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James Underhill’s Answers

623 total


  • My ex left to Indiana and took my 5 year old under false pretenses. We were never married and custody was never established

    I am the father and I miss my son very much

    James’s Answer

    You didn't say how long ago they left. If it has been less than 90 days, file an Allocation for Parental Responsibility petition in the court in the county you live in. This will have a Colorado judge decide parenting time, child support, etc.

    If its been more than 90 days you may have to go to the other state -- HOWEVER, don't panic until you meet with an attorney and discuss your facts in detail. Some states have a 6 month or longer period before their courts take jurisdiction over a child, so you may still be able to file in Colorado.

    Your best bet is to discuss the matter with an experienced attorney to make sure that you understand your rights and options.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

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  • What is the process & cost to become bonded in Colorado?

    Looking to start pet sitting &/or house sitting part time. I, curently, am self-employed & operate a reputable service for pets.

    James’s Answer

    I did a quick search and it appears that In Colorado there is no requirement to have a license or permit to be a pet sitter/walker/care giver. Some cities have their own codes and it would be good to call the city government in the cities that you live and plan to work to make sure they don't have a special requirement -- for example if you were going to have a number of dogs in a single location, that would probably require either special zoning or a permit.

    A bond is an insurance policy. You need two kinds. The bond, which is basically a promise by the company to pay damages to the people you do business with in the event of a problem in their house or with their property (including the animal). You also need liability insurance. This insurance defends you in case of a lawsuit against you for work stuff, as well as anyone who gets hurt, for example a big dog gets lose and knocks over a stroller, etc.

    You should also incorporate your business. An S Corp will probably be good. Stay away from LLC's as in the past few years the federal government and the courts have been chipping away at liability protection for single owner LLC's.

    Your best bet is to pay for an hour of an attorney's time to get a good read on your rights and options, and things like liability, and also to discuss having a customer contract written that makes sure you get paid.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

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  • How can I effectively request proof and terms of debt from collectors when they keep passing the buck?

    I have a court date for a pattern interrogatory for a count that has fallen outside of the statute of limitations. The judgement itself may or may not have fallen out. It's from Bank of America. I've called them, asking for information in wri...

    James’s Answer

    It is a violation of both the Colorado and Federal debt collection laws for a collector to refuse to provide proof of the debt when requested. Here if they are doing interrogatories, it means that they already have a judgment, or that they are asking prior to trial. Its hard to tell from the facts you provided.

    If they have a judgment, they are simply putting you off because they don't have to give you anything, they already won the case.

    If they are asking questions prior to trial, then you have the right to propound the same questions and requests for documents to them. That way you not only have the law requiring them to provide information, but you've created a separate obligation in the case.

    I would advise seeing an attorney right away to discuss the matter and get a good understanding of your rights and options. You can either get a free consultation, or pay for advice without hiring an attorney to represent you if you want to represent yourself.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • How should I go about getting married to a person in Ireland just to leave the country?

    I'm an American citizen. But after having long extended trips to Europe I've decided that the US is not the place for me. Although things are different in Ireland I feel that there is more freedom. I don't like it here. I see how we lie compa...

    James’s Answer

    Why do you feel you need to be married to move? You can apply for a long term visa directly, or get a visitor visa and consult with an Irish immigration attorney about ways to stay in the country (such as finding a job).

    Before getting married (which may cause you other issues) and committed immigration fraud in a foreign country, you should do more research and possibly even have a long distance call with an Irish attorney.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

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  • Verble abuse and sexual harrssment, promises, quit pro quo

    sunday morning sep16,2012 cole hoop had yelled and got in my face in front of 13 crew members telling me to shut the f*** up! he also had made prmoises that wen he got back from vaca that i would b assistant manger, he also has this probmlem with...

    James’s Answer

    You have three issues.
    1. The promise to promote you to get a relationship is bogus and you can't enforce it.
    2. The sexual harrassment is actionable and with an attorney's help you can probably get a settlement from the company -- but you should get a job elsewhere before rocking the boat any more or they'll just fire you.
    3. The harassment for your going to his boss is also actionable, see #2.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • My landlord discussed my medical history with a third party over the phone. Is this illegal?

    Told the third party how I am on medication for my ADHD

    James’s Answer

    Well the horse is long gone, so shutting the barn door is a little late. However, for future reference NO ONE has a right to know your medical issues. You chose who to tell, and most people simply do not discuss their diseases or treatments or meds with someone who is not at least a relative who might at least use some discretion.

    If the disclosure was malicious -- that is the LL intended that you would suffer in some way (other than embarrassment) like losing a job, losing a new apartment, etc., then the LL's act could be actionable due to the malice.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • Landlord/family member we rent from a family member and there is no lease, What are my rights?

    Ive asked this familymember/landlord not to come over 2 times now in the last year we have lived here we have not been getting along , he sends me a text 2 minutes before he gets her and when i said not today he dosent care. I have asked him to l...

    James’s Answer

    Well, I have a different take on the situation. First, no one can enter your home without your permission, it doesn't matter if its the Landlord, the owner, or anyone else. Call 911 and have them removed for trespassing. (Sometimes officers would rather be jerks than help -- the officer has no power to order you to let the guy in. If the officer says he has a right because he's the landlord, point out to the officer that while the landlord may have a right to inspect, that's a civil matter. Trespass on the other hand is a criminal matter.)

    Without a written lease the landlord has no right of inspection, and only a common law right to enter in the event of an emergency (broken water pipes, etc.). Without a written lease the landlord must give you a full 30 day notice, that means if the notice is in September, you are not required to move until October 31.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • In the event of a forced sale due to partition, can the court force only certain parties to sale, or the sale of the whole?

    We recently purchased a house with our co-owners and each wants to buy the other out of the property, but neither is budging. It's probably going to go up for partition. Is there any leverage that can force the sale of one party to another i.e. de...

    James’s Answer

    It depends how you are holding title. Colorado statutes expressly permit a partial owner to convey their interest in most cases.

    Have you thought about mediation? Or having a "baseball" resolution of the price? Or flipping a coin to see who buys and who sells?

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • "exploratory" was avoided by all doctors since surgery on Oct 10, 2009 that left me in pain & numbness do I have legal options?

    Oct10,2009 under local anesthesia,( simple surgery) I felt the pain as surgeon yanked on me. Nurse pulled my head toward her so I couldn't look.I yelled that it hurt all the way down to my toes. I went to recovery area and told attendants of bad p...

    James’s Answer

    This is a terrible situation. You have some options. First, see an attorney about the med mal claim. Depending on the various issues, you may not have recognized a claim until some of the later doctor visits.

    Also, I assume you filed for unemployment, do so (doesn't matter how late it is) and you have filed for Social Security Disability. If not, see an attorney experienced in these matters and see what your rights and options are.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • How long do you have to respond to motion for entry of dissolution of marriage through bifurcation in Colorado?

    My husband has stated in his motion that he has planned a wedding date for this weekend, and it will cause him undue hardship if he is not divorced by then.

    James’s Answer

    Sounds like you should consult with an experienced attorney regarding the matter. The husband's action seems strange, and you should have a good handle on the issues in your case, and your options.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question