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About kab

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  1. I don't even have the agreement yet. We haven't made it to pre-trial conference let alone discovery. Do checking accounts normally have that? They're alleging a debt on a Wells Fargo checking account from 2009 and I've been trying to find an agreement for that online.
  2. The court is forcing us to go to mediation before moving on to the trial. I've spoken to the mediator who is a former collections attorney. I'm wondering if you have any advice on handling mediation? There doesn't seem to be much mention of it here.
  3. Went to court. Clerk asked me to sign in at the courtroom window. A lawyer, one not listed on the summons or complaint, representing the plaintiff met with me. Asked what the "battle" was and when I pointed out he had no evidence he essentially repeated what was on the complaint, only now he claims it's $748. When I pointed out he hadn't provided any information on the calculations he again basically just repeated what was in the complaint and claimed it was for "interest, fees, court costs and attorneys fees". He offered to settle for $500, I said no, filed my answer, gave him a copy and got a packet from the court basically telling me that the next step is a pre-trial conference and disclosure must be done there.
  4. I found this in some instructions on the court website.
  5. Paraphrasing the clerk, or deputy clerk I believe it was, "you'll meet with the atty and maybe you won't have to even go in (or file, I don't remember the exact word)".
  6. This is what is listed on the docket. 12/05/2011 09:30:00 AM County Court Return Date on Summons
  7. The summons had no case number. I called the court clerk [to ask for a case number] and, eventually, they filed a complaint. The clerk instructed me to bring the answer to the courthouse 12/5 at 9:30 AM for a meeting with the attorney. I'm assuming it's some sort of "plz to be settling" meeting but I'm not really sure what to expect.
  8. Then there's no way I have a clear enough understanding of any of them to argue them effectively, especially not with court being tomorrow. So do you think it's enough to simply deny? Do I need to do something special to force them to prove it, or am I doing that by denying in the first place.
  9. If you'd like to see the summons or form I'm talking about please PM me, I don't have enough posts to submit links. I'm in court tomorrow and I'm trying to fill out an answer to a summons. First, it seems like I have to use this form for a "Answer Under Simplified Civil Procedure" that I found on the court site. It starts with this: That doesn't seem to jive with what I've read on this site about answering. Second, I'm a little overwhelmed by the legalese to use and which affirmative defenses apply. The Plaintiff claims to be the "assignee" but provides no evidence of assignment. The plaintiff also did not provide any evidence that the bank account is mine, or that I signed any agreement, or any evidence of the amount or the calculations they used. I'm not quite sure how to put what I just said into writing that will fit on that form or into something the court will accept. Here's my attempt: 1. ADMIT. 2. ADMIT. 3. ADMIT in part, Defendant had a bank account with Wells Fargo. DENY in part, Defendant lacks knowledge or information sufficient to form a belief as to the truth of remaining claims. 4. ADMIT. As far as affirmative defenses I'm wondering if some of these are valid: This appears to me to be a money shot... they claim to be the assignee but where's the evidence? Does "Plaintiff is assignee" qualify as "allege a valid assignment"? I'm not sure what this means... Also not sure when/how this can be used. Any help is appreciated.
  10. The Wire Boardwalk Empire The Walking Dead Game of Thrones Six Feet Under Sons of Anarchy I just realized all but one of those is an HBO series.
  11. kab

    what about beer?

    I actually don't like hops. I do like a Belgian White though, such as Blue Moon. There's a lot of good microbreweries here in Colorado.
  12. If you like dessert wines then try Rosa Regale. One of the sweetest wines in the world, it's our favorite. Only about $25 a bottle too so not expensive at all. Goes well with dark chocolate.
  13. By the way, is there some way to basically offer to settle because it's not worth my time without admitting anything or otherwise hampering my case? I'd rather not have to go through the trouble, I'm only doing it out of principle. If I could get it down to $200 or less I would let it go. Otherwise... screw 'em.