QUESTION

Which type of case can I pursue with this evidence?

Asked on Sep 08th, 2020 on Contracts - Colorado
More details to this question:
A local construction co breached its contract (opinion of other lawyers) and is refusing to reimburse me in full. I believe I can also prove fraud and blatant extortion. I am CO & recorded all conversations. I have them admitting everything. They deposited my $5k & never contacted me. Over 30 days later, I finally got a hold of them. I can prove breach - I want them out of biz. I believe I have fraud and definitely extortion. What kind of lawyer should I seek? Do I go civil or criminal?
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1 ANSWER

Personal Injury Attorney serving Denver, CO at Colorado Justice-Rx Attorneys, LLC
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Katie, In short, you can contact both.  It is a shame that this company mistreated you and broke the contract in such a way. It sounds as if you want to hold this company accountable and receive financial compensation for the breach of contract and resulting damages you suffered. For this type of relief you ought to contact a civil attorney who is well versed in business disputes and/or construction contracts. If fraudulent conduct is indeed involved and supported by sufficient evidence, there is potential to obtain a substantial recovery. I cannot comment on the potential for recovery any further without knowledge of the facts and a thorough review of the contract at issue. It is likely that you can find an attorney willing to handle this matter on a contingency fee basis. When you hire an attorney in this manner, they work for you and must follow your instructions to the extent possible within the bounds of rules of professional conduct and ethics. You cannot, per se, directly obtain this sort of personal financial recovery through the criminal justice system. To go the criminal route would require making a police report. From there, your involvement would be limited. If the authorities found there to be reason to suspect a crime may have taken place, they would likely investigate the situation. However, you would have no control over their decisions. This would not be the same as hiring an attorney to represent you and would not cost you to incur attorney fees--at least not directly.  It's possible that facts exist which could lead the authorties to recommend to the prosecutor to file criminal charges against the company and/or individuals involved. However, the standard of proof required in criminal law is "beyond a reasonable doubt." This is far beyond the proof required in a civil case which is a "preponderance of the evidence" or sometimes a heightened standard of "clear and convincing evidence." You are welcome to respond with further details if you so desire. I hope you find his explanaiton informative. Best, Joseph
Answered on Sep 09th, 2020 at 12:48 AM

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