Tag Archives: Colorado

Stolen property under lease My ex-boyfriend left me at the end of March, almost…

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Stolen property under lease
My ex-boyfriend left me at the end of March, almost exactly 2 weeks after I bought for him (myself as buyer and him as cosigner due to credit reasons) a $6000 vehicle to get to a job he lost the first day he went in. He took the car without my permission to Alabama (we were living in Colorado) and nearly got it repossessed, making no payments until the very last minute. He refuses to refinance it, and now the dealership is harrassing me and insisting I sign some new bill of sale, which I am not willing to do unless I have some sort of agreement that he will get my name off that car or give it back, one of the two.
Also, when he left I was in Oregon for my sister’s 4th birthday. I came back to CO at 3 am from the airport to find my apartment ransacked — he said he would take a couple things, but this was shocking. Everything that was left was off the walls, in piles around the apartment, all the lights were on, and the door was unlocked.

He also said (and signed a paper stating) he would pay half of the bills for that month and his half of the rent for the remainder of the lease, which was 2 months, and he only paid one rent payment and lied about the rest. I am going to owe about $4000 to collections from him.
What can I do?

A collection agency (attorney’s office) is filing a suit against me.

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A collection agency (attorney’s office) is filing a suit against me. I have never received anything from this company before but a Verified Complaint under Simplified Civil Procedure for a old debt ( plus additional interest from the collection agency ) on 05/26 for a court date 06/11. Given only 12 days, I responded a counterclaim stating 1) lack of privy 2) plaintiff voluntarily, with knowledge inherent, made an assumption of risk in assuming ownership of a purported and and is not entittle to judgement and not entittle to equitable, pecuniary or statutory damages
3) contributory negligence that if plantiff won would be unjust enrichment. I did not file a Debt Validation request because I didn’t think I could after being served. Plantiff has not provided any paperwork to me. I contacted the County court for the trial date however the clerk stated the plaintiff vacated it’s summons. On 09/19/09 I receive a Motion for judgement on the pleadings with the pretrial set for 10/08/2009.
Had a pre-trial today I entered my disclosure statement with the above statement and attached the F.D.C.P.A 808 and 809 for exhibits. Respectfully, notify the judge that the plaintiff never produced an agreement that I actually signed to agree to the terms of the agreement, pushed that the federal law preempts state law, and notified her that the summons was the first notification of the alledged debt, under C.R.C.P rule 59- plaintiff is requesting interest on something that has never been agreed upon. Plaintiff entered disclosure statement (with statements from the credit card company and USBank credit card agreement statement-states this is proof of privy), bill of sale and an affidavit of indebtedness and acknedgement of assignment (dated 7/08/2008). Filed a motion of judgement listing C.R.C.P rule 309(a), C.R.S 38-10-112, Peterson vs. Halsted 829 P.2d 373, 375(Colorado 1992) -“pierce the formal allegations of the pleadings and save the time and expense connected with trial when, as matter of law, based on undisputed facts, one party could not prevail”. C.R.C.P Rule 312(d).

Judge stated that I could not use federal law in Colorado court system and that if I was representing myself I need to also be treated like a lawyer (not sure what that means) and stated that I would need to get familiar with the Colorado state laws if I’m going to go to trial. When I left the court room the lawyer basically followed me down the hall and said “I’m going to add lawyer fees to this; This is just riddiculous”. I didn’t respond to her and left the building. Please advise I need law advise on what to do.

”as is” private party car sale fiasco I live in CA and the buyer of my car…

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”as is” private party car sale fiasco
I live in CA and the buyer of my car lives in CO. He flew out, I showed him the car revealing everything about it to the very best of my knowledge. He signed a Bill of Sale clearly stating ”as is no warrenties expressed or implied.” He drove the car for close to two days then ran it out of oil blowing the engine. He had the car towed to his home and stopped payment on the check. He wants to renegotiate a ”fair price” since he thinks it isn’t worth the amount he bought it for. He has mechanics claiming the interior of the engine was rusty and it never had oil (not true since I filled it and the gauge read full at the time of the sale). I found out I will have to go to CO to file a small claims suit and I want to know if he is obligated to pay me because the sale is ”as is”. He has my car and my money. What are my legal rights in this matter?

Landlord/Tenant/Corporate agreements.

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Landlord/Tenant/Corporate agreements.
One year ago we sold our home to our ‘corporate financial partner’ to raise $$ for our business. There are currently no written rental agreements. The home is used both for the business and our residence. In December we made a verbal agreement that he would add a few months rent to our existing loan with him so that we could apply the $$ towards the business.
We paid our rent last month, and are planning to do so this month as the company is doing very well now, however, yesterday he gave us verbal notification that he will be selling the house in order to recoup the money that he put into the corporation and that he ‘done’ with the corp.
He has threatened us with this before when we had disputes (and when we were paying our rent on time), but we were able to resolve it by reminding him of the impact that it would have on both the business and us personally. He is not willing to look at that now and is actively pursuing the sale. He is both a realtor and a lawyer. Do we have any rights or grounds to stand on here?