freddiemac

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freddiemac last won the day on January 18 2012

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About freddiemac

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  1. After I filed my answer, the court gave plaintiff 30 days to assign our matter to a case manager and has failed to do so. can i file a request for default judgement? Also plaintiff has failed to respond to my counterclaims so can I file a request for default judgement for that as well?
  2. The Colorado Jury Instruction book is a great wealth of info! It is cut and dry as far as the elements you need for various issues. From what I have found you have to buy it- i got an old copy off ofamazon for $24 Here is a free downloadable one for the State of California- http://www.juryinstructions.ca8.uscourts.gov/civil_manual_2012.pdf
  3. Plaintiff: collection angency v. Case # Defendant(s): me and him Answer to Complaint, Defenses and Counterclaims , Defendant(s), deposes and says that the following statement is true and correct to the best of my knowledge and belief: In response to paragraph 1 and 4 of the complaint, Admit In response to paragraph 2 Defendant(s) Admit Defendant has demanded a Jury Trial and the Jury fee has been paid to the court. Factual allegations: In response to Paragraph 3 of the complaint, Defendants do not have knowledge or information sufficient to form a belief as to the truth of these allegations and, on that basis, denies each and every allegation contained therein. REPEAT In response to paragraph 5 of the complaint, denies each and every allegation contained therein. Furthermore, Plaintiff has failed to provide proof of the purported assignment. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the defendant. Defendant or defendants is/are not responsible for the assumed “zombie debts” of another. Defendant is not responsible for the purported debts or assumed debts of a spouse as this is not a community property state. Defendants deny the claim for attorney fees As for the first defense Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant and or defendants for which relief can be granted. As for the second defense Fraud in the inducement As for the third defense Statute of limitations is three years. C.R.S. 13-80-101- The accounts listed on Plaintiff's itemization of accounts in exhibit “a” fall outside of the statute of limitations also see Portercare Adventist Health System v. Lego . In order to collect from both defendants in this matter, Plaintiff must produce a signed contract for each defendant listed on the complaint. As for the forth defense Defendant claims Failure of Consideration, as there has never been any exchange of money or item of value between the plaintiff and the defendant or defendants. As for the fifth defense Defendant or defendants claims lack of privity as the defendant has never entered into any contractual or debtor/ creditor arrangement with the plaintiff. As for the sixth defense Plaintiff's complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration. As for the seventh defense Debts incurred or assumed by a spouse are not transferable as Colorado is not a community property state. As for the eighth defense Colorado has no necessities doctrine-debt purportedly owed by one me was never co-signed or guaranteed by one him therefore noncollectable by the same him. For over three years in some cases over four, the purported debts have been sought by one me- exclusively and not her spouse him. In fact, Collection Agency has never tried to contact him either by mail or phone for the debts purportedly owed by his wife. As for the ninth defense Defendant invokes the Doctrine of Unclean hands as the defendant alleges that the plaintiff or the person or entity that assigned the alleged claim to plaintiff acted in a dishonest or fraudulent manner with respect to the dispute at issue in this case. As for the tenth defense Estoppel to Claim Damages For Breach Of Contract. As for the eleventh defense Accord and Satisfaction As for the twelfth defense Plaintiff has no Fiduciary Duty. As for the thirteenth defense Defendant invokes the Doctrine of Laches as the Plaintiff or the person or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit, making it difficult or impossible for defendant to find witnesses or evidence necessary to provide for Defendant's defense has been lost or destroyed. As for the fourteenth defense Plaintiff's alleged damages are the result of acts or omissions committed by the Plaintiff. As for the fifteenth defense Defendant alleges that Plaintiff's complaint, and each cause for action therein is barred by the Doctrine of Estoppel, specifically Estoppel in Pias. As for the sixteenth defense-Account and Satisfaction Account numbers were exhibits for repayment sought in a previous lawsuit and plaintiff is barred from subsequent lawsuits in regards to these debts. See collection v.s me As for the seventeenth defense Defendant invokes the doctrines of Scienti et volenti non fit injuria (a person who knowingly consents to legal wrong has no legal right) and Damnum absque injuria (harm without injury) As for the eighteenth defense Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in unjust enrichment, as the Plaintiff would receive more money than Plaintiff is entitled to receive. As for the nineteenth defense Plaintiff's alleged damages are limited to real or actual damages