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What are the guidelines for filing a civil lawsuit in the

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state of Colorado?...
What are the guidelines for filing a civil lawsuit in the state of Colorado?
Submitted: 1 year ago.Category: Legal
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8/15/2016
Lawyer: socrateaser, Lawyer replied 1 year ago
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,370
Experience: Retired (mostly)
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Hello,

The fundamental questions for any civil action are:

1. How is the plaintiff injured/damaged?

2. What relief/remedy does the plaintiff want the court to award?

If you can briefly answer these two questions, I may be able to provide some useful direction.

Thanks for using Justanswer!

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Customer reply replied 1 year ago
Essentially is has been several years of harassment from an ex-girl friend. False claims being made in court, for which time was never served. Slander. While he was in jail, she and her boyfriend forged his name of the title of his car and traded it in. He is looking for some sort of financial restitution for not only the emotional and mental aspect of things but also for the car.
Lawyer: socrateaser, Lawyer replied 1 year ago

Okay, thanks.

Forging a name on title is called "civil conversion."

False claims being made in a court, whether oral or in writing are protected speech. You can't sue for that. You would have to contact the district attorney in the county where the false statements were made and ask to have the person prosecuted for criminal perjury. There is one exception, which is where the person making the false statements started the case or made a false report to law enforcement, which caused damage to the injured person. However, to win this claim, known as "malcious prosecution," the injured party must win the case that was originally made against them. From what you described, the person lost, and served time in prison. Consequently, this would not be an available cause of action.

Emotional damage is typically an add-on to damages caused by some other act (e.g., conversion).

From what you describe, you may have a cause of action for conversion for the value of the vehicle, plus emotional damages in some amount -- and possibly, punitive damages for the wrongful conversion of the vehicle.

This link from the Colorado Courts discusses the various options for cases where "money" is the principal source of damage. Colorado has pretty thorough official forms, so you may be able to file your case with only the info available at the provided link.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Lawyer: socrateaser, Lawyer replied 1 year ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
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Customer reply replied 1 year ago
In the case of the civil conversion, who is held accountable for that - the dealership or whomever signed the paperwork or both?
Do understand correctly that a person can tells lies to make someone look bad in the eyes of the court and there is nothing that can be done?
Lawyer: socrateaser, Lawyer replied 1 year ago

In the case of the civil conversion, who is held accountable for that - the dealership or whomever signed the paperwork or both?

A: The person or entity that converts the vehicle. If the dealership took control of the vehicle by force, or fraud (which would be a different cause of action), then the dealership is "accountable" (liable) for damages.

Do understand correctly that a person can tells lies to make someone look bad in the eyes of the court and there is nothing that can be done?

A: Perjury is a criminal offense. It must be prosecuted by the district attorney -- a private person can't sue based upon false testimony of another person in court. However, if a person lies to the court in their initial complaint and they subsequently lose the case due to the lies, then the defendant can sue for "malicious prosecution."

Here's the thing: Proving fraud, malicious prosecution (and perjury) is really hard to do -- even for a lawyer. Whereas, proving that someone effectively stole your vehicle through some sort of deceit or seizure (like a tow yard scam) is pretty easy by comparison. The more esoteric the lawsuit, the harder it is to win. So, if you start in on trying to connect the dots in a complicated manner, you're likely to lose the case. Whatever you choose, it must be really simple, so that you aren't bogged down with complex legal theories.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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Lawyer: socrateaser, Lawyer replied 1 year ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

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