July 23, 2019

Colorado Court of Appeals: State Entitled to Attorney Fees for Successful Subpoena Enforcement Action

The Colorado Court of Appeals issued its opinion in State of Colorado v. Vaden Law Firm, LLC on Thursday, May 21, 2015.

Investigative Subpoena—Colorado Consumer Protection Act—Attorney Fees.

The State of Colorado served an investigative subpoena on respondent Vaden Law Firm LLC (Vaden) pursuant to CRS § 6-1-108(1) of the Colorado Consumer Protection Act. The State sought records pertaining to costs Vaden had tried to recover on behalf of lenders in foreclosure actions. Vaden refused to produce any records. The State filed an application to enforce the Vaden subpoena in Denver District Court pursuant to CRS § 6-1-109. The court ordered Vaden to produce the requested records but denied the State’s request for attorney fees.

On appeal, the State contended that the district court’s denial of attorney fees was contrary to the plain language of CRS § 6-1-113(4). Subsection 113(4) requires an award of attorney fees and costs in all actions in which the Attorney General “successfully enforces this article.” This includes an award of attorney fees and costs in favor of the State when the State successfully enforces an investigative subpoena pursuant to the procedure dictated by CRS § 6-1-109. Accordingly, the district court’s order was vacated and the case was remanded for a determination of the State’s reasonable attorney fees and costs to be awarded against Vaden.

Summary and full case available here, courtesy of The Colorado Lawyer.

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