Appealing a case...

Illinois, McHenry Co.


Long story short:

We had a home built. General contractor failed to pay his sub contractors.

One of the subs sued and won against both of us (GC never showed up).

We had a check written to the GC for an addition amount (that was supposed to be used to pay off this subcontractor) but forgot about till after the court date, we had to look through several checking accounts. Should have been more prepared but wasn't thinking and we lost the case to the amount of $5600.

Also, found out that the GC isn't even licensed to run a business, would this help our case?

I obtained a notice of motion and motion forms... along with a notice of appeal form.

What should I do? Should I try filing the motion to reconsider since we have more evidence? Or just appeal. If we file the motion and that fails can we still apeal?


Also, found out the plaintiff files a citation after they won, what does this mean?

Thank you in advance.

Listen up! Please!

Before you do another thing, you need to consult with an attorney familiar with the Colorado Revised Statutes that deal with the claims and liens of people like this subcontractor (known as mechanic’s liens) and when and how they are enforced and the special defense afforded to the owner/occupant of a “single family dwelling unit”.

For example Section 38-22-113 (4) of those statutes provides that it is an affirmative defense if the owner has paid a sufficient amount to the prime contractor to satisfy the claims of any subcontractors.

PROVIDED and only if the labor and materials were furnished upon an “owner occupied single family dwelling”. CRV Sec. 38-22-113 (4)©

Now that is well to know, but knowing it is only half of your problem. You need to speak with an attorney to find out how you can go about asserting that defense and submitting your proof of payment to the prime now that a small claims judgment has been entered.

Only the attorney can tell you whether the case can be reopened or whether you need appeal for a trial de novo where you would be entitled to professional representation.

Another issue here is whether you cross-claimed against the prime. And if you didn’t, how do you proceeding under Colorado ‘s laws and rules of civil procedure in order to get a judgement back against him if you are forced to pay the sub.

The legal issues and processes involved here are extremely complex so don’t think for a minute that you can get on top of them without experienced legal guidance.

Thanks for the advice but this is in Illinois