Skip to main content
Robert John Murillo

Robert Murillo’s Answers

4,792 total


  • Does Colorado have the three day law

    We made a poor decision when buying this car we get home are motor mounts are broke and we would like to return the car and just get our money back can we do that

    Robert’s Answer

    No, Colorado does not have a three-day rescission right on bar purchases.

    See question 
  • Can I have a contempt of court citation issued for harassment?

    Wife and I have civil restraining orders. We are divorcing. In Colorado. She has sent our realtor reems of texts harassing her. The realtor has called police. Wife also left threatening voice mail on another persons cell. Person alerted police. Sh...

    Robert’s Answer

    Unless the realtor was covered by the restraining order, you have no basis to file contempt.

    See question 
  • Can my attorney ask me to fix his car and then deduct from fees that i owe him

    i paid my attorney 3200 cash for mediation which he never made it to mediation and they would not continue it out any further so we went onto trial and said we can put that 3200 cash toward flat fee of 5000 so therefore i had a remainder of 1800 i...

    Robert’s Answer

    Yes, he can ask you to provide services for the amount due to him. If that amount is already earned, there are no ethics issues as to the requirement to earn fees. Also, this has nothing to do with commingling as that relates to when a client deposits a retainer with an attorney. The attorney is required to hold those funds in a trust account and then only disburse them to their business account when they are earned. Those funds cannot be commingled with the attorney's personal funds. Like I said, that has nothing to do with what is going on here.

    In short, based on your facts, he is free to ask and you are free to say no. He is then free to sue you for the amount due.

    See question 
  • Am I obligated to pay my sign on bonus back?

    I received a sign on bonus for $3,000 with the agreement to stay on for 3 years. However, after 8 weeks on the job I received notice that they cut the program I was hired on for. The company agrees that my work performance is excellent. I decided ...

    Robert’s Answer

    An attorney would have to review the agreement and other facts. However, if it was a simple as you must stay for three years, I doubt you have a good case to not pay this back if they decide to sue.

    See question 
  • Can I sue for wrongful termination when employer violates own rules?

    I've been told that I was terminated during my probationary period after it had been extended. However, the employer's rule states "Appointing authorities may extend an employee’s employment probation for a period not to exceed an additional six (...

    Robert’s Answer

    You can sue anyone for anything. The question is whether you have a case that would get you anything. Based on your facts, you don't have a case that would get far. If you want to spend five or six figures to find out, that is your choice. I doubt you would find an attorney who has any interest in this on contingency. As to the type of attorney, this is an employment litigator.

    Your case does not sound good because it matters if the employer violates rules if that impacted your rights, such as contract rights. Unless the rules (or a contract between you and this employer) provide that the employer cannot terminate you during a probationary period unless they follow the procedures you mention, you have no case. I would be stunned if the employer would be that stupid to have such a rule, but I guess anything is possible.

    So start contacting plaintiff's employment litigators and arrange to get advice on your matter. They will need to get more facts and all relevant documents and correspondence. Expect to pay for this as this will take some time. Good luck.

    See question 
  • How can there be suppressed evidence without a motion or a hearing or a judgment?

    I have an on going domestic relations case and when i viewed my file i noticed that every paper that i filed with the court .has been stamped suppressed. I need to know what it takes to do that and if it's even allowed. If it is not allowed whom s...

    Robert’s Answer

    That just means that the filings are not public. It has nothing to do with the rules of evidence and what evidence is allowed for use in the case. If you plan to do this pro se, do yourself a huge favor and pay an attorney hourly to help you from time to time in your case, especially if the other side has an attorney.

    See question 
  • Can I get a cash deposit back from a bank (not my bank)?

    I am purchasing a business from a third party, took a down payment to their bank (Bank of America) and conversed with the seller for several days, now he does not return my calls or texts ... I have the deposit receipt, can I get my $2,500 back?

    Robert’s Answer

    No, you cannot get it from the bank. You will have to hope that you are able to get it back from the seller, which seems rather doubtful based on your facts. Good luck.

    See question 
  • How can we get our bank to stop insisting on charging us extra interest and fees to pay off our FHA mortgage and refinance?

    We currently have an FHA mortgage, and pay monthly MIP (Mortgage Insurance Premiums). The value of our house has risen a lot, so we are refinancing to a non-FHA mortgage to get rid of the MIP. We are going with the same lender, and they are giving...

    Robert’s Answer

    No, you should not sign the documents and think you can sue and win in small claims. The loan documents likely have dispute resolution terms that may require you to follow certain procedures which could include a different venue than Colorado.

    As to what to do, I am sorry but there is no magic answer. Either they agree to your interpretation of the rules or they do not. Either you agree to their terms or you use another lender with terms that you will agree with. So, in short, either you will come to an agreement that is acceptable to both parties or you will take a risk on your idea of suing them on your interpretation of the law.

    See question 
  • How can I find out if a will has been read after 7 months of death

    My children have not heard anything about their fathers will not from his lawyer or anyone .are they suppose to get in touch with them after so many months?

    Robert’s Answer

    A will is generally not read. Now, the decedent could certainly ask for that, but the reading is not relevant as to the beneficiaries. What is relevant is probate of the will and the probate process. If the father resided in Colorado and had a will then that is probated in the county where he passed. You can contact the probate court and see if the will has been probated and then you can know who the personal representative is and they would have an obligation to notify the beneficiaries. If he left nothing to the children, then there will never be a notification to your kids.

    See question 
  • Can I revoke a quitclaim deed that i signed into a land trust if I am the grantor and no beneficiary has been recorded?

    I sighned a quit claim deed to my home into a land trust where only the trustee has been recorded as the power of attorney and nobody has been recorded as the beneficiary. If I wanted to revoke the power of attorney and fire the trustee, could i a...

    Robert’s Answer

    Retain an attorney now. This is not a DIY project and what you posted indicates various issues in your understanding of the issues and your options. This requires review by an experienced attorney of all the relevant instruments and other facts.

    See question