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  1. I share a property easement (noted in Decree Quieting Title from 1969) for a fire road (which starts on my property, borders several neighbors properties, and then connects to the main county road) with a few neighbors. For last three years (since my wife and I purchased the property), we’ve very infrequently used access to my property from the fire road for an equine therapy business (less than 30 times per year). Now, these same neighbors have initiated a ‘cease and desist’ action against us (served today), seeking to prohibit me from using the road for business purposes, but still allowing personal access. Two of these neighbors also have businesses which use the same road; one very infrequently (like us), and one much more frequently (multiple times each week). Can they legally prevent me from accessing the road for business purposes, while two of them still do the same thing (one also equine related, the other involving car repair, etc.). I don’t believe so, which has led me to seek out some answers. Our small town has no attorneys, so I’m trying to do some research on the issue, as I consider all of my options. Regarding the Decree Quieting Title (can upload the 3 pg document here, if necessary): it gives us all equal access, granting no one superior or inferior rights over another. The decree specifically states that we (our property, as well as the other property owners noted in the decree), “shall jointly have the right to use and enjoy said right of way easement...pursuant to their accrued and vested rights prior to the institution of this action, it being the intention of the parties that their stipulation to the entry of a Decree quieting title to said easement shall not enlarge or limit the vested rights of the parties prior to the institution of this action.” I’ve been searching for several days now, but can’t find any definitive information anywhere online to help... any assistance or redirection would be genuinely and greatly appreciated! Thank you.
  2. I had my engine replaced at a shop that a friend ran. We had work done there previously and, other than the specific work done, everything was the same. We had the vehicle towed there after getting a decent priced quote. It took 3 months vs the 3 weeks we were told. After we got the truck back, everything seemed fine but a light on dash was flashing .. then, the third or 4th time we drove it every dash light came on! So we took it back to the shop a 2 or 3 hour drive. Left it for another week or two and were told that ther was an oil leak on the engine and many bolts weren't even tightened. We were also told that they would make it right and we believed the work was warrantied. We were told to pick up truck again but now it's in limp mode. A pump has gone bad in the exhaust. So this truck that wr still owe 6500 on, the same one that we spent almost 4000 replacing the engine on sits in our driveway because of the new engine install and wiring issues. The autoshop says they know nothing of the work being done and it must have been the mechanic (who no longer works there) after hours work and they are not responsible. So I showed them the paperwork for the engine delivery that was delivered there and asked him where that engine was. He gave no answer.... this has made the 2007 Toyota tundra worth 500 dollars on a trade in and otherwise not drivable. What can we do?
  3. I am asking for a friend. She is a young woman who has been dating my nephew for about 3 years. Her employer of 4 years doesn't like him, and has spent an inordinate amount of time and effort trying to break them up and get her to date another young man who is also an employee. This man is considerably older than she is, and has also acted very inappropriately to her, sexually harassing her outside the workplace. This girl finally had enough of both of their actions, and two days ago gave notice, as she was becoming more and more uncomfortable at work. The employer, a woman quite a bit older than she is, flipped out. She sent her several threatening and harassing text messages on her phone, and called her early in the morning to yell at her. The employer even tried to pick a fight with the girl's mother when she was visiting from out of town yesterday. Today, the employer allowed her to come to the business to turn in her key and collect her personal items. I accompanied her, as this woman's mental stability is very concerning, and we also had a policeman as a civil standby. He has the exchange recorded on bodycam. This employer has spent the last few days trash-talking the girl all over our tiny (pop. 1200) town, without cause. This girl is the only employee who showed up, for all her shifts and covered several others. She was the most honest and reliable employee at the store. We are wondering if she has any recourse for her employer taking such an obsessive and inappropriate interest in her private life. I have never seen anything like this, and I'm almost old enough to retire!
  4. I have been with my significant other for 26 years. We have never married. We own a home together and have some joint accounts. About 2 years ago he was left a large stock plan from his grandfather. We are looking at separating/divorcing (unsure what it really is since we aren't legally married). The deed to the house is in both our names so we planned to split the profit 50/50 along with splitting all the items inside the house equally and the bank accounts. What we don't know is if I have any rights to half or any of the stocks. We don't want to have to involve attorneys and are working together to make this a smooth process. We both work full time though he makes more than me but I raised our daughter primarily and now our granddaughter so we view each other equally. I have been working from home for 8 years to have more flexibility to help with our aging parents and granddaughter which hasn't allowed me to make as much money as I could in an office job. I only note that as I read something about Colorado that a judge tends to give more to the person who makes more money.
