Stephen Clark Harkess’s Answers

Stephen Clark Harkess

Wheat Ridge Bankruptcy Attorney.

Contributor Level 20
  1. Should you pay or ignore a civil demand from kingsoopers? Are they're criminal charges for shop lifting and ignoring this?

    Answered about 1 year ago.

    1. Stephen Clark Harkess
    2. Richard Waldron Bryans Jr.
    3. Robert F Gauss
    4. Philip Rosmarin
    5. Peter Christian Komar
    5 lawyer answers

    The civil demand is completely separate from the criminal charges. One has no effect on the other. Most people ignore the civil demand. It is possible, but highly unlikely, that the store will file a civil lawsuit to collect the civil demand. They are entitled to do so, but the money involved is usually too little to justify the court expense.

    10 lawyers agreed with this answer

  2. Under investigation for possible"fraud" because I slid into a post a day after activating a Geico auto policy . This is absurd!

    Answered about 1 year ago.

    1. Stephen Clark Harkess
    2. Jason Todd Studinski
    3. Christopher Daniel Leroi
    4. Christian K. Lassen II
    5. Philip Anthony Fabiano
    6. ···
    7 lawyer answers

    It may shock you to hear, but sometimes people drive without insurance and have an accident and then they go out and get insurance and claim that the accident actually happened a few days after it actually did so that the insurance will cover the damage. Given the unlucky timing of the accident, Geico wants to ensure that is not what happened in your case. They want to know if you had similar coverage through another company before switching to Geico because that would show that their...

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  3. Can a police department be sued for not giving your meds that night?

    Answered over 1 year ago.

    1. Ann Toney
    2. Stephen Clark Harkess
    3. Josh P Tolin
    4. Anthony Michael Solis
    5. David Ian Schoen
    6. ···
    8 lawyer answers

    You would have to show more than negligence in order to have a claim. You will need to show that the failure to allow you the medicine rose to the level of cruel and unusual punishment in violation of the Eighth Amendment of the United States Constitution. This is not any easy case and unless you suffered significant damages it may not be worth pursing. However, if you arrange a consultation with a civil rights attorney you can discuss whether it is a case they would be willing to handle....

    10 lawyers agreed with this answer

  4. DUI without being in car?

    Answered almost 2 years ago.

    1. Ann Toney
    2. Nicholas Lubchenco
    3. John Lawrence Buckley
    4. Stephen Clark Harkess
    5. Judy A. Goldstein
    6. ···
    9 lawyer answers

    Your chances of fighting this on your own are slim. You chances with an experienced attorney sound like they may be pretty good.

    10 lawyers agreed with this answer

  5. What do I do if a creditor that I filed bankruptcy on took money out of my account?

    Answered about 2 years ago.

    1. Matthew Scott Berkus
    2. Robin Kert Hunt
    3. Stephen Clark Harkess
    4. Dorothy G Bunce
    5. Robert Michael Fox
    5 lawyer answers

    The first thing you should do is to discuss the issue with the attorney who handled your bankruptcy. It would also be helpful to contact the bank to get a copy of the garnishment. If the money was taken for taxes or student loans, then it is likely that these debts were not discharged in your bankruptcy and the seizure is proper. Also, if the debt was incurred after you filed your bankruptcy it would not be included. If the debt was discharged and the creditor properly listed in your...

    10 lawyers agreed with this answer

  6. Are you required to take an unannounced drug test when your ambushed by your Probation officer on a visit? {unsupervised}.

    Answered about 2 years ago.

    1. Daniel Nelson Deasy
    2. Stephen Clark Harkess
    3. Barry Franklin Poulson
    4. Laurie Ann Schmidt
    4 lawyer answers

    In a word - yes. You are required to take the test.

    10 lawyers agreed with this answer

  7. How can I get a DUI?

    Answered about 3 years ago.

    1. Stephen Clark Harkess
    2. Curtis Lamar Harrington Jr
    3. Christian K. Lassen II
    4. Rhidian David Watson Orr
    4 lawyer answers

    It sounds like you have defenses to the charges, but the case is not going to just fade away on its own. You need an attorney to represent you. You (or better, your attorney) needs to get hold of and review the discovery file to determine the reasons the police give for contacting you in the first place and what evidence they intend to present at trial. It is very important that you hire an attorney immediatley. In addition to the criminal charges, you also face revocation of your drivers...

    10 lawyers agreed with this answer

  8. I'm currently taking DUI alcohol therapy classes. One of a guy from class told my co worker that I'm in the class.

    Answered over 1 year ago.

    1. Stephen Clark Harkess
    2. Christopher Irvin Simser
    3. Aaron Scott Hill
    3 lawyer answers

    You are not going to be able to justify the cost of hiring an attorney to pursue this unless you can show that you have had real significant financial damages as a result of the disclosure. Read the agreement and see if there is any sort of significant liquidated damages clause associated with a breach of the agreement. Without a liquidated damages clause or real damages, your best remedy is probably to talk to the person who runs the class and see if they can remind the other student of...

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  9. Will cashing out a retirement plan affect converting a chapter 13 bankruptcy to a chapter 7? Can they garnish it?

    Answered over 1 year ago.

    1. Stephen Clark Harkess
    2. Matthew Scott Berkus
    3. Deborah F Bowinski
    4. Gary D. Bollinger
    5. Eric S Reed
    5 lawyer answers

    This is a question you should discuss with your bankruptcy attorney. You may want to convert first before cashing out your retirement funds. The receipt of these funds may or may not be considered in your gross income if done within 6 months of the conversion and once the retirement funds are removed from the retirement account they are no longer exempt from creditors or the Trustee. In most cases, it really doesn't matter, but everything will be cleaner, safer, and simpler if you...

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  10. Will it help to win a divorce case if we can prove the DV victim also has been through verbal assault and spiritual abuse?

    Answered almost 2 years ago.

    1. Stephen Clark Harkess
    2. Daniel Nelson Deasy
    3. Adam Domenick Rumschlag
    4. Karl J Geil
    5. James Regan
    5 lawyer answers

    There is no such thing as "winning" a divorce. A divorce is a means of dissolving a marriage. The only thing that is really "won" is an end to being married. Colorado is a no-fault state. This means that parties do not get paid for being in a marriage - good or bad. The judge will not make his decision based on fault and will not be interested in hearing the allegations. Spousal maintenance (alimony) is based on ability and need - not on fault. Most marital debts and assets will be...

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