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Home>Levelset Community>Legal Help>In Colorado average lawyer cost for taking a residential client to district court for nonpayment amount owed 10,144

In Colorado average lawyer cost for taking a residential client to district court for nonpayment amount owed 10,144

Colorado

Client fails to pay final invoice for work completed and materials purchased on my HomeDepot credit card. she stated she had a cheaper estimate after I had already started which included everything my estimate was not inclusive as stated in estimate and verbally on numerous occasions. she added many things in the process but was mad when it wasn’t completed when she had hoped. from there she started becoming unruly and kept telling me about her cheaper estimate.

2 replies

Jan 16, 2023

I am sorry about the issues. The legal fees could quickly surpass $10K in county court under a full representation. The problem is that each lawsuit is different and there is no way any experienced attorney (I have been practicing for almost 25 years) could give you an accurate estimate . It depends on more facts and, in large part, on what the defendant does. If they proceed pro se they could go all the way to trial. That or they could retain an attorney. Either way, this could be costly quick. You have two options that are likely better. 

First, sue in small claims for up to $7500. You would have to forego the balance above the small claims limit, but this is quick and easy and no attorney is necessary. 

Second, provided the services where not contracted with your business entity, is to proceed under a limited representation in county court. In this representation, the attorney provides specified services and they do not enter as the attorney of record in the case. This is normally
less expensive and requires a smaller retainer. Our office and others offer
limited representation. This is a brief overview https://bit.ly/3xY5VJS.  

 I hope this helped answer your question and reach out toattorneys for a consultation right away.  

   

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Jan 16, 2023

As usual, I largely agree with my colleague, though I'm unclear as to exactly what your question is. If it's seeking a fees estimate, Mr. Murillo is spot on. Anyone who quotes you a hard number without committing to flat your fees at that amount is simply trying to get business. I'd find it highly unusual for anyone to flat this type of representation. Limited representation might be an answer (which is something my firm does not generally offer).

I think what's missing from your question is your actual contract language. Is there a written contract? Does it provide for fees, mediation, or arbitration? Is this just an invoice without any additional terms? What's contained in the contract can affect what the best recourse is, and if your fees are potentially recoverable. They won't be absent contractual language clearly providing for them, which is something every contractor needs to incorporate into their contracts, or at minimum, their estimates and invoices as a simple one line sentence in the event of nonpayment.

As Mr. Murillo indicates, if your contract or invoice is issued by your company, you won't be able to represent your company without an attorney if the amount in controversy exceeds $15,000 all in as of the date of filing. If it's under $15,000, or if it's not the name of the company, you would be able to represent yourself in county court without foregoing any damages. But, I wouldn't recommend doing that without an attorney at least reviewing your case and having some sort of limited representation to ensure you're making the right claims and setting your case up for success. 

I'd take Mr. Murillo's advice and give him a call. I'm also happy to discuss and give you a free consult, though I likely would not offer an arrangement short of full representation. (720) 500-7855.

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