  5. My sister had my mom change her bank accounts to pod to her. This changes was made with no one's knowledge but hers. The amount in those accounts were in excess of 200 k dollars. There is also a life insurance policy for 1 million dollars that stated my sister as beneficiary. While my mom was still alive I asked her if we could go to Merrill Lynch to ask some questions that put up red flags, this being one of them. At the last minute my mom told my sister we we're going and showed up there. She is executor and trustee of my mom's estate. When I asked the accountant about this insurance policy he stated that he had no control of these funds because they were not part of the trust. I asked why was my sister the only beneficiary on the policy? My sister said " i.n order to write an insurance policy you must have a beneficiary. I was the one that went with her. It will be turned over to the trust when Mom dies, let's go to lunch. Well it never was turned over to the trust. I asked her about this policy when Mom died and she said there was no policy for a million dollars. Is there a way to find out about this policy and if in fact she did not turn it over. She will no longer speak to me or answer any communication from me. Is it not stated ithat a trustee is not allowed to receive or enter into any contract that would make her receive any gift or or a substantially greater benefit then the other beneficiaries? I think 1 1/4 million dollars certainly constitutes a larger financial gain. Especially when she is the only one who had the information to set this up without anyone being able to put her in check before my mom died. She also has all the jewelry in her control now and will not give any of it to any of us. It was not part of the probate. This is the worst nightmare. My mother would not have went through a the trouble to make a will and a trust splitting everything up equally even adding my dead sisters children to receive her part of the estate only to leave the gold digger keys to the jewelry store. My mother would not have done this unless my sister told her something different then the truth. And the life insurance policy no way would she have done this. She told me exactly what my sister said. I know my mom probably didn't understand most of what the trust said or what my sister set her up to sighn. She is very European and doesn't understand alot of the English translation of documents. I have tried to speak to the probate attached in Denver and in FLA with no avail they did I have to talk to her. I have tried to talk to the Merrill Lynch accountant he also said I have to talk to her. I can't answer any questions about the will or trust as I have never seen either. And she of course won't respond to me. I know I need a lawyer but I can't really afford one at the present. What can I do on my own to find out about this insurance policy?
  6. My sister and I inherited a house together. The plan was to rent the house and share the rental income. But she moved in instead, without any consultation. She claims she can do this legally and she does not have to ask my permission to live in the house and she is not required to pay me any rent. Is this true? She has occupied the house for the last 8 1/2 years and has failed to get the property transferred out of my deceased fathers name.
  7. In 2008 my father died and left the house to my sister and I. She is the PR. it was determined that the house value was too low to sell at that time. So we both put in $10,000 for upgrades and repairs so that the house use could be rented, and thus my sister and i would share the rental income from the house. After such repairs and upgrades were completed, my sister moved into the house, without telling me. Effectively removing me from all potential rental income. At the time she told me that what she did was legal and she did not have to ask my permission take full possession of the house because she owned half. She has never paid me anything for the nine years she has lived in the house. Now she wants to "settle the house". The estate has not been probated at this time. My question is this: Since she broke a verbal agreement to rent the house, would the courts award me the money I have lost in the nine years she has been living in the house for free? Or am I out of that money forever?
  8. My employer is now going to implement a 'Working spouse surcharge ($100 monthly) for a spouse/domestic partner who has medical coverage available through their employer but then remains on my employer health coverage plan. Is this even legal? is it not discrimination to pay more for the same family coverage plan against the person who has a non-working spouse? heck, why not now add a multi-child surcharge, should not the family of 4, 5 or more be charged more for their potential medical claims?
  9. I'm trying to find out if my husband has hidden assets. (Asbestos Claim) It was filed several years ago. The impression that I got from the judge is that I need to file a Motion To. The only Motion To is either a basic one which I've done in the past and I was denied. So, why would I use a Motion To again? I'm sure that you'll ask me some more questions. I await your response. Thank you in advance.
