Werge Law Appellate Win Awarding Attorneys’ Fees

Werge Law is excited to announce an appellate win on an issue of first impression, which resulted in an award of attorney fees in favor of our well-deserving client! Our client, a Florida startup, transacted business with a Colorado company to purchase equipment. When the equipment was delivered damaged and the supplier had failed to carry sufficient insurance, it attempted to negotiate a resolution. The supplier refused to provide new working equipment and refused to provide a refund. Without other recourse, our client returned the equipment and disputed the charge with the credit card company. To win the chargeback, as set forth in the complaint, the supplier falsified information provided to the credit card company.

Werge Law filed suit under the Colorado civil theft statute in the County Court for Jefferson County and obtained a default judgment against the supplier in the amount of $25,000. Werge Law then obtained a writ of execution and conducted a sheriff’s seizure of the supplier, collecting various personal property from the supplier’s manufacturing facility. In response, the supplier attempted to object for the first time to the default judgment. Following significant briefing, and a hearing before the court, the supplier’s request was denied and the judgment was upheld. Without appealing the ruling, the supplier then attempted to collaterally attack the judgment by filing a new independent equitable action in Jefferson County District Court. Werge Law was able to obtain dismissal of that case for failure to state a claim and is currently waiting for the entry of a judgment of additional attorney fees for its client in that matter.

Given that the supplier had refused to negotiate and instead chose to fight the judgment thoroughout, significant attorneys’ fees were incurred by Werge Law’s client in this matter. And after the County Court denied Werge Law’s motion for entry of attorneys’ fees under the civil theft act under the theory that fees incurred after the entry of judgment were not awardable under the statute, Werge Law appealed. The appeal was heard by the Chief Judge Pilkington of the Jefferson County District Court, who noted this was an issue of first impression under Colorado law, and then decided in favor of Werge Law’s client.

This win came with significant support from Werge Law’s amazing law clerk Matthew Forstie, who just-so-happens to be taking the Colorado bar examination this week. This fall he will be starting an amazing fellowship to do pro bono work for his first one-to-two years of practice of law.

We are pleased to have prevailed on behalf of our well-deserving client, who will now be able to obtain additional compensation for the losses incurred. Werge Law fights hard for its clients and seeks to obtain justice for wrongs done in the course of business.

LVAT Intl. LLC v. Zybek Sports LLC, No. 2021CV30198 (Colo. Dist. Jeffco, June 28, 2021) (Pilkington, C.J.).

Werge Law Team Member Spotlights - Emily Perrigo

Werge Law Group is excited to announce that Emily Perrigo is joining our team as our new Office Manager. Emily brings seven years of experience in office management, human resources, and operations management to the firm. Prior to working at Werge Law, Emily helped manage a co-working space downtown, which was Werge Law’s first office space! Emily has hit the ground running and we are thrilled to see the contributions she will continue to have in bettering our internal processes and ensuring we continue to provide our clients with the high quality legal services they’ve come to expect!

Here’s a little more about Emily:

Q. What is the best way to start the day? 

Answer: I love starting my day with a workout. It wakes me up and makes me feel energized and ready to conquer the day. It also helps me be more productive at work! 

Q. What song always gets you out on the dance floor? 

Answer: Africa by Toto 

Q. What is something your mother/father taught you that completely changed your life? 

Answer: My father passed away in 2020. His passing changed my life and taught me how incredibly short life is. It taught me to appreciate time with my loved ones more and to always express that I love them.  

Q. What is the best piece of advice you have ever been given? 

Answer: Don’t sweat the small stuff. It is so easy to get worked up over small things, but I try to remind myself – will this matter/be relevant in one week, one month, one year from now? If not, try to not let it consume your energy.  

Q. What are some of your hobbies? How did you get into them? 

 Answer: I love to garden. I didn’t have my own space to garden until 2 years ago when we bought our home. That’s when I decided that I wanted to learn how to garden. I thought it would be fun to grow our own produce. My fiancé, Ben, and I built two garden boxes last summer and I joined gardening groups on Facebook and started researching how to start this process and what to grow. This year I am growing peppers, cucumbers, broccoli, romaine, spinach, and a few different types of squash. It has been so fun watching everything grow and eating fresh vegetables that we grew ourselves! 

Werge Law Leads Client to a Win Against Unscrupulous Contractor

Werge Law represented an individual who starting a real estate investment business by purchasing a duplex in Denver. She entered into an agreement with a contractor to build a fence at the property and complete other odd jobs – and received a bid to complete the work within a few short weeks at a firm price of $3,500.

