Mark Steven Cohen’s Answers

Mark Steven Cohen

Boulder Litigation Lawyer.

Contributor Level 8
  1. Is a verbal agreement enforceable under Colorado contract law

    Answered almost 6 years ago.

    1. Mark Steven Cohen
    1 lawyer answer

    A verbal contract can be enforceable, and the fact that the debtor made some payments would be evidence that there was some type of repayment agreement. You can file suit to the collect the rest. If you obtain a judgment against your friend, you can place a judgment lien on any real estate he owns, garnish wages and bank accounts, etc. Bad News: Most lawyers are going to charge you $200-$300 an hour.

    1 lawyer agreed with this answer

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  2. I am starting a business and the name sounds like another, is it legal?

    Answered over 5 years ago.

    1. Mark Steven Cohen
    2. Ronald Anthony Sarno
    3. Alan James Brinkmeier
    3 lawyer answers

    This is a tough question to answer because the answer depends on many factors. Will your company be marketing its services nationwide or just in Colorado? Will it be competing with banks that have similar names? Spending an hour with an attorney might provide some valuable ideas and prevent a much more costly legal problem in the future. Mark Cohen www.cohenslaw.com

    1 lawyer agreed with this answer

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  3. Are the terms of a rental house lease still good after the lease is up and the tennant remains in the property?

    Answered over 2 years ago.

    1. Christopher Daniel Leroi
    2. Oliver Ezard Frascona
    3. Mark Steven Cohen
    3 lawyer answers

    Most leases contain a clause that states if the tenant holds over after expiration of the lease then all the terms of the lease remain in effect.

    1 lawyer agreed with this answer

  4. I recently moved to Colorado from New England .I need to file a quit claim deed and don't know where to do this.

    Answered about 5 years ago.

    1. Mark Steven Cohen
    1 lawyer answer

    You file a quitclaim deed with the Clerk and Recorder of the County in which the property is located.

    2 people marked this answer as helpful

  5. HOA is not following the laws of the State of Colorado.

    Answered over 5 years ago.

    1. Cameron A Grant
    2. Mark Steven Cohen
    2 lawyer answers

    You may have some valid claims and defense to the HOA's claims. I would review the HOA's bylaws and the covenants to see if the HOA has violated any of those. Under state law the HOA owes an obligation of good faith. I have handled a couple of somewhat similar matters. In one case we sued the HOA, and the matter was ultimately settled, but the HOA was much more cautious about issuing violations to our client after that. The problem with these cases is that you have to ask whether it...

    2 people marked this answer as helpful

  6. Can I file a civil lawsuit against a military employee/personel

    Answered almost 6 years ago.

    1. Mark Steven Cohen
    1 lawyer answer

    The Department of Defense has a locator service, so if you have his name and date of birth (and Social Security Number?), you might try that. You can garnish military pay if you obtain a judgment. See, http://www.dfas.mil/militarypay/garnishment/mcdaqa.html

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  7. Financial Advisor changes documents AFTER I have signed them.

    Answered over 4 years ago.

    1. Mark Steven Cohen
    1 lawyer answer

    I am not aware of any such form. If what you say is true, this person may have committed a crime and you should consider calling the police. You may also have civil claims against this person for fraud, breach of contract, and breach of fiduciary duty.

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  8. Does the spouse of a sole shareholder have to sign the non-compete agreement in an asset sale?

    Answered about 5 years ago.

    1. Mark Steven Cohen
    1 lawyer answer

    The non-shareholder spouse does not have to sign it, it is completely negotiable. However, if this is important to the buyer, the buyer may decide not to do the deal unless you also sign the noncompete.

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  9. Am I trademark infringing

    Answered about 5 years ago.

    1. Mark Steven Cohen
    2. Daniel Nathan Ballard
    3. Pamela Koslyn
    3 lawyer answers

    There have been at least 15 TM applications on the word "Crossfit," according to the USPTO site, so I am not sure I agree that is a unique mark. A Google search produces more than one million hits on that term, which appeas to be considered a fitness methodology. The fact that you are not profiting is helpful. A disclaimer might also help. I agree you should consult an IP attorney.

    1 person marked this answer as helpful

  10. Can I countersue an HOA for harassment??

    Answered over 5 years ago.

    1. Mark Steven Cohen
    1 lawyer answer

    I have handled several cases like this. The first thing to do is see if the HOA has violated its own regulations or the convenants/declarations. Also, there is a statute the requires the HOA to act in good faith, so that is a possible basis for a counterclaim. The problem is that it is usually cheaper to settle with the HOA than it is to litigate. I did have one client who spent a lot of money to fight the HOA, but when it was over the HOA was much more reluctant to issue...

    1 person marked this answer as helpful