  10. On May 13th 2016 WalmaryMoneyCard/Greendot Bank accepted my emplyers direct deposit int my account. On Monday May 15th I attempted to pull out some cash from an ATM I had used numerous times previously. I was told the bank declined my transaction. I went home and called customer support. I was told there was nothing wrong with my card or my account and the probems were doe to them running a system upgrade but could not give me an ETA on when the upgrade would be finished. I told them I had to have access to my funds in order to be able to purchase my wifes insulin. She is a type 1 diabetic and prone to ketacidosis. I also explained to them that I needed access to my funds in order to save my 1994 Harley Davidson Sportster 1200 motorcycle from the pawnshop. I also explained that without access to my funds, I would love a2 rifles, a shotgun and a pistol to a different pawnshop. I was told they were sorry for the inconvenience. I told them y wife would most likely be in the hospital very soon if I could not access my account and asked if they could overnight me a card that would work. I was told they cannot do that and they again apologised for the inconvenience. I think they should be criminally charged with reckless endangerment. They are definitely in breach of contract where it says direct deposits will be available the same day if not the 2nd day. I went through this for another 8 or 9 days until finally on May 24th I was able to activate my card via the online site. If there was nothing wrong with my card, why did I need to activate it? I finally got with a supervisor and was told they needed the receipts for ths items I lost. I gave them the pawn tickets and such ony to never hear from them again. The email address was *******.com. Supposedly their corporate headquarters. I was not the only person to be so treated. I explained to the corporate folks that did finally call me that they were in breach of contract and needed to make me whole again only to be told flat out they would not pay. The exact same thing happened to the owners of RushCard prepaid cards and they are now paying a 19 million class action settlement. I had pawned my stuff as I was waiting for my short term disability and was hoping to pull all items out of pawn on the 15th. I called them and pushed the timeframe to the 22nd of May. I was told the upgrade to the system was completed on May 19th. this was a total falsehood as I still could not use my card or access my account online. I have the pawn tickets scanned in as well as the price to replace the items. This makes no mention of what my insurance agency had to pay out for the hospitalization of my wife for 6 days sue to diabetic ketoacidosis directly caused by her not having her insulin. The folks that I spoke with hept pointing to the 4 charges made on my account on the 16th, the 20th, the 21st, and the 23rd as proof that I had access. All those charges were made as an automatic charge to my account but that specific card had expired May of 2016 and had a completely different security code and should not have been allowed in the first place. I could not take these documents to the pawn shos as I had no transportation nor could I afford a taxi without access to my funds. All I want is to be made whole and have Greendot/Walmart Money card relace the items I lost due to thier system upgrae. The entire thing could have been prepared for had greendot done some research and found out the RushCard fiasco. There was absolutely no warning that I may not be able to access my funds. Also, their very own terms and conditions state that if I request binding arbitration, that they would deposit the funds necessary for me to even start the process. I have asked numerous times to start arbitration but never got a reply. They literaly held my money hostage, were criminally negligent to the tune of Reckless Endangerment by not allowing me access to my funds thus putting my wifes very life in jeapordy. I am seeking a total of $12,000 in both replacement prices for the items lost as well as damages for the time consumed in persuing this claim as well as them forcing me to walk to work each day vs riding my motorcycle as it should have been. I also have a broken l1 vertibrae and walking greatly agravates my back pain. I sent this to Greendot and have heard nothing back from them lately: Greendot Bank had the last clear chance to avoid any and all problems and damages on Friday May 20th 2016 by overnighting me a card that would allow me to access my funds no later than Saturday May 21st. Had this been done, I would have been able to keep my wife out of the hospital and get my motorcycle out of the pawnshop as well as retreiving all my other items from pawn or at the very least pay the interest due and not lose them. Thereby the initial and final causation and all faults plus damages lay with Greendot Bank, Greendot Bank is continuing to incur said damages and they will continue to compound until it is resolved and I am made 100% whole again as before their harms and damages. 20161005_cfpb_Final_Rule_Prepaid_Accounts.pdf Arbitration.pdf GPG_CLC_BCC_USA_Colorado.pdf GreenDot.txt charging-corps.PDF ComplaintNumber.txt Arbitration.pdf
  11. So I need some help I know Colorado still looks at common law marriages my question is will I have to file for divorce if its just common law we where together on and off for 6 years had kids called each other husband and wife and now he wants to walk out and end things so would I have to file for divorce and child custody or just divorce
