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Stephen Clark Harkess

Stephen Harkess’s Answers

8,075 total


  • I can't seem to find an attorney that has any balls to take this case so my question is how do I find a big attorney for persona

    I was arrested for a traffic violations and was in jail maybe a total of 18 hours but in the first 4 hours to correctional officers beat the crap out of me for 5 minutes over and over hitting me and need me and beating the crap out of me until I c...

    Stephen’s Answer

    Your claim is for violation of your civil rights under the Fourth or Eighth Amendment. Use the Find a Lawyer link and schedule a consultation with attorneys in your area who handle Plaintiff's Civil Rights claims. You will want to bring along your medical records and any records you have regarding your arrest. This is your best bet to find an attorney who might handle your case on a contingency basis.

    If you cannot find an attorney who believes your case is strong enough for the attorney to invest his own resources into the case, then your other option is to pay an attorney for the work involved. That will greatly increase the pool of available representation.

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  • Is there any indication that HIPAA or a federal confidentiality law was violated and what can be done?

    A guy at the Colorado Center for the Blind, a training center affiliated with the NFB National Federation of the Blind, decided to breach confidentiality, but my thing is he passed around some sensitive information to someone I was dating. I wonde...

    Stephen’s Answer

    If there is a possibility that HIPPA was violated, you have the right to file a complaint with the Department of Health and Human Services. HHS will investigate and might sanction those responsible. This is the only recourse for a HIPPA violation. You can find a link to the compliant form below.

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  • Can I sue each one separately for $7500 and do I need to name the Department of Agriculture in the suits?

    I want to do a civil suit against 2 inspectors with the CO Department of Agriculture for malfeasance.

    Stephen’s Answer

    You can sue them for as much as you want. However, you aren't going to win. Your suit is almost certainly barred by the Colorado Governmental Immunity Act. If you have not filed proper notice and ensured that your claim falls within the waiver of immunity, then you will lose.

    Finally, if you think your damages actually exceed $7,500 then you might go ahead and file in county court or district court. You will be going against a lawyer (from the Attorney General's Office) regardless of what court you file in, so you won't get much of advantage being in small claims court. A small claims case will be bumped to county court (under the small claims rules) when the AG's office enters their appearance.

    If you seriously believe that you have a valid lawsuit that is not barred by the Colorado Governmental Immunity Act, then you should consider working with an experienced attorney so that you satisfy the statutory requirements and actually have a chance to prevail.

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  • How do I terminate contract without paying the remaining 8k which i cannot afford to do and do not feel that i should?

    Signed up for a one year contract for career coaching. contract is for 9k for the year i,e $750 a month for 3 one-hour sessions. Not happy with the coaching after 1 month - not meeting expectations of learning and having issues with personality o...

    Stephen’s Answer

    One option is to discharge the debt in a bankruptcy proceeding.

    Short of that, you will be bound to the contract unless you can demonstrate that the contract was coaching company breached the agreement in some way that justifies cancellation.

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  • Is it illegal if a collection agency refuses to give you a detailed transaction history when requested?

    I had conducted business with a predatory lender (Freedom Furniture and Electronics). I eventually fell behind on my payments. My debt balance jumped from $2600 to $3900 in less than a year. I wanted a transaction history to see why my loan balanc...

    Stephen’s Answer

    There is no requirement for the debt collector to provide you with a transaction history. The truth is they don't have it at this point. They may have the right to obtain the transaction history from the original creditor and will do so (if they can) if the case goes to court, but they likely don't have that information available at this point.

    There may be other reasons that you can pursue claims against the debt collector if they have violated the Fair Debt Collection Practices Act and you have the right to tell them not to contact you any further unless they take the case to court. If they do sue you and you file an answer, they will need to obtain the loan details and you can obtain this information and use it to negotiate a settlement.

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  • Direct I have any chance of getting a domestic violence lawyer?

    I have been accused of domestic violence. I believe is false accusations. I'm disabled and on a fixed income. Heart condition. I'm not asking for a "free ride" just a little help saving and innocent man.

    Stephen’s Answer

    The public defender's office will assist you without charge.

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  • What do I need to do to make sure I get the right to appeal granted?

    I have a D&N case since 2014. We will have a conference settlement with a court family facilitator. If there is no agreement, we will have a contested hearing on 2-18-16. I am representing myself and I am currently looking for an attorney. I did ...

    Stephen’s Answer

    The right to appeal a trial court's rulings is automatic so long as you file the Notice of Appeal within the time limit after the final orders are entered. However, it is more complicated to preserve issues for the Court of Appeals to address on appeal.

    Except in very rare and egregious circumstances, the Court of Appeals will not consider an issue or argument that was not first presented to the trial court. If you intend to appeal, you need to ensure that you preserve your objections. This means that if you have a problem with a legal ruling that the judge makes, you need to speak up and object. If the opposing party is attempting to introduce evidence that you do not believe is allowed under the rules of evidence, you need to object. If you fail to raise an objection before the trial court, then the Court of Appeals may refuse to review your arguments on that issue.

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  • Can I sue my family?

    Well my family has cost me college funds and torture plus labor.

    Stephen’s Answer

    You can sue anyone for anything. In some cases you can even win a lawsuit against family members. However, in order to win you will need to prove that the Defendant or Defendants did something wrongful that caused you personal injury or cost you to lose money that actually belonged to you. This is not evident from your one sentence description.

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  • How do I start the letter for the absent parent. What do I need to include to not make it offensive and to keep things civil.

    my wife and I are wanting full custody of my daughter. The father has never been in her life and is considered a stranger to her. Just wanting to know what steps we need to take and if simply writing a letter would be enough.

    Stephen’s Answer

    No, writing a letter gives you no legal rights. It wont' give you anything more than you have now. If you want the child to be legally your child, then you need to file an adoption case and seek termination of the father's rights. If you simply want to get your wife legal custody, then she needs to file for Allocation of Parental Responsibilities. Especially if you are looking to adopt, you should work with an experienced attorney.

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  • How can I get a divorce from my husband who I haven't seen in 8 yrs and lives in Vegas after he abandoned my children and I?

    My husband abandoned me and my teenage children 8 yrs ago, they have since grown and are out of the house. However not before he made us lose the house and car gambling in Vegas, But I digress, bottom line I haven't seen or lived with him for 8 yr...

    Stephen’s Answer

    You never needed his permission to get divorced. You do need to have him served with the divorce papers. The Clark County Sheriff can probably assist with that if he is living in Las Vegas and you know where he is. If you don't know where he is, you need to use reasonable efforts to find him and then, if that fails, you can have him served by publication. If you are having trouble figuring this out, you should consider consulting with an attorney.

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