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It’s probably not often that you let someone else make your decisions for you. Whether it’s where you’re going to live, what you’re doing for a living, or what you’re having for lunch, making your own decisions might just be the best thing about being an adult. Why would you leave the most important decisions to someone else?
Most people don’t like to think about what would happen if they were no longer able to make decisions for themselves. Worst-case scenario really takes on a whole other meaning when you’re really talking about the actual worst case. Just for a minute, though, imagine if you had a medical emergency and you were no longer able to make decisions regarding your medical care. Who would be left to make those decisions? Who has the right to make those decisions? What rights does your spouse have to enforce the wishes that you told them about late at night when no one else was around? What happens if you have family members who disagree? As you might have guessed, there is something better than uncertainty. You could leave it to competing family members and the Courts to determine what you really wanted, or with a very small amount of planning you can set forth your wishes, in writing, so that you, not your spouse, your parents, your children, or the state, make possibly the most important decisions of your life. In Colorado, adults have the right, while they have capacity, to execute directives that can cover many medical decisions: life sustaining procedures, treatment, artificial nutrition and hydration, and general care. Your directive can vary as to whether you have a terminal condition or are in a persistent vegetative state. You can nominate an agent with a medical power of attorney who will be empowered to make sure your wishes are enforced or, if you so choose, to make different decisions for your care. While exact rules can vary from state-to-state, we can assist you in drafting your Living Will to adhere to the regulations wherever you live. We can also help you adjust your directive in case you move. Properly drafted and executed, a Living Will takes responsibility for your most important medical decisions out of the ether and squarely into your own hands. At The Arriola Law Firm we can assist you in drafting, executing, and preserving your Living Will. We strive to provide personal and efficient service to assist you in preparing for the most unexpected. For a low flat fee of $75.00 we can guide you step-by-step throughout the process. There are too many situations we can’t prepare for. Plan today for the ones you can.
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In my previous post, we discussed the beginning steps of the eviction process in Colorado and, hopefully, gave you an idea as to either how to get started or what to expect if you'r expecting an eviction against you. I also, hopefully, conveyed the importance of seeking an effective eviction lawyer regardless of what side of the coin you're in on this process.
In this post we will discuss the eviction Complaint. Once your notice period has passed, its time to file a Complaint in Forcible Entry and Detainer ("FED"). The FED Complaint is filed in the County Court where the property is located. Claims for money damages may, but are not required to be, included in the FED Complaint. The FED process in the Courts is an expedited process because property is involved. This means that the Court process is handled quicker than the process for seeking civil money damages. The FED Complaint contains the basis for evicting the tenant. This means that, generally, attached to the Complaint will be the Lease Agreement (or whatever agreement there is between the tenant and landlord) as well as a copy of the demand to vacate. The Complaint is filed with the Court along with a Summons, stating the date of the Return Hearing. Return Hearings are held on regular dates and times by each Court. It's important to know the particular dates and times that your county's court holds their civil return hearings. Here's where it gets a little complicated. The Return Hearing for the Complaint must be set between 7 and 14 days from the date the Complaint and Summons are filed. On top of this, the tenant must be served no less than 7 days before the Return Hearing. Once the Complaint and Summons are completed, you must file with the County Court, pay the filing fee, and mail a copy of Complaint and Summons to Once the Summons and Complaint are filed, it's time to get the tenant served. Service must be accomplished by a non-party person over the age of eighteen. Usually this means that either the county Sheriff or a private process server will be hired to accomplish the service. Unlike lawsuits where money damages are sought, an FED Complaint does not require personal service. If the process server makes diligent effort to make personal service and is unable to locate the tenant, service can be accomplished by posting the Complaint at the property "in a conspicuous place". Note, however, that if money damages are being sought along with the eviction, personal service must be accomplished. Once the tenant has been served, it's time to get ready for the eviction hearings, which we will discuss in the next post. Call The Arriola Law Firm at (303) 840-2539 today to discuss your eviction issue with an experienced Colorado eviction attorney. Whether you're a tenant or a landlord, there may be no process more frustrating than evictions. You may hear terms like "3-day Notice", "Demand", "Notice to Quit", or "FED", and you're only question is either "how long do I have before I am out of my home?" or "how long until I can kick them out?"
