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Small Claims Questions in Colorado

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mstapp

Junior Member
What is the name of your state (only U.S. law)? Colorado
Ill give you a brief story here, so you will know the details. My husband was hired through a siding company who was contracting through another company. He was hired to do grunt work basically, he was supposed to be paid an hourly wage. The second day into his job, his company was fired from the company they contracted through. His boss's explanation was that the work wasn't good. The next day his boss went in and was paid for labor, supplies, wages etc. My Husband's boss said that he was never paid for my husband's wages and is refusing to pay him. My Husband called the company and his boss was indeed paid. My Husband confronted him about it over the phone and he said, "Well I can hold your pay for 60 days, I don't have to pay you." Then he proceeded to tell him to just take him to court, because he cannot force him to pay wages in Colorado. So my questions are:
1: The boss lives in another county, 50 miles away. So we have to file in that county correct?
2: Can my Husband add his traveling expenses (gas) to the claim?
3: Are there any damages that he can sue for ie: treble damages etc.
4: Can he sue for court costs?
I know that suing for them, doesn't necessarily mean he will get them. Any suggestions on what he should do or which steps he should take? I appreciate any advice. We have never been to small claims court, so we don't really know what to expect.
 


mstapp

Junior Member
What is the name of your state (only U.S. law)? Colorado
Ill give you a brief story here, so you will know the details. My husband was hired through a siding company who was contracting through another company. He was hired to do grunt work basically, he was supposed to be paid an hourly wage. The second day into his job, his company was fired from the company they contracted through. His boss's explanation was that the work wasn't good. The next day his boss went in and was paid for labor, supplies, wages etc. My Husband's boss said that he was never paid for my husband's wages and is refusing to pay him. My Husband called the company and his boss was indeed paid. My Husband confronted him about it over the phone and he said, "Well I can hold your pay for 60 days, I don't have to pay you." Then he proceeded to tell him to just take him to court, because he cannot force him to pay wages in Colorado. So my questions are:
1: The boss lives in another county, 50 miles away. So we have to file in that county correct?
2: Can my Husband add his traveling expenses (gas) to the claim?
3: Are there any damages that he can sue for ie: treble damages etc.
4: Can he sue for court costs?
I know that suing for them, doesn't necessarily mean he will get them. Any suggestions on what he should do or which steps he should take? I appreciate any advice. We have never been to small claims court, so we don't really know what to expect.
I should have said in my original post that it was not my Husband's work that was in question, but the companies work.
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? Colorado
Ill give you a brief story here, so you will know the details. My husband was hired through a siding company who was contracting through another company. He was hired to do grunt work basically, he was supposed to be paid an hourly wage. The second day into his job, his company was fired from the company they contracted through. His boss's explanation was that the work wasn't good. The next day his boss went in and was paid for labor, supplies, wages etc. My Husband's boss said that he was never paid for my husband's wages and is refusing to pay him. My Husband called the company and his boss was indeed paid. My Husband confronted him about it over the phone and he said, "Well I can hold your pay for 60 days, I don't have to pay you." Then he proceeded to tell him to just take him to court, because he cannot force him to pay wages in Colorado. So my questions are:
1: The boss lives in another county, 50 miles away. So we have to file in that county correct?
2: Can my Husband add his traveling expenses (gas) to the claim?
3: Are there any damages that he can sue for ie: treble damages etc.
4: Can he sue for court costs?
I know that suing for them, doesn't necessarily mean he will get them. Any suggestions on what he should do or which steps he should take? I appreciate any advice. We have never been to small claims court, so we don't really know what to expect.
I should have said in my original post that it was not my Husband's work that was in question, but the companies work.
See here: http://www.google.com/url?sa=t&rct=j&q=colorado small claims court&source=web&cd=2&cad=rja&sqi=2&ved=0CDUQFjAB&url=http://www.courts.state.co.us/userfiles/File/Media/Brochures/smallclaimsweb.pdf&ei=OrxsUKH4JZHo8gS8ooDwBw&usg=AFQjCNG1dPdXgkifuQsuyjUy6GPcYuIw4A
and here: http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=9
and here: http://www.courts.state.co.us/Self_Help/Local_Small_Claims.cfm
And many other resources via Google.

I know you're researching for him, but you should learn to remove the "we" from your questions. Legally, it's just him, his problem, his pay, his lawsuit.
 
Last edited:

latigo

Senior Member
What is the name of your state (only U.S. law)? Colorado
Ill give you a brief story here, so you will know the details. My husband was hired through a siding company who was contracting through another company. He was hired to do grunt work basically, he was supposed to be paid an hourly wage. The second day into his job, his company was fired from the company they contracted through. His boss's explanation was that the work wasn't good. The next day his boss went in and was paid for labor, supplies, wages etc. My Husband's boss said that he was never paid for my husband's wages and is refusing to pay him. My Husband called the company and his boss was indeed paid. My Husband confronted him about it over the phone and he said, "Well I can hold your pay for 60 days, I don't have to pay you." Then he proceeded to tell him to just take him to court, because he cannot force him to pay wages in Colorado. So my questions are:
1: The boss lives in another county, 50 miles away. So we have to file in that county correct?
2: Can my Husband add his traveling expenses (gas) to the claim?
3: Are there any damages that he can sue for ie: treble damages etc.
4: Can he sue for court costs?
I know that suing for them, doesn't necessarily mean he will get them. Any suggestions on what he should do or which steps he should take? I appreciate any advice. We have never been to small claims court, so we don't really know what to expect.
To begin, please don’t be misled by this welsher of a “boss of the siding company” into believing that as a subcontractor (“contracting through another company”) that he is obligated to pay his hired workers ONLY when and if he receives payment from the prime contractor. This isn’t a play on the adage, “Rob Peter to pay Paul”.

Secondly, it is not necessary that you husband cross county borders to sue the boss in small claims.

He has a better option of collecting the money due him by filing a “Wage Complaint” through the Colorado Department of Labor and Employment – Division of Labor.

Here is the contact information:

Colorado Division of Labor
633 17th Street, Suite 200
Denver, Colorado 80202-3611
Phone: (303) 318-8441
Toll Free: (888) 390-7936

For additional information – example, whether or not civil penalties attach - call the number shown. You can also visit the Department’s web site.

www.colorado.gov/cs/Satellite/CDLE-LaborLaws/CDLE/1249391304206

Good luck!
 
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