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J Aaron Atkinson

J Atkinson’s Answers

107 total


  • I want to sue the company I hired to help with my tax issues, they took $73,000.00 from me, and did not do the job.

    In 2010 I hired this company to prepare & file my business taxes. In the matter of about 6 weeks, I had paid them $73,000.00. They said they would have to file my personal taxes also, and unless I had them do that, and send them more money, they...

    J’s Answer

    I agree with my colleague. You will have some intricacies involved with the fact that they are operating in California. You should consult with an attorney who could review the engagement, including any agreement with the company, and advise you as to the process of vindicating your rights. There may be issues with respect to the forum of choice (California, Colorado or other) and the choice of law that applies. Contact an attorney as soon as possible so as not to waive any of your rights. Good luck.

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  • Are we out of luck and just need to litigate?

    In CO, mechanics lien question, being filed by subcontractor: We filed notice of intent on 12/29, and actual lien on 1/19. Last date of work noted as 12/23, so 4 mth mark in a few days. Learned that the owner information we took from our co...

    J’s Answer

    You need to speak with a Colorado attorney as soon as possible. There are opportunities to amend, but someone will have to review the documents in detail. You also probably still have legal rights, although not equitable ones. Talk to attorney as soon as possible!

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  • Can I reverse the quite claim deed with out my ex husband consent?

    I quite claim deed my property to my ex husband and we signed a private contract in which he bought my part of the house for $15,000. In the contract he committed to pay me $5, 000 then, $5,000 after couple of months and $5,000 when he sells the h...

    J’s Answer

    Your answer really depends on what the contract says. Also, is there anything recorded against the land? Subject to these two questions, it would seem you obviously have a right of action against him for the remaining balance. You should consult with a collections attorney to assist you in recouping what is owed to you, including reviewing the necessary documents.

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  • Can a property owned by an LLC be seized for these judgments against the LLC's owner? What about the IRS?

    I have multiple judgments against my ex husband for child support, medical bills for our children, court costs awarded to me and never paid, and more. The IRS filed several leins/judgments against him as well. His parents meanwhile opened a fami...

    J’s Answer

    You may have opportunities in garnishment of the LLC and any amounts to be paid to him. In any case this isn't easy and will require representation, resources and time. Hire a good litigator in collection. Good luck!

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  • I purchased my home in 1997, the property line was 3 ft off ( to my good). It has been fenced like this Since late 80s.

    Now the neighbor who has lived there for over eight years wants me to move my fence and shed so he can reclaim the three ft. Is this something a judge would make me do?

    J’s Answer

    I'm most interested in the title policy that may have been issued to you when you purchased your residence. One would assume that should have been uncovered at that time, and you may have remedies against the title insurance. Consult with an attorney to verify this. Good luck.

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  • Apartment flooded, Personal items damaged, Insurance wont cover it. Is my apartment complex responsible?

    Long story short my apartment has been flooding for about a week. I'm unsure if they have fixed the issue yet. My question more is about my damaged items (laptop, matress, dresser, tv stand, shoes, ect.. ect..) My insurance isnt going to co...

    J’s Answer

    Your question is really too difficult to properly respond to via this website. This could involve a variety of insurance policies and potentially-culpable parties. You should consult with a lawyer and have them review your renter's policy (if applicable), lease and other documents to begin the process of assessing who may be responsible. Good luck.

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  • Does an indemnification clause mean we are still liable for subrogation claims on work where the warranty period has expired?

    We are a subcontractor, our contract, w/said contractor, clearly states that we will warranty any defects in work we provide for a period of one year after the Certificate of Occupancy is issued. The contract also includes an indemnification clau...

    J’s Answer

    Indemnification is a major issue in any contract; you should have a lawyer review the contract and give you an opinion on your rights as soon as possible. Because this involves contractual language and a construction project (both of which are complex things), it's impossible to give you an adequate opinion over this site. Contact a lawyer to make sure you're covering your bases. Good luck.

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  • Who is responsible for paying subcontractors? The contractor or the homeowner?

    I own a window/glass replacement business in Colorado. We were hired by a roofing company to replace a few windows at a house where the roofing company had signed a contract with the homeowner to complete repairs due to a hailstorm. The homeowne...

    J’s Answer

    I agree with Mr. Harkess. In addition, generally speaking, if you have offered materials that have been incorporated into the homeowners' house, and if the homeowners have not yet paid for the materials, then you have a right of action against the homeowners for unjust enrichment. You would also have lien rights as against the property - but that depends upon the passage of time since the materials were given. You should consult with an attorney to ensure you are not waiving any rights and to secure your claim(s) for payment. Good luck.

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  • A drunk driver totaled both my cars. Any advise for when the insurance claims person gives me an amount?

    I know they will shoot for a low amount. The blue book value of both cars totals about $5500. I'm just looking for any advise if it's anything lower or if I would be entitled to more? Thank you for your time!

    J’s Answer

    You should consult with an attorney; there are a variety of damages that may be available to you from a few different sources. An attorney can review the policy and advise you to maximize your recovery. Good luck!

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  • I'm a contractor who does estimating for smaller general contractors . I had a contractor cancel a check after I had deposited.

    My bank says he bounced the check bank but he says he cancelled the check . His basis for it was that he coudnt get a hold of me for a week. But I have the email chain with me answering questions to his daughter via email. I know I have the opti...

    J’s Answer

    Generally speaking, it is against the law to write checks that cannot clear. There are many facets to your particular situation, however, that merit speaking with a lawyer. You should do so quickly so as not to waive any rights you possess as against him for the bad check and for nonpayment of funds due. Good luck.

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