You may be shocked to learn that here in America someone so easily could be denied the keys to his property.
My business of 16 years has been destroyed. I am unable to get the key to enter my own building. The court-appointed receiver is confiscating all the income from my real estate and using it, I know not how. In three years, he has not given an accounting of moneys collected, dispersed, or spent. The judge refuses to set any date for the dismissal of the receiver, and I am not even allowed to appeal any of these miscarriages of justice.
The hopeful news is that Colorado State Sen. Laura Woods, along with nine other legislators, has introduced Senate Bill 181, which would reform the state’s existing receivership law and give the people more rights when under a receivership.
Sixteen years ago, my brother, Leonard, and I, later joined by a relative, Dmitry, opened a small business in a building on 15th Street in Denver. I had formed a joint venture with an adjacent business with respect to ownership of said building. Thus, Leonard, Dmitry and I owned half.
Three years later, a disagreement arose between Dmitry, Leonard and me. Leonard and I won the case in court, but Dmitry insisted on a receiver to resolve another problem.
The receiver has since greatly expanded his duties.
First, he took complete control of my corporate bank account but. Secondly, he has withheld my half of the income from the building, $2000/month, which is rent paid for an outside building wall lease.
Most importantly, he has ignored our numerous requests for an accounting of all monies collected and spent including his fees.
Finally, the original issues for which the receiver was appointed were resolved, but he claims he should stay, settle other issues and continue paying himself from my account. He will not disclose when he is leaving. We have petitioned the judge regarding these issues, but he continues deferring to the receiver.
Another victim of Colorado’s receivership law recently contacted Senator Woods. His case appears to be the mirror image of mine, a “brick wall” and the loss of tens of millions of dollars.
I wonder how many others have experienced this yoke of judicial injustice.
SB 181 would do the following:
– Make all district judge decisions appealable to the Colorado Court of Appeals
– Demand regular accountability for all the funds collected, spent or dispersed
– Require the district judge to periodically ascertain that compelling reasons exist for the receiver to remain in place
– Prohibit the district judge from granting the receiver blanket immunity
The bill has its first hearing Wednesday, April 8th in the Senate Judiciary Committee. Perhaps this new legislation will spare other Coloradans similar misery.
Greg Golyansky is a small business owner in Colorado. He can be reached at firstname.lastname@example.org.