A Northern Colorado welding business is trying to pay a subcontractor $23,500 debt in quarters, dimes, nickels and pennies that weighed more than three tons, according to the plaintiffs in the case, who call the move “malicious” and “a major F-U.”
Danielle Beem, an attorney who represents the plaintiffs in the case, Fired Up Fabrication LLC, called the 6,500 pound coin delivery “a symbolic middle finger.”
“I think the thought was my clients would have to accept it and it’s a giant waste of time and a major F-U,” Beem said.
According to court documents in the case, JMF Enterprises hired Fired Up Fabrication as a subcontractor to do welding work on an apartment building. Fired Up Fabrication later filed a civil lawsuit against JMF saying it was not paid in full.
CBS
In July, the two sides went to mediation, and JMF agreed to pay the subcontractor $23,500 to settle the financial dispute.
The settlement agreement did not specify how the settlement amount should be paid.
But six weeks ago, Beem said she got a call from the driver of a flatbed truck who said he was parked near her office and was delivering the settlement. It turned out the driver was attempting to deliver a 2x3x4 box, filled with coins and weighing more than 6,500 pounds. The driver told Beem “it was full of a mix of loose coins.” Beem said JMF’s lawyer assured her the three-ton delivery contained $23,500 in coins and “it required a forklift to move.”
Beem said she couldn’t accept the coins as the freight elevator in her century-old downtown Denver office building couldn’t carry more than 3,000 pounds.
“Even if I wanted to take this box of coins, I had no way of doing so,” Beem told CBS News Colorado.
CBS
She called the coin stunt “petty” and a “waste of time.”
CBS News Colorado contacted Giovanni Camacho, the attorney representing JMF but he did not offer any comment.
“It’s funny,” said Beem. “As long as it’s not happening to you.”
In court pleadings, JMF’s attorney wrote, “the coins, being current coin of the realm, constituted a tender of the settlement funds, and therefore, JMF has complied with the terms of the agreement. The settlement agreement did not outline any specific form for the payment.”
Camacho went on to write, “JMF has no intention to harass Plaintiff, waste time, or frustrate the settlement.”
JMF asked a judge to force the plaintiffs to accept the coins.
A Larimer County judge is considering the request but Beem says the stunt will likely backfire on JMF.
UPDATE: Colorado judge says company acted “maliciously and in bad faith” in coin stunt
She said at a court hearing last week, the judge “thought it was malicious.” She said she anticipates the judge will order JMF to deliver a standard form of payment like a check and may order the company to pay an additional $7,000 in attorneys fees.
“It’s petty and a grand waste of time,” said Beem.
