IN THE DISTRICT COURT OF IOWA, IN AND FOR JEFFERSON COUNTY
Small Claims Division

A hearing was held on Oct 12th, 2010.  The plaintiff appeared in person pro se.  The defendant, likewise, appeared in person pro se.  The case involves the refund of monies paid as a deposit for excavation work which was not completed.

The Court finds, at the time of the estimate and payment of the down payment, that Plum Grove LLC was a valid company and had not been administratively dissolved.  The Court further finds that the existence of the LLC is not determinative of the issue of liability in this case. Thomas Prior, a local concrete contractor, testified that all excavation work done with Millard Elston was with the defendant personally.  He referred the defendant to Frederick Shaddock.  the defendant testified that he was not a part of Plum Grove LLC which was owned by his wife.  At no time during the inspection and estimate of the project did the defendant indicate that he was an employer or that this work was to be done by a corporation or LLC.  The only indication of LLC involvement was when the defendant requested that the down payment be made payable to Plum Grove LLC.  If the defendant wishes to hide behind a corporate shield he must establish adequate notice to the plaintiff that the LLC was the contracting entity.  He failed to do so.

The defendant admitted that a refund was due but requested $300 for work done.

The Court notes that the plaintiff was the reason for the delay in completing the project.  The Court allows $200 for compensation to the defendant, and a credit for $100 repaid.

Judgment against the defendant Millard Elston III in the amount of $2200.00 with interest at 2.26% from Nov 2, 2010, plus court cost of $101.50.  The defendant has seasonable employment therefore: it is further ordered that he foregoing judgment be paid at $100 per month beginning November 15, 2010, and on the 15th of each month through April 15t.  Beginning May 15th payments shall be $200 per month until paid in full.

SO ORDERED this 2th day of November  2010.

Benny B. Waggoner
Magistrate

To the Clerk of Court for Jefferson County: Please issue a will of General Execution to the Sheriff of Jefferson County, Iowa against (list name(s) of judgment debtor(s)) Millard "Mickey" Elston  $2200 plus interest at 2.6% per year for the balance owing on the judgment in this matter.

I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct.

Check 1016

Write Webmaster@MickeyElston.com for details on where to garnish.

However Mickey already closed his Plum Grove account and opened a different one, with one of his many LLCs.

IN THE DISTRICT COURT OF IOWA FOR JEFFERSON COUNTY
(Small Claims Division)

I HEREBY request the Court grant Dismissal of this case on the premise that;

1.) The Plaintiff has named the wrong party as the Defendant in this matter.

2.) That this matter pertains to business agreements between the Plaintiff and Plum Grove L.L.C.

3.) That this matter does not pertain to me personally.

____________________
Defendant, Mickey Elston
Date 9-20-10

7-5-10

RECEIVED 2,500oo toward BID
of 5,000oo

Bid includes labor/material/equip.
to excavate and back fill 30' tunnel
at 806 North 4th St.

Plum Grove LLC

(Mickey's signature)