2fightback

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About 2fightback

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    CO
  1. Would love to, but I handed everything over to my attorney and no longer have access to it. I have seen where others were able to download them off of the internet. Just keep in mind that they constantly send out addemdums, etc.
  2. I went to the court house and had them copy all items in the case file. Despite my answer and motion to dismiss that I filed which clearly challenged the validity of service, the Plaintiff filed a motion for default judgment. I never received a copy of this, or ANY thing else. The process server clearly lied and stated that "I saw debtor in her house walking around; she refused to open the door. I then called the debtor's home telephone and could hear it ring outisde. The debtor answered and when I told her I was outside, she hung up on me. I called back and left a message and told her
  3. Hi all: I posted a few weeks back about a scumbag attorney who hired a process server from 200 miles who lied and said I was at home and refused service, so she left the summons on my front porch. Of course I filed an answer on time and listed as one of my defenses the improper service. I thought everything would reset, as in they would have to have me re-served properly, they would obtain a new court date, etc. I was wrong.....they went through the whole thing without ever sending me copies of any motions, orders, affidavits, etc. A few weeks ago, I learned of a default judgment. I was ju
  4. Now wait a minute, now that I look at the dates, they're claiming that they filed the summons/complaint on the same day that I was served? I know for a fact they did the bogus service on a Sunday, not a Tuesday. Looking at the court's online record further, the dates I posted earlier were under a section titled "Proceedings". I see now that they have listed the below two other dates under a different section titled "Scheduled Events": 01/27/09: Return date on summons - status: party failed to appear 02/24/09: Case review - status: vacated What does all this mean now? Am I totally screwed an
  5. Ok, well that explains why the attorney was able to proceed and got the Judge to issue the default judgment. BUT.....if I wasn't served properly in the first place (as in not at all and I can prove that beyond a reasonable doubt), what, if anything, can I do now
  6. Yes. The summons clearly states that the defendant should file the answer on OR BEFORE the appearance date, which I did. I then thought that the court via the plaintiff would need to set the matter for a pre-trial conference, etc. Did I miss something here? I've been through a few of these in recent years and to the best of my knowledge, I only appeared in person once on the date listed on the summons, but filed my answers before-hand and waited for the next step on another couple of cases. Our court here operates under the simplified rules as a side note. Thanks.
  7. To clarify, I did not appear before a Judge. I filed my answer by the due date, and made sure I proved that I was improperly served. This same thing happened to me once before a couple years ago and the Judge made the plaintiff start all over. I assumed that the same thing would need to happen again. I was obviously wrong I did also include in my answer the usual defenses, etc. I printed out the case history from the court's website and here's exactly the time line that is shown: 12/16/08: summons & complaint filed 12/16/08: return of service 01/23/09: answer filed - defendant 01/30
  8. Hi all: It's been a few months, but I'm back with a new case. Last December I returned home from my usual weekend business trip only to find a summons tucked under my front door mat. The process server had left a voice mail message on my home phone (I believe I have it saved still) that said she saw me looking through the window and that since I refused service, she was able to leave it on my doorstep. After checking over the summons, I realized she was from the Denver area (180 miles away), it was snowing profusely that weekend, and obviously she didn't want to spend the night and try to c
  9. skywench: Find the paragraph where it says something to the effect of "we may sell, transfer, assign.....". My card holder agreement with US Bank stated "this agreement will be in full force and effect until, and if, amended..." Yours may state something similar. You can possibly use that in your defense down the road if you need it.
  10. The Plaintiff's attorney forgot to submit a motion to appear by phone, so despite the unavoidable scheduling conflict she cited in her denied motion to continue the trial a couple weeks ago, she had no choice but to appear. She came. We went through the whole process, I objected to each and every document introduced by the Plaintiff. The Judge allowed EVERYTHING they submitted, except for the two bills of sale that conflicted with one another (one was so blatantly a forgery that he had no choice). Things were looking great at that point since their chain of title was broken. Plaintiff only
  11. Colorado appeals court rules in a recent case that: "Since contracts in violation of a statute are void, any issues arising under such contract are not arbitrable". If I can show the court that the credit card agreement is in violation of any state statute, I should be guaranteed a dismissal. Any thoughts on a possible statute that I could use here? With the whole forgery deal, I believe the Plaintiff is violating CO C.R.S. 5-5-109, where it says "With respect to a consumer credit transaction, if the court as a matter of law finds that a person has engaged in, is engaging in, or is likel
  12. Yep, there sure is: CRS 5-5-110. Notice of right to cure (1) With respect to a consumer credit transaction, after a consumer has been in default for ten days for failure to make a required payment and has not voluntarily surrendered possession of goods or the mobile home that are collateral, a creditor may give the consumer the notice described in this section. A creditor gives notice to the consumer pursuant to this section when the creditor delivers the notice to the consumer or mails the notice to the consumer at the consumer's residence, as defined in CRS 5-1-201(6). (2) E
  13. The problem with that is we are under simplified procedures and I believe the Judge would just strike down the motion to continue, especially since I fought the plaintiff on their motion to continue. I think I would be better off waiting until the Plaintiff introduces the card holder agreement into evidence and then bring up the arbitration election. However, I don't want the card holder agreement being allowed into evidence, right? But if the Judge overruled my objections to it being admitted, then I could cite the arbitration election, or is there a better way to go about it? As for the
  14. Merrybucks: I did consider calling the guy with the two signatures as a witness, but I cannot locate him. trueq: If I only had more time, I would be up for the fight, but as I said, I'm leaving town in a few hours and won't be back until very late Sunday night, which only gives me Monday and some of Tuesday to work on this whole mess. Another consideration is that I'm right in the middle of buying a house. The lender knows about the pending litigation and said it was no big deal. However, if I lose, then I will no doubt end up with the judgment listed on my credit report, which could ca
  15. Yes, they are listing as witnesses: 1) a rep from their own company (JDB is represented by in-house counsel), 2) a rep from their sister company (JDB #2 in chain of title), and 3) a rep for OC. Attorney has motioned for all witnesses to appear by phone, which Judge pretty much said he would grant during our last hearing when the attorney verbally brought it up. He went on this long explanation about how in the end he is looking out for my own good, as he wouldn't want me stuck with the added expense of flying these clowns into town. So, I understand about witnesses #1 & #2 not being able