to prove that my husband has been cheating on me off and on for about five years and has been using the money from our bank accounts to pay for escort services. I am currently unemployed and he is the sole provider. I hav...

    Stephen’s Answer

    Your right to support from your husband and an equitable division of marital assets, including your home, are the same in a legal separation as in a divorce.

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  • How is overtime determined as Mandatory?

    We are modifying CS and my ex works for a garbage company. He is required to work until his route is finished regardless of the time that takes and on average he works 12 hours of OT every week equal to about $290 extra each week . He just turned ...

    Stephen’s Answer

    That is an argument you (or better, your attorney) will make to the judge. Ultimately, it will be up to the judge to determine whether the overtime pay should be part of the child support calculation.

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  • I bought my ex husband a car and put it under his name because I didn't have a license at the time.

    I paid $1500 on a car and $1800 on a motorcycle for our family. It's under my ex husband's name because at the time I didn't have my license. Is there any legal advice to either get my money back or the car?

    Stephen’s Answer

    If the property was purchased during the marriage it should have been addressed during your divorce. If it was not, then you are probably out of luck. If it was purchased during the marriage then it doesn't matter who paid or whose name is on the car. The property is marital property and will be divided by the divorce court.

    If this was something that you did after your divorce then your issue is one of contract. You will have to try to figure out how you will prove in a court of law what your agreement was with respect to the car. If you did things correctly, you should have put together a written agreement so that everything was clear and there were no misunderstandings. If you failed to do that then you created quite a mess for yourself.

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  • Is it possible to sue a neighbor for 4 years of harassment and I believe possible discrimination.

    I believe she has violated my civil rights with the aforementioned harassment. I'm a renter and she is a home owner we share a common wall. Recently a judge granted me a permanent protection order against her. I have decided to move and would not...

    Stephen’s Answer

    Your belief is incorrect. Your neighbor, unless she is a government entity, cannot violate your civil rights. Outside of certain business contexts (employment and landlords in particular) individuals are free to discriminate on whatever basis they wish and associate with whomever they wish. You have no civil rights claim. Your claim, if you have one, would lie in tort.

    You can sue anyone for anything at any time. However, before you proceed you will need to carefully examine what you can prove, what damages you can connect directly to the neighbor's conduct, and what your likelihood is of actually collecting anything from this woman even if you win. Litigation is not a fun process and it is often rather expensive to pursue.

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