Counter claim in Small Claims Court

[curlygirl]

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

I received a personal loan (5,000) from an ex boyfriend and have been unable to pay due to financial hardship. I have communicated with him via e-mail my situation and gave him a few options in lieu of paying him back. One option was to have him issue me a 1099 (as I worked for him and his business, doing his bookkeeping and other jobs, during the entire span of our relationship of 6.5 years without being paid, for the same amount I owed him so that he could deduct as a business expense. I also offered him my shares in a restaurant that we both invested in (the same amount of 5,000). He never responded and the other day I received a summons for small claims court.

My questions is, do I have a legitimate counter claim for unpaid wages? I know there are limitations in what can be presented in small claims court. I can have signed affidavits from witnesses that knew I worked for him and the duration.

If I had the money, I would just pay him, however my financial situation is poor and I only make enough money to cover my basic living expenses.

Any thoughts are greatly appreciated!

Cheers

 

[swalsh411]

Perhaps but I'm doubtful the Court will entertain that as a valid counter claim. You should file an unpaid wages claim with the State. You may only be able to go back a few years as there is a SoL on unpaid wages. The most you will be awarded is the minimum wage since you have no agreement otherwise.

 

[OHRoadwarrior]

What is the unpaid wage claim about? You both owned a business together, you both worked there. Why is he personally liable for you working at your business?

 

[swalsh411]

OP needs to clarify what entity she was performing work for. Was it the restaurant she was a part-owner or something else or both?

 

[curlygirl]

Just to clarify, I didn't own the business with him. It was his own business, I was just helping him out with his bookkeeping, doing demos, etc. Occasionally he did pay me as an independent contractor when I need the money, but mostly I worked for him for free.

Regardless of all that, what will happen if there is a judgement against me? I don't make enough currently to pay him. I don't have any assets other than my 12 year old car and a classic Vespa (worth about $2500). I can provide all of my financial records to the court showing my financial situation.

Thank you for your help.

 

[OHRoadwarrior]

Just to clarify, I didn't own the business with him. It was his own business, I was just helping him out with his bookkeeping, doing demos, etc. Occasionally he did pay me as an independent contractor when I need the money, but mostly I worked for him for free.

Regardless of all that, what will happen if there is a judgement against me? I don't make enough currently to pay him. I don't have any assets other than my 12 year old car and a classic Vespa (worth about $2500). I can provide all of my financial records to the court showing my financial situation.

Thank you for your help.

I also offered him my shares in a restaurant that we both invested in

Quack....Quack.... Quack......

 

[curlygirl]

Not sure what "quack quack quack" is supposed to mean?

Just trying to get some advice here...

And to clarify - the restaurant we both invested in was an investment only, as in, we owned units that were sold to other investors - we did not operate or have anything to do with operations.

 

[latigo]

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

I received a personal loan (5,000) from an ex boyfriend and have been unable to pay due to financial hardship. I have communicated with him via e-mail my situation and gave him a few options in lieu of paying him back. One option was to have him issue me a 1099 (as I worked for him and his business, doing his bookkeeping and other jobs, during the entire span of our relationship of 6.5 years without being paid, for the same amount I owed him so that he could deduct as a business expense. I also offered him my shares in a restaurant that we both invested in (the same amount of 5,000). He never responded and the other day I received a summons for small claims court.

My questions is, do I have a legitimate counter claim for unpaid wages? I know there are limitations in what can be presented in small claims court. I can have signed affidavits from witnesses that knew I worked for him and the duration.

If I had the money, I would just pay him, however my financial situation is poor and I only make enough money to cover my basic living expenses.

Any thoughts are greatly appreciated!

Cheers

Whether you have a legitimate claim for wages or not mostly likely you would be prevented from litigating it because of Colorado’s statute of limitations.

Colorado Revised Statutes Section 13-80-101. (In part) General limitation of actions - three years

(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:

(a) All contract actions, including personal contracts . . . . (In part and emphasis added)

And even if you could convince the court that your claim should be governed by the six year limitation period, * the ex-boyfriend would surely raise as a defense the “Doctrine of Laches” **. A defense that in these circumstances would be extremely difficult for you to overcome.
________________


[*]

CRS 13-80-103.5. General limitation of actions - six years

(1) The following actions shall be commenced within six years after the cause of action accrues and not thereafter:

(a) All actions to recover a liquidated debt or an unliquidated, determinable amount of money due to the person bringing the action, . . .

[**] Laches: "A legal doctrine that bars a claimant from receiving relief where the claimant's delay in pursuing the claim has operated to the prejudice of the opposing party."