Legal Question in Consumer Law in Colorado
Travel membership scam
I bought a Travel membership from a company started by a person. This person continues to open and close companies to avoid meeting his obligations and to avoid paying back his customers. It was a scam for a ''perpetual'' travel membership -- it could be willed from generation to generation.
I took this person to court -- but did not have enough evidence at the time -- to show he was using ''companies'' as alter-egos to benefit himself financially.
I was awarded judgement against the company. The company owned a building, but it is now being foreclosed by the person that owns the note. If I have a judgment against the company, does that judgement put a lien on the building that follows the building, or is it only against the company. Is there anything I can do to lift the corporat veil? I took it to small claims court -- can I bring it to criminal court? I'd like to charge him with fraudlent activity. I'd like to put a lien on his personal home and car.
1 Answer from Attorneys
Re: Travel membership scam
That's probably the best thing you can do. Find out who manages fraud cases in your local state's attorney office and make an appointment. Bring your evidence with you. That person won't issue a warrant, but can advise a magistrate or judge to issue one. The reason that's the best thing you can do is that you're not going to get a penny out of that person civilly without working five times as hard as the case is worth, whereas in a criminal case, the Court can order that he pay restitution as a condition of any leniency in the sentence.
Note that he's not doing anything the big companies don't do. If you look up who owns the trademark "Best Buy", for example, you'll find a corporation located at a mail drop in the Bahamas, and that corporation does not own the store where you shop. Taxi cab companies routinely create a new and different corporation to own each car in order to protect all the other cars in the fleet if you get a judgment against one of the corporations. Is that consumer fraud? You bet, but it's not illegal in most places yet.
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