  12. Hi. I am exercising an Early Lease Termination Option, where I pay a one-month fee to get out of the lease. My lease reads: :"When we [the leasing mgmt co] receive the written notice and payment [one month fee] and sign the notice, the Lease Termination Date is amended. The new termination date is the date specified in the notice". The leasing office is saying that because I'm executing an early termination, i am giving up my security deposit. My lease reads: "The Security Deposit is returned to you when all the following conditions are met: 1) Expiration of the Term; 2) Given a 60 day notice (and there are 3 more reasonable conditions). Do I have a solid legal argument that my written notice that is 60 days out, and the "Amended Termination Date" mentioned in the first section of this topic means that I've met the requirements and my security deposit must be returned to me? OR am i going to lose my security deposit because i'm not staying in the apartment through the original Term? Thanks
  13. Can a property owner evict you even though your current in your rent because cider enforcement might shut the place down until electrical is up to code?. Seriously?. Is that legal to put someone out when yet haven't done anything to be evicted for?....It's the homeowner /property managers responsibility to have safe place for tenants to rent.... Why should we have evicted because of there necglance ?....I can't afford to move.... First and last month security deposit... I can't afford that... Do I have any rights?... Help please
  14. This is tough. And the hope is to not ruffle family and friends and to remain as friends for life. Our daughter's live in boyfriend died suddenly recently. The home they lived in was owned by her boyfriend. I do not know if he had a will but suspect he did not. His family and mom live in the same city. The couple shared in paying the mortgage. The mom of our daughters boyfriend already took the boyfriends dog even though they both cared for him and has been over to the house taking items from the house and she has keys to the house. She the mother was also a business partner with our daughter's boyfriend. Some of the stuff she took was not hers but most likely a mistake and was of minimal value. She is a good person but this is just hurting our daughter in that people enter the house she lives in and take stuff. How do we handle this diplomatically. So the house is owned by the deceased boyfriend. What are our daughter's legal rights. How long can she stay here. They did pay the Oct mortgage bill. We so want this to work out amicably. But it seems like our daughter is being trampled on by the mother who seems to think she is the only person grieving. They even came over today and took some frozen food prepared by the boyfriend for a special tribute family meal. Our daughter and her boyfriend spent a lot of sweat equity in fixing up the house which he owned such as flooring, windows and painting but the cost of goods was paid for by the boyfriend. Thanks for thoughts.
  15. The so called master tenant failed to pay rent to landlord... Now he is personally trying to evict me because I refuse to give him any more money because he can't be trusted... He has received notice to be out by end of month... Can he evict me after he was served... When he's the whole reason we are being evicted to being with... I was current on my rent until he got the notice to comply.. Even after that I paid him again... but haven't since September 7 2016......because he never complied with the notice... Help
  16. So i had purchased a vehicle from a car dealership (that has been certified by the Motor Vehicle Dealer Board) and the truck I purchased had a considerable amount of issues. Now I'm fully aware I was the one who had purchased a faulty vehicle and I take full responsibility for such, but when I went to register the vehicle initially, the dealership I purchased from hadn't paid the taxes on my vehicle yet which stopped me from registering it. Once they finally paid the taxes, I went back again and I learned they hadn't even emissions tested the vehicle. My question is, is there any legal recourse I can take to either.. 1) Give the vehicle back or 2) Get a refund on the vehicle seeing as it wasn't emissions tested and I have been driving around a vehicle that was sold to me on (what I believe to be) illegal terms. Any help is greatly appreciated! Thank you in advance.
  17. If he purchases a brand new car during the divorce I know there is an automatic temporary injunction in effect. What can I do? Is there a law besides a Motion To: Also, In his sworn financial statement, there is an asbestos claim with a question mark. How would I go about asking the courts to give me the amount awarded?
  18. My vehicle was parked in front of my residence (on the curb in front of my house) when a vehicle came across my neighbor's yard and slammed in to my car pushing it 15 feet into our driveway. The driver attempted to drive away but his truck was caught on the driver side of my vehicle between the running board and door. When he couldn't drive away he fled the scene on foot. Four of my neighbors watched him leave his truck and run. The authorities were called, a file was reported, and I was left with a totaled vehicle. The authorities called me a week later to let me know they had the info on the driver and his insurance information. When I received a copy of the police report I was shocked to see that the driver was only issued a careless driving citation. If I am correct, he fled the scene and should be charged with that. Yes, I am a bit miffed because my car was paid off and now I am stuck with a car payment for the next 5 years, (talk about a blow to the bank account) while the guilty party gets a ticket and loses 4 points, where is the justice? I am hoping someone on here can offer me some advice on how to go about having this driver charged with hit and run. I have contacted the officer assigned to my case, he is not responding and I have been told it is up to the officer on whether or not a charge for hit run should be filed.
