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Arnold & Arnold, LLP
Attorneys at Law
7691 Shaffer Parkway, Suite A
Littleton, CO 80127
Phone: 720-962-6010
Fax: 720-962-6011
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November 2012 Archives

Quick Guide to Eviction

MY TENANT STOPPED PAYING RENT! Quick Guide to Eviction

If you are a landlord having trouble collecting your rents, this is a quick guide to eviction.  Colorado eviction instructions and necessary forms can be found by following our law firm's link at: http://www.arnoldarnold.com/Resources.shtml.  Step 1- Post on the door either the Demand for Compliance (if the tenancy has a specified termination date) or the Notice to Quit (if the tenancy does not have a specified termination date). The notice should be posted for the applicable time period before filing any court action.  Step 2- Once the time period has passed from posting the Demand for Compliance or Notice to Quit, you can file an action for Forcible Entry and Detainer in the County Court where the property is located.  Print the Summons, Complaint, and Affidavit of Service forms. The plaintiff is the named landlord on the lease.  The tenant(s) is/are the defendant(s). The maximum amount of damages you can request is $15,000.  You can request all back rent owed plus late fees if they are specifically mentioned in your signed lease. Attach a copy of the signed lease to the complaint. You can request all costs for filing the action in your judgment (filing and service fees). Filing- Take all the paperwork to the courthouse and file it with the clerk. They will give you a case number and a court date. There is a fee. Service- you can either post the summons and complaint with the attached lease on the door of the property again OR you can have the defendant(s) personally served. If you want to request a money judgment from the court, you must have them personally served. The county sheriff or a private process server can do this for you.  If you serve the defendant(s) personally, the server will have to fill out the affidavit of service. Step 3- Go to court on the day your summons states and bring copies of all ocuments. Bring the original signed and notarized affidavit of service and give it to the court clerk upon arrival. You will either meet with the defendant(s) and try to work out a deal or the defendant(s) will need to file an answer. If the defendant(s) do not file an answer or do not show up at court, you can request judgment. If you had them personally served, you can request judgment for possession and for money. If you only posted the paperwork on the door, you can only request judgment for possession. This allows you to evict the tenants. You will need to get a Writ of Restitution from the Court and take this to the county sheriff's department. Step 4- The sheriff will serve the writ of restitution upon the tenants, which gives them 3 days to get out or be forced out. You may need to have people ready to move the tenants out. The sheriffs will usually only give you one hour to do this. Be prepared. Kelley G. Shirk, Esq. 

MEDIATION

I have just been ordered to mediation! What does that mean?

Courts are frequently ordering mediation before you can go to trial. Many people have never experienced alternative dispute resoluation and don't know what it is. It is separate from a trial. It is a time to sit down with a mediator - a neutral third party who doesn't have a stake in the outcome - and discuss possible resolutions to the conflict. Mediators can be employed by the court or can be private mediators. Mediation is an opportunity to hear your opponent's side of the conflict and be creative in coming to a resolution. Sometimes this is the first time that you can hear the other person's story. This process often brings new facts to light, which helps people resolve their dispute. It also gives parties control over the outcome. The disadvantage of having a judge resolve a dispute is that the judge can only rule for one party and they can only enter orders allowed under law. There is always a risk in going to court. Mediation helps parties control that risk by having control over the outcome.

Differences under Chapter 7 and Chapter 13 of The Bankruptcy Code

What are the Differences under Chapter 7 and Chapter 13: Secured or Unsecured, payment of judgment, impairment of exemptions? By Jean C. Arnold, Esq.

A. Payment of judgment - unsecured debt. In Bankruptcy, it is unlikely the debtor will pay the full amount of the judgment unless the underlying debt is found to be non-dischargeable under 11 U.S.C. ยง523 or the judgment is part of a Chapter 13 plan to pay the judgment in full or the judgment is reaffirmed by agreement with Court approval.