Commercial Litigation

We have represented numerous businesses, financial institutions, banks and quasi-government lenders in many types of commercial litigation.

We have successfully represented a bank in a lender liability action arising out of its collection of several commercial loans.

We have successfully instituted and defended numerous commercial and consumer actions concerning:

  • Open accounts
  • Breach of contract
  • Promissory note actions
  • Proceedings against third party guarantors
  • Enforcement of rights in secured financing agreements
  • Problems relating to commercially reasonable disposition of collateral
  • Disputes related to sale of goods
  • Commercial paper and negotiable instrument disputes
  • Contract or fraud claims arising out of sale of business
  • Fraud and fraudulent conveyance actions
  • Deficiency balance claims
  • Other claims arising under the Uniform Commercial Code (UCC)
  • Replevin
  • Real estate foreclosure
  • Receiverships

Occasionally, circumstances warrant a prejudgment remedy known as attachment. This procedure is authorized by a specific rule of civil procedure and applies when a defendant is about to remove or transfer property to hinder or delay a creditor.

Under certain circumstances, a creditor may be able to attach and prevent the transfer of property while the merits of the case are heard. Replevin is one specific example of a prejudgment seizure of personal property.

Post judgment remedies generally involve seizure and sale of specific property. This is known as execution.

Douglas D. Koktavy, P.C. uses a wide range of remedies, including writs of garnishment on earnings (good for 180 days in Colorado), garnishment of bank accounts, garnishment of property in third party hands and remedies whereby the county sheriff sells seized assets on behalf of creditors.