Can I sue same client twice in Small Claims for two separate incidences?

[JulesS]

What is the name of your state (only U.S. law)? COLORADO

I have a contract with a company I consult for that states they owe me the Colorado maximum small claims ($7500) if any payment is over 30 days past due. I consulted on getting a product developed and through email told them that I could personally get it developed for $26,400.00.

I accepted $7000.00 down and the remainder would be paid in two separate payments of $9725.00 once when 50% complete and the last when 100% complete.

I included very detailed information on what exactly would be needed and done and the itemized list was given to an employee of the company which we both signed, when I received the first payment ($7000.00). I then gave the individual (who hired me, pays everyone, and was the one who agreed to the everything via email) multiple emails detailing every last little specific that could be imagined about this project. The client was very happy and 3 weeks ago I delivered the product 85% complete for them to demo. They checked everything out and agreed it was near completion. I asked for the second payment of $9725.00 to be payed to me since it was proven more than 50% of the product had been complete. The client has since sent me a few emails with excuses delaying the payment and now has stopped communicating with me all together. I need to be compensated and wanted to keep it small claims.

Can I sue the client twice in Small Claims since these were two separate incidents, or will I have to sue out of small claims for the combined amount?

 

[ecmst12]

It's one job and one contract. For this amount of money, hiring a lawyer for regular court is certainly worth it.

 

[JulesS]

Time is really of the essence for me because I have had other unexpected bills and with all I have in this project I am very low on funds. I actually have everything 85% complete instead of 50% so I am out a lot.

I can get a small claims case heard in just over 30 days, a regular court case will take much longer and I need $ for food, rent, insurance, family ills, ect...

 

[Ohiogal]

Time is really of the essence for me because I have had other unexpected bills and with all I have in this project I am very low on funds. I actually have everything 85% complete instead of 50% so I am out a lot.

I can get a small claims case heard in just over 30 days, a regular court case will take much longer and I need $ for food, rent, insurance, family ills, ect...

Tough. You can't sue them twice on this contract. You can sue them and get the maximum in small claims of $7500. Well you can get a judgment for that but that doesn't guarantee payment.

 

[Zigner]

Time is really of the essence for me because I have had other unexpected bills and with all I have in this project I am very low on funds.

Do NOT count on collecting (if you win) being a fast process. I would suggest that you find some other source of funds to get you past this period of time.

 

[JulesS]

Thanks for all the info.

I would imagine that upon being served that the client will contact me and pay up, they have admitted guilt and know that I am owed this amount.

The only last problem is my own fault. I decided to complete much more than 50% of the project, and they only owe me for 50% now. So I can either go to small claims for $7500 or regular court for $17,225 and hire a lawyer. After 30% I would get $12,000.

Collecting isn't a problem I know how to file liens and he does own a few businesses the largest of which brings him in over $1m net profit a year alone.

 

[Willlyjo]

What is the name of your state (only U.S. law)? COLORADO

I have a contract with a company I consult for that states they owe me the Colorado maximum small claims ($7500) if any payment is over 30 days past due. I consulted on getting a product developed and through email told them that I could personally get it developed for $26,400.00.

I accepted $7000.00 down and the remainder would be paid in two separate payments of $9725.00 once when 50% complete and the last when 100% complete.

I included very detailed information on what exactly would be needed and done and the itemized list was given to an employee of the company which we both signed, when I received the first payment ($7000.00). I then gave the individual (who hired me, pays everyone, and was the one who agreed to the everything via email) multiple emails detailing every last little specific that could be imagined about this project. The client was very happy and 3 weeks ago I delivered the product 85% complete for them to demo. They checked everything out and agreed it was near completion. I asked for the second payment of $9725.00 to be payed to me since it was proven more than 50% of the product had been complete. The client has since sent me a few emails with excuses delaying the payment and now has stopped communicating with me all together. I need to be compensated and wanted to keep it small claims.

Can I sue the client twice in Small Claims since these were two separate incidents, or will I have to sue out of small claims for the combined amount?[/QUOTE)

How can you sue in small claims when the amount that is owed you is far greater than the maximum you can sue in small claims court in Co. (7500.00)? Unless you want to give up a vast amount of money by filing in Colorado small claims court, you should be filing a Superior Court claim against the individual who owes you for your services.

 

[latigo]

What is the name of your state (only U.S. law)? COLORADO

I have a contract with a company I consult for that states they owe me the Colorado maximum small claims ($7500) if any payment is over 30 days past due. I consulted on getting a product developed and through email told them that I could personally get it developed for $26,400.00.

I accepted $7000.00 down and the remainder would be paid in two separate payments of $9725.00 once when 50% complete and the last when 100% complete.

I included very detailed information on what exactly would be needed and done and the itemized list was given to an employee of the company which we both signed, when I received the first payment ($7000.00). I then gave the individual (who hired me, pays everyone, and was the one who agreed to the everything via email) multiple emails detailing every last little specific that could be imagined about this project. The client was very happy and 3 weeks ago I delivered the product 85% complete for them to demo. They checked everything out and agreed it was near completion. I asked for the second payment of $9725.00 to be payed to me since it was proven more than 50% of the product had been complete. The client has since sent me a few emails with excuses delaying the payment and now has stopped communicating with me all together. I need to be compensated and wanted to keep it small claims.

Can I sue the client twice in Small Claims since these were two separate incidents, or will I have to sue out of small claims for the combined amount?

You have but one cause of action against the debtor and it must be prosecuted in one lawsuit.

First, there is but one transaction here - not two “separate incidents” as you illogically assert.

Second, whether you were successful or not in prosecuting the first lawsuit, the principles of res judicata (claim preclusion) would bar you from proceeding with a second prosecution against the same defendant involving the same transaction.

RES JUDICATA - Lat."the thing has been decided" The principle that a final judgement of a competent court is conclusive upon the parties in any subsequent litigation involving the same cause of action.

The general rule is that a plaintiff who has prosecuted one action against a defendant and obtained a valid final judgment is barred by res judicata from prosecuting another action against the same defendant where:

(a) the claim in the second action is one which is based on the same factual transaction that was at issue in the first;