  19. I had hail damage in COSPGS. On the morning of the 7-29, a very nice XXRoof rep came by offering free inspections and to meet with our adjusters w/ no obligation. He did a quick visual on our roof, and asked we signed what was explained as a non-obligatory form which would allow him to speak with our adjusters. He came back out on 8 August to talked to our adjuster. Then... nothing. No calls, no estimates, no nothing. Our insurance adjuster gave estimates based on his inspections and check has been issued (not cashed). The form turns out to be a Contingent agreement stating XX Roof will represent us and if agreeable price is approved by my insurance & accepted by XX Roof, then it becomes binding. There's also verbiage that if not cancelled in 72 hours, we must pay 15% of liquidated insurance proceeds. They have not done anything. I feel like the main character of the letters I'm getting daily now to avoid scams. Am I bound? This form has no timeframes, materials, etc. but payment would be amount of insurance approved/accepted by XXRoof. So a month later, here I am. No roof, not sure if I can go somewhere else... afraid to cash a check to complete other work I need done. Am I bound? The agreement seems to be voided by XXRoof due to non-action nor contact/communication. It almost seems like they're just waiting for me to tire an go to another company, then they'll come for 15%. The agreement also is not a work order. They are a large company, and perhaps they will void it... but I wanted to get some legal advice first. Maybe get an attorney??
  20. I am in a crunch. Terrible with research! How can I find the legal requirement for my husband, who has all of the income, to make the payments on my vehicle while we are going through the divorce process.
  21. Hi everyone. I am brand new on here, not a law student, but taking an employment law course, and need to use this site for research. I am having trouble with the basic how-to search in this context. Internet searches I have no problem with, but here, every search term I use comes back as invalid. Any help on getting started would be appreciated.
  22. I understand that it is my shared responsibility to maintain the driveway. Neighbor says I don't have the right to do it myself because I am not licensed and insured. His fear is me hurting myself on his property. I own a 4 wheeler with a plow and have done it along with all the other neighbors until last year he sent us all a letter stating he would not allow us to do maintenance. Now the road is in significant disrepair and he is trying to make us all pay for it. I feel if maintained the road wouldn't be in such bad shape. Can I plow the road myself after it gets fixed? what are my obligations for his 22k bid for redoing the road?
  23. I have mentioned multiple times to the judge about some of the marital property assets. This includes tools, guns, etc. Each time the judge removes his items and his items only from the discussion. Anything that is mine remains. There also was an automatic temporary injunction which was supposed to take affect when the divorce started. This was ignored by him. There have been no repercussions by the judge. There also was a sworn financial statement required with mandatory disclosures. The judge told him, even though I asked for it several times, that the only information that he had to give me was 1 month bank statement. I have severe PTSD, according to my therapist, because of physical abuse by my daughter, which he allowed. During the Permanent Orders hearing, my soon to be ex said, "as per our previous discussions, your honor." More court orders pending. What else can I do?
  24. I and my children are in CO. My uncle in TX left a mix of 3 IRAs at 3 different firms, a trading account, and cash to me and my two children, his sister, brother and a friend (who is the Executor). In CO, if a minor inherits over $12K, a Conservatorship has to be set up - at a cost of $2-3K per child. They are getting about $69K each. But IF I can refuse their IRA inheritances (totaling $48K each), the adults could (and would) make up the difference of the children's refused IRA inheritance amount by each gifting both children. I REALLY want to avoid the court hassle, time and cost of setting up Conservatorships. Can I refuse my children's inheritance on the IRAs? One is at an insurance company, and another is at a brokerage firm. Thanks
  25. My husband and I live in Colorado, Rent is due tomorrow 6/1 and we don't have the money yet to pay for our rent(our payments have never been late since we moved in). At the mean time my husband is at Boot Camp - Fort Jackson - and he has not been paid yet. I've asked his recruiter (I also received a mail from my soldier) and he said to expect his first pay check 30-45 days since he shipped out. He left 5/10. He won't be paid till 6/10 or at a later date. I called the apartment and the manager told me that we still have to pay for the late fees till whenever we get the money but until then they would take us to court. Late fees apply on the 4th day of the month. Colorado State laws does not cover rent late fees. I want to know what i can do. Any help is appreciated Thanks!
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