Three months later, she discovered the project was far from complete and that the work had caused damage to her property. She terminated the contractor, and had to hire a brand new company to re-do the entire project. She was willing to chalk up the money she paid as a business loss, but she also wanted to make sure it was known that the original contractor did not do good work. She posted a 1-star review of the contractor’s work on Yelp, explaining the difficulties she experienced.

              After apparently discovering the negative review, the contractor retaliated by filing a mechanic’s liens against the property in the excessive amount of $75,000. He did so without providing her any notice, and despite the fact that our client had paid every single invoice he ever sent her. Our client only discovered the liens when she later found herself in the process of refinancing the property. The liens scuttled her hopes of obtaining the new loan. She then hired Werge Law to help.

              We attempted to negotiate with the contractor prior to moving forward with the lawsuit to remove the liens. But when the contractor refused, we filed suit in Denver District Court and asserted claims for the fraudulent liens and for the damages incurred by our client. And we were able to chalk up an early win on a motion for judgment on the pleadings to get the mechanic’s liens released in their entirety. We then proceeded to a damages hearing and were able to obtain a judgment in our client’s favor for nearly $30,000, which included all attorneys’ fees incurred. We have since been able to recover money from the contractor through garnishments, but most importantly, after the liens were removed, our client was able to complete the refinance of the property and get back to her real estate business.

Werge Law Team Member Spotlights - Daniel Williams

Dan has been with Werge Law Group for a full four years now! He started as the firm’s very first law clerk before joining as an attorney after being sworn in to the bar in October 2018. Dan has already second-chaired multiple trials for the firm, supporting the firm’s backbone litigation practice. Dan has also served to expand the firm’s music law practice with his knowledge and experience in the entertainment industry. Dan is not only a talented attorney, but he is also a creative and a musician. He can play most any instrument thrown his way. In addition to being affiliated with the musical arts, Dan is also a cartoonist, once published in Boulder, Colorado’s Colorado Daily and Daily Camera publications. He still creates the occasional cartoon, hand-drawn thank you note, and holiday card (sometimes even for the firm)! He is exceptional and wide-ranging in his pursuits, to say the least.

Get to know a little more about Dan:

Q. What is the first career you dreamed of having as a kid?

Answer: I wanted to be an astrophysicist. I read Stephen Hawkings “a brief history of time” in sixth grade and had a passion for the stars, the universe, and all the mysteries contained within it. In grade school I excelled at physics and calculus (though I did not like chemistry). But by the time I became an undergraduate at CU, my interests had shifted to the mind and philosophical pursuits – namely, the pursuit of understanding our world through words and applying logic in an effort to lead a happy and fulfilling life. I still love the stars and the mysteries of the universe.

Q. What does success mean to you?

Answer: I believe that success should not be defined generally, but within the boundaries of your own existence. For me, there is no “I’ve made it” metric. It’s more worthwhile to remain driven toward making your days purposeful and enjoyable, while living comfortably and having the ability to pursue the experiences I desire. I feel it’s important, however, to not be afraid to better myself or take the next step on this journey. Success for me would be closing the curtain on this life with little regret, fond memories, and a smile on my face.

Q. What is a dream you have that you have yet to achieve?

Answer: My retirement dream would be to own a poorly attended bar on an “off the beaten path” beach somewhere tropical.

Q. What is a quote or expression you live by?

Answer: “He who can no longer pause to wonder and stand rapt in awe, is as good as dead; his eyes are closed.” – Nietzsche

Q. What was the last book you read?

Answer: Timequake by Kurt Vonnegut – “I feel and think much as you do, care about many of the things you care about, although most people don’t care about them. You are not alone.”

Q. What song always gets you out on the dance floor?

Answer: Fantastic Man – William Onyeabor

Client Spotlight: Marley LLC – the Voice of 2021.

Darius Marley is a talented voiceover professional, writer, and audiobook narrator. Werge Law assisted him in setting up Marley LLC, an entity he is using to diversify his international voiceover business. He started his voiceover career in 2010, primarily doing radio spots, promos, and tags. Since then, he has continually expanded his business, including through producing hundreds of hours of long form material.

And his professionalism and talent made him the perfect voice for us! On a whim, we asked Marley if he would be willing to be the voice of our firm. He gladly agreed and upgraded our generic phone message into a warm, professional virtual receptionist system. We are overjoyed that he was willing to lend our small firm his epic baritone voice. If your business or anyone you know is in need of voiceover work, make sure to reach out to Marley. He is one heck of a guy, and an amazing voice artist.

In addition to Marley’s voice, when you give the firm a ring at 720-507-5008, our transfer music is from 12 Cents for Marvin (attorney Tom Werge’s band of 25 years). Now sit back, relax, enjoy the new voice and sounds, and Werge Law Group will be with you shortly!

