ROBERT D.
GUSTAFSON
ATTORNEY AT LAW
6538 Charter
Drive
Colorado Springs, CO 80918-1335
Phone (719) 260-1002 Fax (719) 260-1003
**
Toll Free (800) 410-1002
CONTACTING
COUNSEL AND PRIVACY STATEMENT
COLORADO SPRINGS ATTORNEY
- DEBT COLLECTION
Colorado Springs Attorney - Trial Practice 25+ Years Colorado State Courts Adobe Acrobat Reader
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NOTICE:
Due to current
workload, attorney is not accepting new debt collection cases at this time.
"NO VACANCY"
during the interim, information contained in this website
remains available at no cost to site visitors
existing clients are always welcome
to call or email
new
prospective clients may wish to call
Attorney
Dave Kelly -
Phone (719) 577- 4466 uncompensated
courtesy referral - no affiliation or business relationship
I will represent creditors only
collecting
accounts receivable or debt
if you are a consumer or debtor
defending against a creditor claim
please do not email or call seeking advice or
representation you may click the stop sign to find a lawyer anywhere
Adobe Acrobat Reader
version 5 or later is required to view .pdf files
Free Download
ATTORNEY
CONTACT AND COMMUNICATIONS
I offer one free visit on every case. There is no obligation of any nature, and
you will not be billed for the first visit. The purpose of a
first
consultation is
to identify your legal problems, discuss possible remedies or action which may
be available, and discuss attorney's fees and costs. After gaining an
understanding of your case, I will quote fees and anticipated costs. I generally
decline further discussion of the case after the first visit unless retained. As
I maintain a small practice and manage my caseload, I reserve the right to
decline any first consultation or to decline representation in any case.
If you feel the need to contact a trial attorney quickly, please pick up your
telephone. I've made that easy with the addition of a toll free phone
number which is available throughout the entire United States and Canada.
You will reach either myself or voicemail - I have no secretarial screen.
When you call please bear in mind I may or may not have time to visit at that
instant if you've not made a previous appointment. If you reach my
voicemail, please leave your name, date and time called, return phone number(s)
and a brief message regarding the purpose of your call. I periodically
retrieve messages while away from the office and ask that you leave a number as
I may not have access to your file at the time. I don't memorize client
phone numbers. In criminal cases, I will only permit a client to discuss
case facts while we are each on a land line - not cell or wireless.
Confidential or time sensitive matters or information should be limited to
direct phone conversation with counsel.
I am most willing to visit with
prospective clients regarding representation, by phone or in-person appointment without
cost or obligation. However, I will not
provide information, legal opinions or legal advice in response to questions submitted from
non-clients - email, fax or phone. Please refer to the terms of
first
consultation.
If a prospective client leaves an email message or contact phone, I will
attempt to call once at each number provided, however once only. Unless
otherwise designated, if you
are not available I would leave my
name, number and date called on your answering machine or voicemail. I do
not identify myself as an attorney. Whether you
have an answering service or not, I only attempt one call regardless of
importance you assign to the matter. I will respond to your contact,
however I accept no responsibility to make multiple return calls attempting to
reach non-clients who are unavailable. You are most welcome and encouraged to
call again.
If leaving a message by email
or voicemail, you may wish to consider some of the following
Full name
Primary and secondary
contact phones
including
best number and best time to call
whether you prefer
I not leave a message
Email address
Brief explanation of
legal problem
Court case number and county in which litigation is
pending
Date of birth and social
security number
Driver's license number
and state of issuance
Naturally the amount of
information you provide is totally in your discretion. The more
information you leave, the better prepared I can be when I return your
call. Conversely, please don't fill my voicemail.
In
addition to your legal problem, openly discuss fees and costs with the attorney
in the first visit. When retained I provide a written fee agreement to avoid
misunderstandings. Timeslips computer accounting produces billings which are
easy to read & understand. I accept charge cards - MasterCard, VISA,
American Express and Discover Card. Fee and trust deposit quotes will be honored
for a period of seven (7) days from the day of the quote. After that time, fees
or requested trust deposit are subject to change without notice if you have not
retained this office.
I have located my office in my home. I find it comfortable, plus it permits me
to manage my caseload and provide personal attention to each client and case.
Being a single parent, it also provides an environment for my daughter as close
as I can achieve to a stay at home parent. My home office is physically located
near North Union and Dublin. A map is included in this website. Access is easy
from I-25 via Woodmen or from North Academy Blvd via Union;
map and driving
directions links are included throughout this website.. I schedule about 30
minutes for a first consultation to answer your questions and provide a fee
quote; this can be done by phone. Children should never be in a position to hear
or listen to your legal matters, particularly in the areas of my practice.
