Filing a small claim

[slabourdette]

What is the name of your state? Colorado

Thank you in advance for your assistance. I am filing a small claim tommorrow for money owed. Long story short: August, 2005 I gave a $5000 check to a person to hold in deposit for some future surplus medical equipment I hoped to purchase. It is now May, 2006 and after many attempts to have my funds returned and/or to purchase any equipment I am left holding the proverbial bag.

In a recorded phone call, this person promised to have my money to me within 30 days and that was 90 days ago. After that fell thru I wrote a formal letter sent registered mail to this person demanding return of my funds with 14 days or further legal action would be taken. I have heard nothing from this person and no attempt to make any payment arrangements have been made. My questions are as follows:

1. The check was made out directly to this person, he operates his business out of his home. I was at his home when the business transaction took place but in the business portion of it. Can I include this person's spouse in the lawsuit?

2. Looking at the business card given to me by this person, there is a company name printed at the top. In searching Colorado's Sec of State database for companies by name, I can find no legal registration under the name given. Does this mean they are operating illegally??...he deals in large volumes of equipment. Pays one local hospital roughly $30,000 for the yearly right to obtain all of their surplus equipment. Has several locations across the U.S.

3. Punitive damages. In Colorado we are allowed to sue up to $7500 in small claims court.
I am suing for the original $5000 plus interest ($400), I would like to also sue for punitive damages for the remaining $2100 for his lack of business ethics and his illegal tactics. He has maliciously lied on several occasions, saying that he would have my money returned to me. May I file for punitive damages? If so, is there a better way to phrase it to better my case. I feel I should definitely be reimbursed for the stress and anxiety that has been dealt upon me.

4. Once judgement is made in my favor, at what point may I place a lien on any and all property he owns to insure that I get repaid? Is this what they call a "nonconsensual lien"? And how do I go about filing such a lien?

I just found out today that he has been blacklisted as of 4/06 from a web based medical equipment trading site. I filed a complaint with BBB, not sure what will happen with this since there technically is no business.

Would appreciate any and all advice that is given in this matter. Would at least like a response to #1 and #3 quickly if I might so that I can complete the filing of the claim.

Sandy

 

[seniorjudge]

What is the name of your state? Colorado

Thank you in advance for your assistance. I am filing a small claim tommorrow for money owed. Long story short: August, 2005 I gave a $5000 check to a person to hold in deposit for some future surplus medical equipment I hoped to purchase. It is now May, 2006 and after many attempts to have my funds returned and/or to purchase any equipment I am left holding the proverbial bag.

In a recorded phone call, this person promised to have my money to me within 30 days and that was 90 days ago. After that fell thru I wrote a formal letter sent registered mail to this person demanding return of my funds with 14 days or further legal action would be taken. I have heard nothing from this person and no attempt to make any payment arrangements have been made. My questions are as follows:

1. The check was made out directly to this person, he operates his business out of his home. I was at his home when the business transaction took place but in the business portion of it. Can I include this person's spouse in the lawsuit?

2. Looking at the business card given to me by this person, there is a company name printed at the top. In searching Colorado's Sec of State database for companies by name, I can find no legal registration under the name given. Does this mean they are operating illegally??...he deals in large volumes of equipment. Pays one local hospital roughly $30,000 for the yearly right to obtain all of their surplus equipment. Has several locations across the U.S.

3. Punitive damages. In Colorado we are allowed to sue up to $7500 in small claims court.
I am suing for the original $5000 plus interest ($400), I would like to also sue for punitive damages for the remaining $2100 for his lack of business ethics and his illegal tactics. He has maliciously lied on several occasions, saying that he would have my money returned to me. May I file for punitive damages? If so, is there a better way to phrase it to better my case. I feel I should definitely be reimbursed for the stress and anxiety that has been dealt upon me.

4. Once judgement is made in my favor, at what point may I place a lien on any and all property he owns to insure that I get repaid? Is this what they call a "nonconsensual lien"? And how do I go about filing such a lien?

I just found out today that he has been blacklisted as of 4/06 from a web based medical equipment trading site. I filed a complaint with BBB, not sure what will happen with this since there technically is no business.

Would appreciate any and all advice that is given in this matter. Would at least like a response to #1 and #3 quickly if I might so that I can complete the filing of the claim.

Sandy

http://www.courts.state.co.us/chs/court/forms/smallclaims/smallclaims.html

Read this.

After you read all that, post back with any questions not answered.

 

[slabourdette]

Small Claims....

http://www.courts.state.co.us/chs/court/forms/smallclaims/smallclaims.html

Read this.

After you read all that, post back with any questions not answered.

Dear SeniorJudge:

I appreciate the link and yes, it does provide a bevy of information but I cannot find the answer to #1 or that I can see in reference to his spouse. Also I see a link on placing a levy but it does not say as to when or at what point may I place this levy. How long does the court normally give a person to pay his debts once a judgement has been handed down?

Due to a hectic schedule, I'm a traveling nurse, I need to file this morning and was looking for some quick answers. Unfortunately I need to drive a hour and half to file in this persons district so I'm pressed for time. Any additional info would be very much appreciated.

Respectfully yours....

 

[dcatz]

This may be too late to help you before the fact but maybe not too late to provide some assistance.

Q. Can I include this person's spouse in the lawsuit?

A. If you were dealing with him and the business, I see nothing in the information posted that would allow you to go after the wife, unless she plays a role in the business (partner, co-owner etc.). If you named her, it doesn't mean you have to sue her. You can dismiss her, without affecting the claim against him.

Q. Does this mean they are operating illegally?

A. SofS web sites usually just list corporations authorized to conduct business in the state (along with their registered agent). If yours is like that, it will at least omit partnerships and sole proprietorships, which are valid legal enities.

Q. May I file for punitive damages?

A. You can and, if the Court agrees with you, they'll be awarded. I don't see the basis from the information posted.

Q. at what point may I place a lien on any and all property he owns to insure that I get repaid?

A. Assuming a judgment in your favor, there will be an appeals period (eg. 30 days). Once that is over, you can take any and all legal enforcement measures you wish, including filing liens. Yes, they have been called nonconsensual, and liens on personal property are normally filed with the Secretary of State (look for forms on the web site), and real property liens are normally filed by recording the judgment in the county in which the property is located.