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I will represent creditors only
collecting
accounts receivable or debt |
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PRIVATE ATTORNEY
NOT
A
COLLECTION AGENCY |
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if you are a consumer or debtor
please do not email or call seeking advice
click the stop sign to find a lawyer
anywhere |
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RETAINING
THE ATTORNEY & CLIENT DOCUMENTS
Colorado Trial Practice 25+ Years |
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SOME DOCUMENTS LINKED ON THIS PAGE ARE RESTRICTED BY PASSWORD
TO CLIENTS WHO HAVE RETAINED
If you are using a 56K modem,
patience may be required. Some documents are lengthy
Number of pages and KB size are indicated at each
document link
INSTRUCTIONS
PLEASE READ THESE
INSTRUCTIONS
Adobe Acrobat Reader version 5 or later is
required to view .pdf files 
Free Download
All below information to the best of your knowledge is needed to prepare a
written retainer (fee) agreement, supporting authorizations to third persons
for release of information to counsel and to open file. Please be thorough, complete each
item requested, and use FULL LEGAL NAMES - NOT INITIALS.
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I frequently visit with prospective clients by phone. If then
ready to hire counsel, generally within 20-30 minutes of our conversation &
receipt of a
retainer
data information form by fax, US Mail, Fed-X
or hand delivery, the following documents can be
electronically provided for the prospective client’s review. Because charge card account or
other sensitive information may be included, I have provided a .pdf file rather
than an email form
for retainer data.
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Retainer agreement
hardcopy can be provided in
person or .pdf file can be sent via email
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Waiver & authorization to release criminal, driving,
medical, financial, employment or
other confidential records
hardcopy can be provided in
person or .pdf file can be sent via email
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Permission for release of Colorado DMV records
hardcopy can be provided in
person or .pdf file can be sent via email
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Written information packets regarding facts relevant to the
litigation - password required
The
information packet educates me regarding the facts of your case
this enables quality representation.
If you are using a 56K modem,
patience may be required. Some documents are lengthy
Number of pages and KB size are indicated at each
document link.
Access password will be included with retainer agreement
email.
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Retaining counsel can begin with a
simple 
email to the attorney
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This allows:
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Rapid attorney response.
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Time for the prospective
client to consider the terms of the fee agreement in the privacy of his or
her own home or office without pressures of time or my presence.
In 25+ years of practice I’ve
never had a client decline terms of a written fee agreement.
The prospective client has no
obligation at this point, and that’s a comfortable feeling.
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Our first physical meeting
will consist of document execution, receipt of trust deposit, interview
regarding relevant facts. This permits rapid commencement of representation
or litigation after counsel has been retained - there is no delay gathering
facts.
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Completed documents may be returned to counsel by personal delivery,
fax, U.S. Mail or Fed-X. Client assumes the risk of interception if
sent by email image attachment - eg. .jpg .gif or .pdf.
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With fax of executed documents &
subsequent mailing, if the retainer trust deposit is paid by MasterCard,
VISA, Discover Card or American Express, or by deposit to my account in a
national bank, retaining counsel can be accomplished in real time by out of
town, out of state or other clients. Fed-X is not necessary. This
ease of business made possible by electronic transmission is essentially
on-demand or instant gratification.
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Please feel free to call if you are retaining
and have any questions. I have not yet agreed to accept
representation, and I am not your attorney until we have each executed the
retainer (fee) agreement and payment or trust deposit has been received toward
fees and costs. By finding this page you are well on your way to having
the assistance of legal
counsel. |
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DEBT
COLLECTION
Adobe Acrobat Reader
version 5 or later is required to view .pdf files
Free Download |
RETAINER
DATA FORM - Creditor Debt Collectio
3
Pages - Approximate Size 36 KB
- NO PASSWORD - ACCESS UNRESTRICTED
With a call, this information may
also be provided by phone
FACT SHEET
& ACCOUNT REFERRAL - Creditor Debt Collection -
NEW
CLIENT
8
Pages - Approximate Size 48 KB
- ACCESS RESTRICTED BY PASSWORD
FACT SHEET
& ACCOUNT REFERRAL - Creditor Debt Collection -
EXISTING
CLIENT
8
Pages - Approximate Size 48 KB
- ACCESS RESTRICTED BY PASSWORD
I ask that clients be thorough
with informational responses on the linked referral sheet and document
production. Thereafter, I generally have sufficient information that any questions arising
during preparation of the lawsuit can be answered in a brief phone
conversation or two.
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PROMISSORY
NOTE - Creditor Debt Collection
A promissory note may also
be relevant in debt collection cases if the creditor is not in possession
of a note but can obtain debtor's
execution on a promissory note to evidence validity of the debt. If
a debtor is willing to execute a note, I advise clients to delay legal
referral, obtain an executed promissory note upon terms the debtor can
realistically honor, then allow the debtor opportunity to make timely
payments or default on the note. A promissory note will simplify the
creditor's collection litigation. Co-makers would require additional
documents - consult the attorney.
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NOTICE
OF RIGHT TO CURE DEFAULT -
Creditor Debt Collection
1 Page - Approximate Size 29 KB
- ACCESS RESTRICTED BY PASSWORD
I ask that clients send the debtor a
notice of right to cure prior to referral for legal action. This reduces
statutory delay before lawsuit can be commenced.