Werge Law Group Supports Dora Moore School

Check us out at the corner of 8th Avenue and Downing! Werge Law is proud to support the Dora Moore School Parent Teacher Student Association. Tom and Halie’s son Miles is currently in first grade at Dora Moore, where he has attended for the last three years (since ECE4/pre-K). And we are hopeful that the Werge twins Annie and Alton will be able to start ECE4 at Dora Moore this Fall!

This is the first time the firm has ever done any print or display advertising, but when we were presented with an opportunity to support the PTSA, while also helping a wonderful school in our community, we couldn’t pass it up. 100% of the proceeds collected from Dora Moore’s banner program go to sponsoring programs and providing educational support throughout the school year, including afterschool enrichment, assistance with RTD passes for students, teacher development and teacher supplies, and financial support to keep the kids and staff COVID safe.

This was also a great opportunity for the firm to show off our “new name.” Werge Law LLC is now officially doing business as Werge Law Group. We decided to change the name to reflect the significant contributions of our amazing and collaborative team. With nine team members, four of which are full time, and now four attorneys contributing to the work of the firm, we wanted our name to reflect the team-based structure of the firm that continues to help us bring successful outcomes for our amazing clients.

For more information on the history of Dora Moore ECE-8 School in Denver’s Capitol Hill neighborhood, check out DPS’s history page on this 130-year old school, as well as information on the construction and architecture of the building from The Masonry of Denver.

Colorado Further Extends Emergency Covid Collections Act

The Colorado legislature has extended emergency protections from certain collections actions for individuals impacted by COVID-19. These protections were originally enacted in June, 2020 via Senate Bill 20-211. The original bill had an expiration date of November 1, 2020, but also contained a built-in extension option through February 1, 2021. Following this initial extension, the Legislature has now further extended the protections through June 1, 2021.

The legislation places strict limits on “extraordinary collection actions,” including writs of garnishment and execution, against individuals who have been impacted by COVID-19, including a requirement that notices be issued before undertaking certain collections activities. The text of the new Senate Bill 21-002, which was signed into law by Governor Polis on January 21, 2021, may be viewed here.

As part of its efforts to assist its small business clients in litigation matters, Werge Law also practices in the area of complex collections, including execution upon judgments and defending against the same. This past August, Tom Werge presented a continuing legal education course which examined Colorado’s emergency COVID collections protections and discussed its impact from the perspective of debtors, creditors, and practitioners alike. For further information, check out Tom’s CLE, available on-demand via the Colorado Bar Association.

Werge Law Team Member Spotlights - Peggy Quines

Peggy Quines is the backbone of our team. She was the first team member to join Tom Werge when he launched his independent legal practice in September of 2015. In providing service to Werge Law’s clients, she is able to leverage her more than 25 years in working for lawyers and law firms of all sizes. Peggy keeps us on top of all our case deadlines, ensuring to keep our master calendar and detailed timeline for each of our cases. She is detail-oriented and makes sure all our court filings are accurately and timely filed. Peggy is always available to answer any question and is an indispensable asset to our team.

Peggy lives in the Congress Park neighborhood of Denver with her husband, architect Phil Macey, and her two fur babies, Jackson and Jitterbug the chocolate labs.

Get to know a little more about Peggy:

Q. What are some of your hobbies?

A. I am a skier which is very unlikely, being raised in San Diego, California.  I was introduced to it by an old boyfriend about 30 years ago.  The boyfriend is long gone, but I have retained my love for the slopes. So, when I had a chance to relocate to Denver, it was a no-brainer. 

Q. Where is the most interesting place you have ever been?

A. When I was 18, I joined the Army and was stationed in Europe, specifically Frankfurt, Germany.  I was able to travel through Europe for the two years while I was stationed there.  It was a great experience.

Q. What are some of your favorite movies?

A. Some of my favorite films are Orlando and Gigi because I am a sucker for musicals and I love the premise of the ugly duckling turning into the graceful swan. 

Q. What songs always get you out on the dance floor?

A. I am a product of the disco era. So, any 70’s disco music will get me going.  And of course, songs from Michael Jackson’s Thriller.

Q. Who is your favorite author?

A. I have two.  First, is Tom Robbins.  I love his humor and wit.  His books are quite fanciful in that the situations are somewhat farfetched … but are they?  He loves to poke his thumb in the eye of society and is quite the rebel using humor as his weapon.  One of the things I like most about his writing is the lists he incorporates into his work.  They are wonderfully lyrical and have a wonderful cadence to them which is priceless.

The second is John Irving.  Wonderful use of language, very eloquent.  His characters are troubled and flawed but somehow step up to critical moments in their journeys.  I like his understanding of human nature.  He is a wonderful storyteller of the human condition.  He finds grace and vulnerability in his characters at just the right moment.