In most cases, the answer is: it depends. Fortunately, the process need not be a total mystery. The fact is evictions in Colorado are fairly predictable and entirely dictated by Colorado statute. An experienced Colorado eviction attorney can provide the guidance necessary to smoothly guide you through the process. In this post series, the goal is to provide a relatively simple guideline to help you understand the basic process of eviction in Colorado. Today, we will start with the Notice requirements and what it takes to get to Court. The next post will follow up with the Court process and what one can expect at Court and the full timetable to get an Order for Possession. Once a default has taken place, the eviction process has begun. What creates an event of default can be actions (for example: illegal action in the property), or a lack of action (the most common default, for example: non-payment of rent). Your lease, in most cases, determines what creates an event of default. If you have a question as to whether something creates a default, consulting with an experienced Colorado eviction lawyer can assist you in figuring out where you stand. As a landlord, once an event of default has occurred you're next step is to post a Notice. A Notice comes in various forms depending on the default. In the event of non-payment of rent, you may post a 3-day Demand to pay. This gives your tenant 3 days to pay rent owed. As a tenant, if a 3-day Demand to pay has been posted, you must make the rent payment or the eviction process may proceed. Depending on the nature of default, the notice required could increase to 30 days or more. In some cases the demand must require the default be cured. In some cases the demand can simply demand the tenant vacate. An experienced Colorado eviction attorney can assist you in determining exactly what kind of Notice is required in your particular situation. Once the time to comply with the Notice has passed or, if no cure is possible, the time to comply with the Vacate Demand has passed, a Complaint in your County Court must be filed. The timetable for filing a Complaint and holding the necessary hearing is controlled by statute and an experienced Colorado eviction lawyer can provide the necessary assistance to make sure you understand the timing involved and are in full compliance. Failing to comply with the strict timing requirement process can jeopardize the swift processing of the eviction. In our next post we’ll discuss the Court stage of the eviction process. Call The Arriola Law Firm at (303) 840-2539 today to discuss your eviction issue with an experienced Colorado eviction attorney. 1. Perform due diligence 2. Make sure you lawyer up 3. Ensure you have exit strategy 4. Protect yourself 5. Protect your brand 2. Make sure you lawyer up. If the legal fees in the beginning of a business relationship don’t make you wince, then you’re doing something wrong. When you partner with other people, every aspect of the business relationship should be put down in writing -- including the goals for the company, duties and responsibilities of the partners and an exit strategy. Every sentence of a contract -- no matter how innocuous -- should be looked at by a lawyer. Since tax laws can be tricky, have your accounts receivable/payable arrangements scrutinized by an accountant.
A business startup attorney should be part of every startup's team. At The Arriola Law Firm its our goal to not just be another part of your team, but the most important part. Contact us today at (303) 840-2539 to discuss how we can help you execute your ideas.
Welcome to another pile of links. I am aiming for a mix of law, small business, tech, and occasionally something just random and interesting. Feel free to discuss any of the links in the comments or let me know what sort of links you might be interested in reading. Entrepreneur.com - 5 of the Wackiest Fast Food Lawsuits ever filed
The McDonald's coffee lawsuit is actually more interesting than most people realize. Ars Technica - Jury Finds CBS Infringes Podcasting Patent That the jury found CBS infringed on this patent is disturbing (because apparently making lists is patentable these days). However, the jury awarded the plaintiff a (relatively) paltry sum, particularly compared to what the Plaintiff was seeking. Mixed results. iO9.com - Court Determines that Bloggers are Journalists Bloggers should definitely be treated same as journalists. In this day and age there is really no difference. Inc.com - Businesses that Ban Bad Reviews, Congress is Coming for you Take a look at Palmer v. Klearger as mentioned in the article. A $3,500 "fee" in retaliation for a bad review that went unpaid and ended up on a credit report. Glad to see the Court case went the right way. Welcome to Day 1 of the Links of the Day! Along with the regular blogs, every Monday, Wednesday, and Friday I will be posting some some links that I found helpful, informative, or just plain interesting. I'd absolutely be interested in your take should you find anything posted particularly noteworthy. Lifehacker.com - Top 10 Legal Rights Everyone Should Know About
Some good points that most of us (lawyers definitely included) don't always think about until we're on the wrong side of a legal issue. Number 1 is definitely something to keep in mind too. Denver Biz Journal - Denver Startup Week “Small business is the lifeblood of the American economy, with 97 percent of the population employed at a small business...” A good discussion on bank funding the small business. Reuters - Nextel Carrier NII to seek bankruptcy $5.8 Billion Chapter 11 filing. Impressive. Entrepreneur.com - 5 Decisions Every Entrepreneur Must Face Are you thinking of pursuing your dream and getting that startup off the ground? Here's a little something to think about. Then call a lawyer. It might be the most important decision you make. I could make a recommendation. SCOTUS Blog - Monday Roundup The Monday roundup for the SCOTUS Blog. My links keep on giving. |
AuthorErick S. Arriola is the Founder of The Arriola Law Firm. He has been a practicing litigator in Colorado for over eight years with a primary focus in business and commercial litigation. ArchivesCategories
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Suite 400 #4058 Englewood, Colorado 80112 |