Promissory Note Breach of Contract

[PayrollHRGuy]

You walk in with a couple of copies and tell the clerk you need to file a civil suit and hand them over with a check for the filing fees.

The clerk can't give you legal advice but they can say what you have to do to file.

EDIT: Good link Zigner.

 

[Zigner]

You walk in with a couple of copies and tell the clerk you need to file a civil suit and hand them over with a check for the filing fees.

The clerk can't give you legal advice but they can say what you have to do to file.

EDIT: Good link Zigner.

It's a start - but the OP is going to need to become familiar with the Colorado Rules of Civil Procedure. Intimately familiar.

 

[bboy92]

Everything you need to know: https://www.courts.state.co.us/Self_Help/morethan25000/

perfect thank you!

 

[PayrollHRGuy]

It's a start - but the OP is going to need to become familiar with the Colorado Rules of Civil Procedure. Intimately familiar.

I agree but I was responding to, "I just need to know what to ask for when I walk into the court to file it formally."

 

[bboy92]

Lets say best case scenario I win the judgment. Since I know where he works and who he banks with, would I be able to have his wages garnished to satisfy the judgement?

 

[Zigner]

Lets say best case scenario I win the judgment. Since I know where he works and who he banks with, would I be able to have his wages garnished to satisfy the judgement?

Yes.

 

[bboy92]

Yes.

Knowing how this guy is he probably wont even respond to the court and I can then motion for a default judgement at which point ill then have his wages garnished. This would all be best case scenario. Even if he drags it out to court its very cut and dry. Theres a promissory note and he didn't pay. Not sure how he could get out of it other than file bankruptcy...

 

[Zigner]

Knowing how this guy is he probably wont even respond to the court and I can then motion for a default judgement at which point ill then have his wages garnished. This would all be best case scenario. Even if he drags it out to court its very cut and dry. Theres a promissory notice and he didn't pay. Not sure how he could get out of it other than file bankruptcy...

Very easy - you can screw it up because you don't know what you're doing. This is NOT small claims court - this is big-boy court where they expect you to know what you're doing. The fact that you don't even know how to figure out how to file the case shows that you desperately need an attorney.

 

[bboy92]

Very easy - you can screw it up because you don't know what you're doing. This is NOT small claims court - this is big-boy court where they expect you to know what you're doing. The fact that you don't even know how to figure out how to file the case shows that you desperately need an attorney.

I simply cannot afford one right now with my current financial situation. At least I'm trying here and not just letting some jerk screw me out of the money with nothing to answer for...

 

[Zigner]

At least I'm trying here and not just letting some jerk screw me out of the money with nothing to answer for...

Well, to be accurate, you already did that and now you're just trying to fix it.

 

[PayrollHRGuy]

Lets say best case scenario I win the judgment. Since I know where he works and who he banks with, would I be able to have his wages garnished to satisfy the judgement?

In the same link Zigner posted earlier https://www.courts.state.co.us/Self_Help/collectjudgment/

 

[bboy92]

Well, to be accurate, you already did that and now you're just trying to fix it.

Kind of I guess, I really just ran out of money to pursue it through an attorney. Honestly thats what the guy is hoping is that now I'm too broke to pursue him legally...

 

[Zigner]

You may want to see if you can find any attorneys willing to work out some sort of limited representation agreement with you whereby they basically coach you along the way.

 

[bboy92]

You may want to see if you can find any attorneys willing to work out some sort of limited representation agreement with you whereby they basically coach you along the way.

That would be nice. I cant imagine they would work for free though. Maybe expecting something if judgement is won? I'll look into it

 

[Zigner]

That would be nice. I cant imagine they would work for free though. Maybe expecting something if judgement is won? I'll look into it

No, not for free - and the chances that you find any attorney willing to work on a case such as this for free are virtually zero. But hiring an attorney to give pointers and basic instructions is may be a lot cheaper than hiring an attorney to handle the entire case.