An attorney for Boulder law firm Dietze and Davis PC, which represents Wencel, did not respond to requests for comment. A message left on Fathym’s voice mail was not returned.
Fathym was founded in 2015. Its products include a modular app-development framework and a machine-learning weather-forecasting platform.
According to the complaint, Fathym signed a four-year lease to rent the 1,943-square-foot space in December 2018, with the lease expiring in February 2022. Fathym’s monthly rent was $8,289.75, which included both base rent and Fathym’s share of operating expenses.
After Fathym failed to pay rent in April, May, June or July, Wencel posted a compliance demand on the premises on July 2, according to the complaint. At the same time, Wencel determined that Fathym had abandoned the premises while leaving behind a “significant amount of the Defendant’s personal property … including but not limited to office furniture.”
In the complaint, Wencel sought damages of $33,159 in unpaid rent, plus interest and late fees; rent payments through February 2022; and repossession of the premises.
On July 24, a Boulder County District Court judge granted a default judgment in favor of Wencel and filed a writ of restitution with the Boulder County Sheriff’s Department to repossess the premises.
Fathym Inc. was included in a database listing recipients of Payroll Protection Program loans, with a loan between $150,000 and $350,000, according to the U.S. Small Business Administration.
Featured in BizWest – July 20,2020