only. As for the twentieth defense Defendant(s) reserves the right to amend and or add additional answers, defenses and or counterclaims at a later date. As for the twenty-first defense Lack of standing- Plaintiff has failed to provide evidence of any responsibility to pay on the part of defendant or defendants. As for a twenty-second defense Defendant hereby gives notice that it intends to rely on any information affirmative defenses that become available or apparent through discovery and/or the factual development in this case or otherwise, and thus reserves the right to amend its answer to assert such additional defenses. Counterclaim First cause of action Fair debt collection practices act violation(s) 12-14-109(1)(a)Plaintiff never sent a demand letter to defendant hubby stating that he owed any of the amounts sought prior to the commencement of this action. 12-14-107(1)(k)-The use of false or deceptive means, 12-14-108 Unfair Practices, and 12-14-107(1)( (I) Implying the legal status is collectable on one or more of the purported debts listed on the itemization of accounts Second cause for action Civil conspiracy As for the third cause for action Fraud-False Representation/nondisclosure As for the fourth cause for action Negligence as one or more attorney's at Collection Agency performed an act or acts toward hubby that reasonably careful attorney's would not do Wherefore, defendant prays for the following relief That Plaintiff takes nothing by way of the complaint Reasonable attorney fees in accordance with 12-14-113(1)© That this action be dismissed in its entirety and with prejudice Statutory damages in the amount of $1000 For each violation Actual damages in an amount determined by judge or jury Punitive damages Costs Further sayeth naught _________________ _________________
  4. Thanks! Seadragon if it wasn't for YOU.......I would be in this forum- kicking rocks! I didn't end up appealing the trial. However the Court is supposed to be deciding on the attorney fees and I think I have a heck of an argument for an appeal when the dud decision is rendered. what do you think? In better news..... my recusal was GRANTED! Well it wasn't really a recusal per say, I filed my most recient answer to the summons and complaint (same retarded collection agency is the plaintiff and same birth) into district court by claiming jurisdictional limits on my counterclaims. Do you know how long they have to respond to my counterclaims? The district court has put out an order that msj's must be made within 30 days of the issue I'll add my answer to the latest complaint
  5. Totally awesome thankyou! They missed the statute of limitations because they were suing me and they didn't want to get bumped to district court. My state has no necessities doctrine.
  6. We are talking about a live birth, however were talking about care I recieved while I was pregnant. We are also talking about a very crooked collection agency and a crooked hospital billing department. I need some defenses. These guys are outside the statute of limitations. Ps if this is what u say, then why didn't these guys sue my husband to begin with? they new he was the only one with a job. I am the only person who has ever brought them to task. I objected to the last complaint based upon improper service and a dud notary. While the court begged plaintiff for a response and tossed out my issues, this collection agency drastically changed their practices. So my fight is not totally in vain....that and the jury found that I owe less than half of what they claimed. nice little bonus. pps if my husband wraps a chair around my head then he would be liable under Colorado's victim compensation fund and restitution so I have nothing to worry about Although around these parts we call it recreational wife beating-my entire time around here I can only remember 2 girls that I helped get out of their relationships. One left with safe-house and we could not find her for trial and the other stayed in town but got a permanent restraining order and the dude left. All the other women were angry when you arrested their non-replacable half-rate dudes. Sometimes you had to worry more about the women themselves trying to wrap your head in a chair. So my defenses are statute of limitations and they have never tried to contact or collect money from my husband. They already sued me for some of the debts listed on the complaint. Also our court procedure says that the summons and complaint has to be notarized or it is nul and void and this is not signed or notarized. The court overlooked this issue last time
  7. This is not a community property state so those rules do not apply. These guys sued us under a very vague statute. I only brought up the baby as a fetus because they named my husband as responsible to pay for my care that I had while I was pregnant. How did the last case turn out- I didn't say? It went great! I thought anyway. It was my first pro se jury trial. I posted on this forum during it. come to think of it- the only trial I have ever been too. yeah looking back I should have at least found a trial to sit in on. But then I might have had cold feet. You know they say in Aikido that a white belt can be more deadly than a black belt cuz a white belt doesn't know what they are doing. That's me! I got the jury to knock off over half of what I owed by showing up in my humility sweater and asking questions when I did know what everyone was talking about.