DOCUMENTS
AND TRANSMITTAL
Regarding documents, clients may mail, email, fax or bring to my office. A
secure document drop is accessible. No one else has access. The drop slot
is confidential and available to clients at any time day or night.
Dropping a check is acceptable as the canceled check provides an audit trail,
however NO CASH may be dropped. A receipt or printed billing
statement must be issued for cash payment. Due to lack of audit trail, I
accept no responsibility for cash placed in the document drop slot.
Except for potential evidentiary exhibits
retained in hard copy, my files are maintained electronically by image scans. I
argue court cases from a notebook computer as it is efficient. To assure
confidentiality, documents are mailed to the client or shredded subsequent to
scanning. I ask that clients retain copies of documents. Each client
is provided with a file folder for documents. A fee would be assessed to later
retrieve and print images of a client's file. If requested, a data CD of
all images in my electronic file my can be provided when I close file.
CORDLESS,
WIRELESS & CELL PHONE CONCERNS
Technology today is marvelous, however I can not warrant the privacy of conversations involving
cordless, wireless or cell phones. If the matter to be discussed is
sensitive, I
ask that we touch base from land lines or perhaps an office visit may be in
order.
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Although this
page is lengthy, my goal is to have satisfied clients at the conclusion of
representation. I have found that clarifying expectations regarding contact or
communication procedures avoids misunderstanding or frustration.
PRIVACY
STATEMENT
All inquiries will be kept confidential and will not be disclosed to any third
person absent consent of the client or prospective client. However I accept no responsibility for
disclosure through unauthorized interception during email transit, access by
other persons sharing your email account password or interception of
conversations involving cordless, wireless or cell phone technology.
You have visited my website anonymously. The site is not encrypted or
otherwise secure, however no client information is retained in the
website. This site does not surreptitiously glean information - it does
not use "cookies" or otherwise gather personally identifiable
information except that which a visitor knowingly provides by email or phone
call. I'm an attorney - not a techie or a telemarketer. For future
reference in communications with you, I print emails to scan or make brief
notations in a phone log regarding conversations. These are not shared
with any other person or business absent express consent of the client or
prospective client.
To keep client documents confidential I utilize protections including burglar /
fire alarm, computer virus detection, firewall, spyware filter, web bug filter,
and email filters.
Not being a webmaster nor having time for frequent maintenance, I'd sincerely appreciate
if you notify me by email of any broken links, or links which no longer lead to
the intended site on the world wide web.
E-MAIL
CONCERNS
CONFIDENTIALITY
I usually check email multiple times daily - it will likely
get my attention as fast as voicemail. Email is not encrypted and may be
subject to interception while in transit. If you are not a client at
present, by using email you may not be covered by the attorney-client
communication privilege. Attorney assigns a password to each client and
sensitive documents are sent as email attachments in .pdf format (Adobe Acrobat
Reader) with open file password protection. The attorney can not and will not warrant or
guarantee confidentiality in the internet medium. Confidential or time
sensitive maters or information should limited to direct phone conversation with
counsel.
VIRUS, TROJAN or WORM
All
incoming and outgoing email + attachments are automatically scanned by Norton
AntiVirus and a spyware sweeper.
I open attachments received from clients or opposing counsel in a
particular litigation case. For clients or counsel, I can open or
convert most word processing, image or spreadsheet files. If you are not a client,
please do not attach any files or documents to an email you may send me.
Due to the potential for virus, trojan or worm transmission, any email
attachment received from a person I don't know is deleted without
opening.
during the interim, information contained in this website
remains available at no cost to site visitors
existing clients are always welcome
to call or email
new
prospective clients may wish to call
Attorney
Dave Kelly -
Phone (719) 577-4466 uncompensated
courtesy referral - no affiliation or business relationship
RED
COLOR CODING information
required
attorney will not respond if information not provided
MANDATORY FIELDS
VS.
OPTIONAL FIELDS
NAVY
BLUE
COLOR CODING information
optional - may assist attorney
in response to your inquiry
CONTACT PERSON
please include middle name and suffix: i.e. Jr. or III
CONTACT PERSON NAME
CONTACT
PERSON JOB TITLE - CAPACITY
e.g. collection manager,
bookkeeper, owner
CONTACT PERSON EMAIL ADDRESS
character @ is
permitted in this form field
I will respond to your inquiry by email or phone
PERSON OR BUSINESS
INQUIRING if applicable,
please include complete and accurate business name
I will represent creditors only
collecting
accounts receivable or debt
if you are a consumer or debtor
defending against a creditor claim
please do not email or call seeking advice or
representation you may click the stop sign to find a lawyer anywhere
STATUS Licensed
Attorney Private
Investigator Licensed
Collection Agency
Creditor
- Business Creditor
- Individual Private
Person please proceed
BUSINESS NAME
e.g. ABC, Inc., a
Colorado Corporation
BUSINESS
STATUS Corporation
Partnership
LLC
Proprietorship
BUSINESS dba NAME
e.g. dba Joe's Joint
BUSINESS
dba STATUS
No dba NameCorporation
Partnership
LLC Proprietorship
Attorney welcomes representation
inquiries however the purpose is
not to provide free legal advice to the general public. Unless
seeking to retain counsel, please do not email or call. Attorney
does not provide legal opinions, answers or information in response to
questions submitted from non-clients, & attorney is not the phone company
411 center for phone number information. Given the scope of internet
accessibility, I can not be the free "Colorado answer man" and will
politely decline such requests.
