As Miracle Max noted in The Princess Bride: “There’s a big difference between all dead and mostly dead. Mostly dead is slightly alive.” So it is with Colorado judgments, which come with an expiration date that can be extended so long as the judgment is still in the “slightly alive” category. A county court judgment remains enforceable for six years and a district court judgment for twenty years. A judgment lien, which secures a creditor’s right to collect from the equity in a judgment debtor’s real property, is valid for six years and is secured by recording a transcript of the judgment with the county’s clerk and recorder’s office. These expiration dates can be extended, however, through a procedure known as revival.… » Read the full post
With Colorado’s population continuing to grow at a rapid rate, and with traffic volume outpacing infrastructure improvements, roadways throughout the state are becoming more and more crowded. Congested highways and surface streets used to be a mere “rush hour” annoyance, but Colorado’s roadways now seem to be congested no matter what time of day it is.
Whether driving to the ski slopes or the office, with increased congestion comes escalating tension and frustration, particularly with behavior of other drivers. We’re convinced that they’re “doing it wrong” – but are they? A review of Colorado’s traffic guidelines provides some insights into how to handle certain driving situations, and the answers may surprise you.
The Left Lane is Only for Passing (Unless Traffic is Too Congested to Merge Right)
We see them all the time – the slowpokes who seem to be just hanging out in the highway’s left lane, and who refuse to move over for the traffic stacking up behind them.… » Read the full post
Many, if not most, people go through life without seeing the inside of a courtroom or having to deal with a legal dispute. This is a good thing. Those who have not been so fortunate know first-hand that even a minor legal dispute can be expensive and disruptive. For businesses that have been around for a while, needing legal assistance is typically a matter of “if,” not “when.”
If you have no prior involvement in civil litigation, or if your past experience left you dissatisfied, here are some tips for a productive and cost-effective experience with your attorneys.
At Proctor Brant, we’ve found that when clients hire an attorney sooner rather than later, gather case-related information promptly, and communicate openly with their attorney, it typically leads to more positive results all around.… » Read the full post
In April of this year, the Colorado Supreme Court adopted a revised version of Colorado’s simplified civil procedure rule, C.R.C.P. 16.1. The revised version applies to cases filed on or after September 1, 2018 and includes changes that will affect how common claims are litigated. From a defense perspective, these changes may have a significant impact on the investigation, evaluation, and preparation of civil cases for potential settlement and trial.
First, Rule 16.1 will continue to apply presumptively to most common civil actions unless the filing party’s attorney certifies that the value of the party’s claims is reasonably believed to exceed $100,000. However, under the revised version of Rule 16.1, this certification will be subject to C.R.C.P. 11. Under the current rule, a plaintiff who wishes to be excluded from simplified civil procedure needs only complete a perfunctory opt-out process, which is not currently subject to Rule 11.… » Read the full post