  8. Ps plaintiff did submit a fee request for just over 14 grand. Some of my arguments for why they should not get it were: Colorado follows what is commonly referred to as the American rule, which provides that in the case of a breach of contract lawsuit, attorney fees are not recoverable. See Agritrack Inc v Dejohn Housemoving Inc. 25P2d1187 (colo. 2001) This case is no different. According to testimony this Court heard by Hospital representative at trial, collection agency is not entitled to collect attorney fees. The wording in the contract signed by defendant did not allow room for assignment of future attorney fees. The wording was for attorney fees incurred by the hospital. The contract states “I agree to pay this charge and (illegible) other costs incurred by the hospital for collection of any sums due on my account...” In order to award attorney fees to plaintiff, plaintiff would have to drastically change the wording of the contract that defendant signed. Furthermore the attorney fee clause was not assigned to plaintiff. This was testified to during trial. During the break, Attorney for Plaintiff told "freakyboy" he was not going to cross examine him because he wanted to drop this issue. If Plaintiff was to attempt to extend benefits via the back door then why did attorney for plaintiff not question "dude" extensively at trial regarding this issue. Attorney for Plaintiff wanted to drop this issue. It was his choice. Defendant respectfully asks this Court do the same. Also, prior to trial defendant attempted to understand the scope of the agreement between hospital and Collection Agency. Plaintiff cited attorney client privileged information and refused to provide it. Defendant also tried to compel this information however this court found that all plaintiff needed to provide was the assignment. I think that everyone can agree that the assignment is very vague and did not allow for assignment of attorney fees or a blanket “Attorney fees ongoing and for all” subsection. Plaintiff is not entitled to higher interest rate than the statutory interest rate of 8 percent. The fact that collection agency has asked this Court many times for the statutory rate bars them from now seeking higher interest rates. Pumping units v emerald gas operating co.,936 P.2d 627 (colo. App. 1997) even though the parties course of dealing included preprinted invoices which contained a clause that 18 percent interest would be charged on late payments the fact that the contractor had not previously charged the subcontractor 18 percent interest on previous late payments was fatal to the contractor's claim. Also the contract defendant signed was in print too small to be enforceable and therefore should not be considered. Surplus Electronics Corp. v. Gallin. 653 P.2d 752 (colo. App. 1982) the Court of Appeals held that the attorney fee provision on an invoice was in print too fine to be considered a term upon which the parties agreed. The fact that defendant obtained a better result at trial bars plaintiff from recovering attorney fees. Defendant attempted to settle with plaintiff prior to trial however plaintiff refused to settle for any amount under the full amount.
  9. So I have had this attorney fees hearing continued for months now. Each hearing the plaintiff doesn't show and it gets continued. Is there something I can say to object to the continuance of this attorney fee's hearing? along the lines of a sj (in my favor) for noshow? Each date the Judge goes through the bs of "well I don't know that plaintiff new of this hearing so I'll continue it a couple more weeks" I have proof that this court sent out notices prior to the last hearing but it didn't do any good
  10. Is this a jury trial? if so I would say that the jury determines credibility and due to the nature of these lies.....the jury needs to see the witness! If the court allows the witness to testify by telephone i would put the phone on the witness stand and cry foul. Did you get a continuance?
  11. Husband has been sued for my medical debt The same collection agency that I had a jury trial with a few months ago has just sued me and my husband over my hospital stay for a pre-birth pregnancy complication as well as the birth of my son (different dates). I need help with the answer please. I signed the commitment to pay for the hospital bills and my husband did not sign any document. The complaint states that the accounts were expenses of the family for which husband and wife are liable. The complaint it self is very short. Basically it states the addy is my house, defendants r not in the military, the amount claimed is 2 grand along with interest and atty fees etc., venue is proper, and this claim arises from the following events for the debts listed on the itemization of accounts which is attached hereto as exhibit a and incorporated herein. The accounts listed on the itemization of accounts have been assigned to plaintiff. Defendants have failed to pay for the same and continue to fail to pay for the same. The debts listed on the itemization of accounts were expenses of the family for which husband and wife are liable pursuant to crs section 14-6-110, plaintiff does not demand a jury trial but I do! I thought that I could cite Colorado law that states a fetus is not a person (I absolutely don't agree with this but the law is the law and you can't have it both ways) Also by naming him in the collection of this debt can I/he counter-sue for the fair debt collection practices act violation or failing to establish this as a family expense. Case law states ''Goods sold to the husband on the sole credit of a third person are not a charge upon the family, though consumed in the family. Parker v. Joslin Dry Goods''or '' Where a counterclaim on the note as a holder in due course was limited by the provisions thereof, it could not be asserted as a claim against the husband as a family expense as there was no evidence in the record showing that the husband legally assumed or agreed to pay the indebtedness, and he could not be held liable. Nitzel v. Colo. Indus. Bank'' As I read the appeals it looks as though this statute is used in the cases of death and divorce and not in the collection of unpaid medical bills. Am I way off base? We are both listed as defendants so do we file a separate answer? His answer is going to be counter claimed and statute of limitations and mine is going to be the statute of limitations as well as a general denial..........I haven't seen the accounts that they state yet. I am in the process of getting the transcript from the jury trial because in the closing statement by plaintiff they told the jury that the amount the jury was deciding on was the full amount for the birth of my son. Now they are suing me for other expenses related to his birth (they had to split the amount they sued for because it exceeded the county court jurisdictional limit). Thanks for any help!
  12. he ordered a max of 20 interrogatories and/or requests for documents
  13. The court ordered them to comply with discovery prior to trial. I made a big deal of how badly I needed discovery so that I could properly defend myself. They granted 20 interrogatories.............Would I still have needed a Motion to compel prior to trial?