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NSF CHECK DEMAND
AND STATUTORY NOTICE - Creditor Debt Collection
3
Pages - Approximate Size 36 KB
- ACCESS RESTRICTED BY PASSWORD
I ask that clients send the NSF check
maker a demand and statutory notice prior to referral for legal action.
This reduces statutory delay before lawsuit can be commenced.
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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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I
welcome representation inquiries however please refer to
first
consultation - the purpose is not to provide free legal advice to the
general public. Unless seeking to retain counsel, please do not email or
call. I do not provide legal opinions, answers or information in response
to questions submitted from non-clients. Given the scope of internet
accessibility I can not be the free "Colorado answer man" and will
politely decline.
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ALTERNATIVES |
FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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Attorney
Policies
Litigant Pro Se - Attempt to
Prepare or Defend Own Collection Lawsuit |
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1.
Adequate Time. If sufficient time exists to adequately prepare your
collection lawsuit and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your collection lawsuit before a
limitation deadline or contested court hearing, please do not call. I decline. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in preparation of your own
collection lawsuit. I decline. |
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Attorney
Policies
Representation
by Previous Attorney
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1.
Current Attorney.
Until an order has entered withdrawing representation by an
attorney, an ethical rule violation exists if counsel
knowingly speaks to another attorney's client without current
attorney's consent. This ethical rule governs all
attorneys. Please do not call until after
you have terminated representation by a former attorney.
After
other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."
Please be aware fees and costs will be associated with procuring
relevant documentation, the court file and coming up to speed in the case.
Attorney would be less likely to accept a new
case on a contingency fee basis in the event of prior
representation. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
collection lawsuit and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Insufficient Time.
If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your collection case lawsuit before a
limitation deadline or contested court hearing, please do not call. I decline. |
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4.
Second Opinion.
I will not arm chair quarterback another
attorney's case preparation, trial tactics or theory of
the case. Please do not call for a second
opinion or an opinion regarding the competence
of preparation in your current collection
lawsuit. I decline. |
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POST
JUDGMENT MATTERS
Attorney
Policies
alternatives and find a
lawyer links provided as a courtesy
former clients are naturally welcome to call anytime
regarding any legal matter |
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1.
Post Judgment Enforcement.
Prospective client has been awarded a judgment, but it seems like
a worthless piece of paper - you've gotten bogged down and are
unable to convert the court order to cash. I will review post judgment requests
to enforce a lawful judgment with the goal of acceptance. Depending
on enforcement issues apparent at the time retained, attorney reserves the right to quote fees
either upon a contingency basis or hourly basis. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Appeal.
Prospective client has lost the case through default judgment,
summary judgment or
trial on the merits, had damages awarded against prospective client or a set-off
awarded. I do not
accept debt collection or other civil appeals unless I provided
representation during the underlying case in chief at the trial
court level and am familiar with the facts,
testimony and exhibits received into evidence
and meritorious issues for appeal. That's been my policy for years. Please do not
call or inquire regarding appellate matters if you are not a
former client. |
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Attorney Trade Area and Travel
CASES
OUTSIDE EL PASO COUNTY
GEOGRAPHIC
DISTANCE
ECONOMIC CONSIDERATIONS
Colorado is a big state.
Easy communication access via
internet, email and toll free phone doesn't change
that fact. |
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Attorney
is very willing to travel outside the Colorado Springs area to present
or defend a case,
but please be aware travel time, mileage and expense would apply. If you are
from out of state or are unfamiliar with Colorado
geography, refer to the map to determine where
Colorado Springs is
located in relation to the county of your court case or hearing. |
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Please be aware travel time,
mileage & expenses would be billed
regardless of whether the fee structure is contingency fee, flat fee, or hourly
fee.
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Southern Colorado Area |
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If travel is
necessary, a
trust deposit
would be required to cover anticipated travel time, mileage &
expenses. If it is not economically justifiable to retain
my services with travel, please contact counsel in the locale of
your case. |
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| COUNTIES |
CITIES / TOWNS |
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El Paso County |
Colorado Springs / Manitou
Springs / Fountain |
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Chaffee County |
Salida |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Crowley County |
Ordway |
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Custer County |
Westcliffe |
Metro Denver Area |
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Douglas
County |
Castle Rock |
COUNTIES |
CITIES / TOWNS |
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Elbert County |
Kiowa / Simla |
City and County of Denver |
Denver |
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Fremont County |
Canon City / Florence / Penrose |
Adams County |
Brighton Thornton Federal Heights |
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Huerfano County |
Walsenburg |
Arapahoe County |
Littleton / Centennial /
Englewood |
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Las Animas County |
Trinidad |
Arapahoe County - East |
Aurora |
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Lincoln County |
Hugo (county seat) / Limon |
Broomfield County |
Broomfield |
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Otero County |
La Junta |
Gilpin
County |
Blackhawk / Central City |
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Park County |
Fairplay |
Jefferson County |
Golden / Wheat Ridge |
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Pueblo County |
Pueblo |
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Teller County |
Cripple Creek / Woodland Park |
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Adobe
Acrobat Reader version 5 or later is required to view .pdf files 
Free Download
| please feel free
to call or email if you are a client or are seeking representation |
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FREE INITIAL CONSULTATION
not an offer for free legal advice - refer to link for terms
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
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GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Topical Website Copyright © 2003
- All Rights Reserved - Document Revised
July 16, 2008
no copyright claimed to images other than photograph and law office logo
Topical Website Initial Publication Date: March 8, 2004
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