My company was awarded compensation in an small claims case in Colorado. The defendant has filed the interrogs with the court, but we have not received them. Is the defendant legally required to provide us with a copy?

Also, the court will not provide us with a copy unless I go down to the courthouse - which is kind of far away. Should I just go down there, or wait for our copies that are hopefully in the mail?

Also, what is the next step after so recieve the interogs to collect?

Thanks!

progunr

That indicates that he will NOT be personally responsible, only the LLC.

I agree with the previous posts, this guy is slick, and knows how to protect himself from others trying to enforce his responsibilities.

But, that is what LLC's are for, to protect individuals from being liable for Corp. Debts.

You may need a good attorney, or perhaps a very good Private Eye to have any chance of getting what is yours in this case.

Oh, and yes, I'm sure he is hiding money and assets from you, and anyone else trying to collect from him or his LLC's. You can bet on it.

twinkiedooter

Clerks WILL send you copies of anything in any public file IF you ask them how much it is per page over the phone and how many pages are involved AND that you are going to be sending them a check for that amount to cover the copying charge and postage. It all depends on just how badly you want the answers to the interrogatories that you don't just drive down and pay the copying fee in person. You can also look at the entire file that the Clerk's office has. Who knows, you just might find a very interesting document that Mr. Slick filed and you didn't get a copy of that could prove quite useful to you. I used to go to the courthouse and look through case files and I would find such interesting little gems that the defendant or plaintiff did not mail to the opposing side all the time.

progunr

That is as solid an answer as you will probably get!

I wanted to rate it, but, I haven't spread enough around yet to hit twink again.

Love that looking through the file tip, awesome advice!

admin235

More confusion...

Originally we tried to just seek judgment from the individual, but the judge allowed the company's name to be added as a defendant as well. What is also interesting in this case is that the company's name listed also listed as the defandent never paid us previously; it was a comany (LLC) of another name. This was briefly brought up in the case as the reason for the case against solely the individual, but the judge seemed to ignore it in the judgement.

I am still not sure the case is against only the LLC.

Our case summary report that lists:
Individual's name owes $0, individual name company name owes $$$$ and comany name owes $$$$. The letters LLC is not actually on the case summary report.

Doesnt that mean the individual is also liable?

Also, twinkiedooter - I am shocked that you say the court will send me the interrogs. They were very specific that they would not do this.

admin235

Also, do you think I should/can appeal the case based on the judges addition of the company name and the fact that previous payment was received by a company of another name?

progunr

I'm curious as to the amount of this judgment?

If the amount is substantial, why not get an Attorney to collect it?

I have a great deal of small claims experience, as the plaintiff that is, and while not impossible to do yourself, it will be a very time consuming ordeal. Not to mention, you don't even know where to start?

The one thing I would start working on would be getting copies (front and back) from your bank of EVERY check this guy ever sent you. Those account numbers may come in very handy at some point in time.

Best of luck to you!

admin235

Approximately $6000. He only paid us once and I should get a copy of that check, unfortunately it is from a company of another name (not listed anywhere in the case).

Attorneys are expensive, but a possible route to take.

progunr

Yes, they don't work for chump change do they.

The key here is this, you have already done much of the work by obtaining the judgment.

Collection Attorneys work on a contingency basis. If they don't collect, you don't pay.

So, even if you end up with 50%, thats 50% of $6,000 which in my book is much better than
100% of nothing.

I would consult with two or three in your area, find out first if any are even willing to take this case on, then, do a little research to find out which one has the best success record and hire them.

Don't be as focused on a lower fee as they may not be near as effective as the one who is charging you more to get this taken care of. Results are what really matters.

I hope you prevail.

ScottGem

What are the partuculars here, why are you owed the money?

admin235

The company or more the individual contracted my company to do work for him (implied contract on a time and material basis as we were still working on the particulars of the actual contract) and then decided that he did'nt want to pay us because believed it was a 'fixed bid quote'.