Attempts made to garnish David Holland
November 6, 2009
Judgments against Crossways Corporation and its David Holland Resort Lodging have become routine in the Third District Court Small Claims Court.
As judges go down the docket, they check to make sure documents are in order before simply signing the judgment in favor of disgruntled condominium owners without requiring any explanation or testimony.
But the condo owners want more than a signed piece of paper; they want their share of rental profits David Holland Resort Lodging collected during the months of January, February and March.
The Park Record followed up with the first three owners to go through the court, Lisa Salsbury, Jon and Bette Scarlet, and Thomas Kestler.
Salisbury said she’s received no money or communication from Crossways or its attorney since the court date.
The Scarlets could not be reached on their home telephone number.
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Kestler is trying a proactive approach. He became aware of Crossways bank accounts with two Zions Bank locations in Summit County: Newpark and Snow Creek.
He got a Writ of Garnishment signed by a judge, and at least one of the two locations has been served by the county.
Kestler’s office confirmed that a Newpark branch employee accepted the paperwork on Oct. 16. She reported that the account holds $2,900 and would turn the money and paperwork over to her company’s legal department.
Kestler said he won’t know how much the other account contains until that writ is served, and as of Nov. 2 he believed it had not been.
The attorney for Crossways was contacted but declined to comment.
David Brickey, Summit County Attorney, said the case on whether anything illegal occurred is still in the investigative phase, and that the police have contracted with an expert to analyze the factual circumstances of the company’s business practices.
"That’s the nature of American business structures today. Most are very sophisticated, and employ a very sophisticated scenario of accounting practices," he said.
Brickey said that does not imply any criminal activity is suspected. He said that an expert was needed to analyze the documents to determine if "figures and numbers line up or not."
"We want to be thorough with what we’re doing," he said.