I have been asked questions by a local installer who is helping people out who have lost out in this mess so I might as well post some of what I have passed along to him (=free legal advice). For those of you who have paid up front in full or in part, and have your materials sitting in a Rock Tops warehouse you may have a claim against Rock Tops to get your materials (outside of bankruptcy). It is called a "claim and delivery" action and should be filed immediately. The uniform commercial code provides a foundation for such a claim under sections 440.2401,440.2501 and 440.2503 (Michigan's version of the UCC). Note, the goods must be identifiable to the contract (e.G. Marked for customer "John Doe"). Let me know if you would like to retain us to try to get your materials before they get "lost" or misappropriated in a bankruptcy. We do 1/2 hour free consultations.
For those of you who are "out" less than $3000 with identifiable goods sitting at Rock Tops for which you have paid in full or in part, you should file a claim in small claims court (which has a jurisdictional ceiling of $3000 and does not allow attorneys to be involved). You should also file ASAP.
For those employees who have not been paid wages, you might file a claim with the labor department.
(no attorney-client relationship begins until a retainer agreement is signed and retainer fee paid).
Addendum:
Please contact me directly by phone so we can get more information and start a file for each of you who are interested in a lawsuit. As I mentioned before, if you have paid and there are materials that have been made for you we need to file a claim and delivery action immediately. If that is not your situation, you will probably be relegated to trying to collect through the bankruptcy courts, once Rock Tops files. As relatively similarly-situated customers, you will likely all be put in one class of claimants which I would argue should receive some preferential treatment. It is easier and more cost-effective for members of a class of bankruptcy creditors to be represented by one attorney who is familiar with the facts and scenario. Hopefully we can get a lot of people involved to keep the costs down. Note - If you are in another state, you can sue there or in Michigan on a claim and delivery action.
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