Debt collection cases occur across Colorado - please refer to
attorney travel.
common fees
have been quoted and information provided
attorney is prepared to provide legal representation
attorney
comparison is understandable, but before calling
please be
prepared to retain if I am counsel of your choice
DEBT
COLLECTION LITIGATION STATUS
COURT
CASE STATUS Past
- Not Pending at Present Currently
Pending Planned
Possibility
COURT CASE NUMBER
City or County
and State
LITIGATION LOCATION
NATURE
OF DEBT TO BE COLLECTED
Landlord
Rent Collection Promissory
Note Written
Contract Debt Other
Lawful Debt
brief
explanation - nature of debt -
comments which may aid attorney's understanding - not required
email form
restrictions no minimum
characters maximum 2,000 characters
\ | / @ are not permitted
DEBTOR INFORMATION
DEBTOR
FULL LEGAL NAME
including middle name and suffix: i.e. Jr. or III
DEBTOR
FULL
ALIAS NAME
UNDER WHICH RECORDS MAY BE FOUND including middle name and suffix: i.e. Jr. or
III
DEBTOR'S
BUSINESS KNOWN NAME OF RECORD n/a*unknown
DEBTOR'S
BUSINESS KNOWN TRADE NAME
dba FICTITIOUS NAME n/a*unknown
DEBTOR'S LAST KNOWN EMAIL ADDRESS
character @ is
permitted in this form field
DEBTOR'S LAST KNOWN
STREET ADDRESS
DEBTOR'S
LAST KNOWN
CITY, STATE & ZIP
DEBTOR'S
PERSONAL INFORMATION if representation is
provided, full name and
date of birth or Colorado driver's license number
is required to access Colorado DMV database records in the event
skip trace becomes necessary
DATE
OF BIRTH
GENDER Male
Female
DRIVER'S LICENSE
LICENSE
STATE
RACE OR
ETHNICITY information for purpose of
potential skip trace
Caucasian
Native
American
Asian
Hispanic
Black
Other
DEBTOR'S
LAST KNOWN PHONES please include area code
HOME
BUSINESS
FAX
CELL
DEBTOR'S
KNOWN
OR SUSPECTED LITIGATION Details
unknown * please provide any known information
COURT CASE
NUMBER
YEAR
CITY OR COUNTY & STATE
LITIGATION
OTHER PARTIES NAMES
TYPE
OF CASE
Criminal
Traffic
Domestic
and Family
Civil
Probate
Juvenile
Records
Unavailable
COMMUNICATION
TO ATTORNEY Please provide sufficient information
that I understand your inquiry
email form
restrictions minimum
20 characters maximum 2,000 characters
\ | / @ are not permitted
transmission of a social security number via
non-encrypted email is prohibited by Colorado law
please do not include any social security number
in this communication
I appreciate your inquiry or interest.
this form will transmit by email only those responses which you have provided
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.
Retainer agreement
hardcopy can be provided in
person or .pdf file can be sent via email
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
Permission for release of Colorado DMV records
hardcopy can be provided in
person or .pdf file can be sent via email
Written information packet regarding facts relevant to the
litigation -
available
on website - 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.
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.
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.
Completed documents may be returned to counsel by personal delivery,
fax, mail or Fed-X.
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.
Adobe
Acrobat Reader version 5 or later is required
to view .pdf files -
Free Download
MID-LITIGATION
REPRESENTATION alternatives and find a
lawyer links provided as a courtesy
Attorney
Policies
Litigant Pro Se - Attempt to
Prepare or Defend Own Collection Lawsuit
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.
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.
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.
Attorney
Policies
Representation
by Previous Attorney
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.
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.
3.
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.
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.
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
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.
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.
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 out of state or 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.
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.
FREE
INITIAL CONSULTATION not an offer for free legal
advice - refer to link for terms
I am a sole practitioner with need to manage my caseload & reserve
the right to decline any legal matter
2003 - All Rights Reserved - Document
Revised: February 28, 2010
no copyright claimed to merchant logo, software logo, flag, envelope or drawing images