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William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3065
Experience:  Civil litigation attorney for individuals and businesses.
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I currently have a small Fencing and decking business that

Resolved Question:

I currently have a small Fencing and decking business that is in my name I'm 27 live in Colorado. My questions are to deal with a co owner that I was staying with and property in which was bought for the company to do jobs and make the business run. Due to unethical ways of doing business I have decided to move on and save my name from being totally tarnished. This man was a teacher, a mentor, and like a father figure. Until he stole tools from customers. Walked off jobs without finishing, taking the money still. Not paying taxes for the 6years he has owned fencing company's ( by the way 3-4 different names used and played 2 other men like myself to use there names and socials to front for him promising part of the company) Well this time I'm cutting it off. I took on a Sol proprietary ship on QualityBilt Fence of Denver. Took my tools that I needed for work. Computer and the rest I left for him to have( like tools he stole or bought stolen). Problem 1= he is smart and bought most of the tools and stuff with a personal debit card to cover his ass.
Problem 2= he's filed charges with the Federal heights police dept on thef t felony
Problem 3= he has stolen money from customers and cashed there checks and never worked.
He's vindictive, crazy, and out for blood. What can I do, I have a lot of dirt on this guy like he won't put the companies in his name cause of the money he receives from SSI and Disability Benefits. Please help I'm not a bad guy. But this is going to screw me, my name, and this guy needs to pay for all his bulls%&$!!!!

Kevin Palmer
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I would like to assist you today, but I may need some more information to better assist you.

William B. Esq. :

If I understand your situation, this individual has used your personal debit card to purchase tools, taken money from your joint customers without finishing work on behalf of your joint company, and he has filed a police complaint against you. Are these the 3 issues that I can assist you with today?

Customer:

Yes plus being that hes on probation for larsony, and or ebeslement he used me to open a joint bank account which led us getting a business checking account which he put negative running the company using my name and social.

William B. Esq. :

It appears that he most likely has embezzled from your company as well (the taking of client funds without performing work). He has also likely stolen from you (the use of your personal debit card). Both of these are criminal matters that can be dealt with through the police and prosecutors' offices. The false police reports are something you will need to deal with separately. I always recommend that individuals facing police investigation seek legal counsel to ensure that their rights are fully protected (usually this can be done economically in situations such as the one you describe), but it is an important step. Given this individual's history, it is unlikely that his story will be given a great deal of weight, and the fact that he is engaging in the same type of behavior that he was convicted of the first time makes it even less likely.

William B. Esq. :

Hopefully this matter will be resolved quickly. The way in which you have described this situation makes it seem unlikely that you will have any significant concerns of your own regarding the police reports he has made.


I will offer that in addition to reporting his actions to the police, you can also file a civil action against him on behalf of your company to recover the money he has stolen (if you do not get a reimbursement order from any criminal conviction he may receive).


I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!

Expert:  William B. Esq. replied 1 year ago.
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Customer: replied 1 year ago.

How do I file a civil action and I need counsel bad!

Expert:  William B. Esq. replied 1 year ago.
Dear Customer,

Depending on the amount in question, you can file a claim in general civil court, or in small claims court. The procedures are roughly the same, but in small claims court, they are slightly more relaxed. The small claims cap is $7,500.00. You can find information regarding how to file a small claims case (you can do so easily without an attorney using the information provided by the Colorado Courts). http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=237

If your claim is for more than $7,500.00 you will need to file a complaint in general civil court. You will still need to file a complaint, get a summons and serve it on the other side. This will get your case moving. I would advise using an attorney for a general civil case.

To get an attorney I cannot give you a specific referral, but I can offer the following resources, the Colorado State Bar Association's Lawyer Referral Service http://www.cobar.org/directory/, www.Martindale.com, and www.AVVO.com. Look for a civil litigation attorney.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3065
Experience: Civil litigation attorney for individuals and businesses.
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