Uniform Deployed Parents Custody and Visitation Act The new Uniform Deployed Parents Custody and Visitation Act repeals C.R.S. §14-10-131.3 and adds a new article 13.7 to Title 14 of the Colorado Revised Statutes. House Bill 13-1200 became a law on July 1, 2013. This new bill addresses issues that arise when a parent is deployed […]
Arnold & Arnold, LLP Blog
Unfortunately, too many domestic relationships are marred by abuse and violence. The Family Law attorney must understand the relief available for victims, and be prepared to defend a client who has been accused of violence or abuse. When violence occurs, there are several points of entry to the judicial system for the affected family. They […]
Collection – Attorney’s Fees: Attorney’s fees can only be collected in Colorado if there is a written agreement allowing the recovery of attorney fees or if there is a statute that allows their recovery. The following suggested language (or something similar) should be included on contract documents, credit agreements, invoices, delivery tickets, and work orders: […]
Mechanic’s Lien Pre-Lien Notices in Colorado, New Mexico and Wyoming Mechanic’s liens are highly effective collection tools for unpaid contractors, subcontractors, designers and suppliers available on privately-owned projects. In Colorado, New Mexico and Wyoming, mechanic’s liens are available only if the conditions of the state’s statues are first met. One of those conditions is a […]
Some additional requirements and what happens if you violate the FDCPA or CFDCPA – Validation of debts. Under 15 U.S.C. §1692g provides as follows: Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial […]
FDCPA and CFDCPA No No’s! 1. Harassment or abuse. DON’T DO IT! The FDCPA 15 U.S.C. §1692d and the CFDCPA both prohibit conduct likely to harass, oppress, or abuse a person. Section 5-5-109, C.R.S. prohibits harassment and “unconscionable debt collection” practices. The C.R.P.C. requires a lawyer to respect the rights of third persons. Rule 4.4. […]
FDCPA and CFDCPA in practice Today we are taking a look at what is allowed when communicating with a consumer debtor. 1. Acquisition of location information. Under 11 U.S.C. §1692b, a debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the debtor shall – (1) Identify […]
FDCPA and CFDCPA – Brief Overview The Federal Debt Collection Practices Act is mirrored in the Colorado Fair Debt Collection Practices Act. Both acts apply to “consumer debt” and are intended to eliminate “abusive, deceptive and unfair” practices. Both acts clearly outline prohibited conduct and provide the injured consumer with redress. Both the FDCPA and […]
Does the strengthening of tenant rights in the Mobile Home Park Act mean Colorado is becoming a tenant-friendly state? A review of the proposed Uniform Residential Landlord & Tenant Act may provide clues to the future of landlord-tenant law in Colorado. The Proposed Uniform Residential Landlord & Tenant Act On January 19, 2012, the Uniform […]
Are you an employer wondering if you can round hours to the nearest quarter of an hour? Are you an employee wondering what hours count for overtime? Check this out: if the employee clocks out at 36 minutes past the hour it can be rounded down to 30 minutes and if the employee clocks out at […]
