InTheDark

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About InTheDark

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    Colorado
  1. I am aware that all State's have different rules and, of course, judges. So far this judge already denied their motion on the pleadings. I am hoping for the best and preparing for the worst.
  2. I am aware that all State's have different rules and, of course, judges. So far this judge already denied their motion on the pleadings. I am hoping for the best and preparing for the worst.
  3. Thank you! I filed my objection to their motion. I have been studying and researching the rules of the county court, rules of evidence and this board. I know I will have more questions as this moves forward. I'm sure the attorney won't be happy about my objection.
  4. Yes, they did mention this name along with a few others, just in case she wasn't available. It also stated that all Citi witnesses should be contacted through the attys office. It also states that the telephone testimony will not prejudice the defendant as all documents at issue have been disclosed to the defendant. How many witnesses can they use, and how many would actually have personal knowledge of the alleged account?
  5. When this case was originally filed with the Arap. Cty court (simplified civil procedure), an affidavit from Citibank was attached which references an Exhibit A. Exhibit A was not attached or filed with the court. I never received the affidavit until I asked that the court mail it to me. I now have evidence that this affidavit was robo-signed and the notary signature is forged. Citi now wants to call Dorothy Ruitz via telephone at trial to testify. My question, does this original affidavit now have any bearing if D. Ruitz testifies? Any thoughts? In the meantime, I have evidence that the Affidavit originally filed was robo-signed and notary signature forged.
  6. Thank you for your help, it worked. I submitted my amended answer. In the meantime, atty filed a Motion for Judgment on the Pleadings. I was going to respond, but Judge quickly denied the motion. Now the atty sent me a Notice to Set Trial. I would like to file a motion to dismiss because the affidavit they filed with the complaint (which was never attached to my copy) did not have an Exhibit A attached to it (called the court verifying this). Any thoughts would be appreciated.
  7. There is no default judgment against me. Thank you. I will do this asap, even though it is way past the 14 days.
  8. My concern is that the judge is not aware that I was not informed by the court or the plaintiff's atty. How do I make sure that this is conveyed to the judge?
  9. I found out about the judge's order after the 14 days expired. Contacted the Court and they said they did not have my address on file. I asked them why they did not have it since this has been going on for 3 years. They then input my address. I expressed my concern that I am at a disadvantage. No notice given to me per Rule 341((2) from the court or plaintiff's atty. No notice of the judge's notice to amend my answer from the court or the plaintiff's atty. I was not served 3 years ago and had the default judgment set aside in 2013. I was then served after that hearing at court. My answer was defendant could neither admit nor deny due to lack of information from plaintiff.
  10. What should I include when I file a Motion to Dismiss for Lack of Prosecution? The judge notified Citibank's atty. that the case would be dismissed if they could not show cause why it should not be dismissed. Per the county court rule 341(b)2, I should have received a notice as well, but the court said they did not have my address. This is strange because the case originated 3 years ago. The only way I found out about this was when I received a copy of a Motion for Default Judgment (this was Citibank's response to the judge's request). I gave the court my address. I also missed another action by the court that granted me 14 days to amend my answer (court said the attorney should have sent that to me, which he didn't). I did file a response to Citibank's motion why it should be dismissed. I think I should file my own Motion to Dismiss, or? Any help is greatly appreciated.
  11. I agree, they probably do not have a good case. I also received their coupon book along with a court settlement stipulation that they wanted me to sign (which I never did). I called an attorney regarding discovery, and according to Rule 316, County Court Rules, Chapter 25, if either party brings evidence, or whitnesses, etc., they must provide a Form 9. This works both ways. I elected to wait and see if the atty. would send me this form prior to the 'trial date', which he did not. When I arrived on the trial date, I was told that I needed to talk to the attorney first, because the judge wanted it that way (I never saw or spoke to the judge). The rest is history (see my posts InTheDark). I just had my case dismissed (without prejudice) on Nov. 6, 2012. (same attys). I posted the information on the forum. Maybe this will help you. InTheDark
  12. CASE DISMISSED TODAY! After all of the support and information available on this site, it gave me the courage to stand up to the original creditor, Cap 1, and their well-known collection attorneys. It was interesting because I thought since the trial date was set for today that I would have to take the stand, etc. I felt rather confident knowing that Cap 1 (or their attorneys) only sent me copies of statements. I went into the court room, signed in, and the lady told me that the attorney would be here shortly and would want to talk to me. I told her I really don't know why I was here since the attys. did not send any proof. Enter attorney. He tells me that this court was very informal and that this Form 9 was not necessary, only if I had a pre-trial (which I did not). He asked if I wanted to settle and I told him I have no proof from Cap. 1 that this account is accurate, and with all do respect, just because you show me copies of statements does not mean they belong to me. I asked him if I mailed him a bill for $10,000 and told him to pay me, would he do it? He just looked at me and said he would dismiss the case! I waited for a signed copy from him and the court. I guess they can still come after me later. But who knows. For now I'm very happy. This was almost too easy. I will be happy to share more detailed information, just let me know. No Longer In the Dark! Thank you, thank you!
  13. Hello everyone! To follow-up, Cap 1's attorney set a trial date for early Nov. Since I am new to this, I decided to call the court clerk and ask them what the procedures are when the plaintiff set a court date. I asked about what happens. Does the plaintiff come to trial with their evidence, how do I go about getting their information. The clerk asked if they sent me a Form 9 along with any evidence they may have. I said, no, the only thing I received from them were some statements, but that was a long time ago. He asked me if a Form 9 was attached. No, it was not. He said they cannot give legal advice, but said the judges get very angry at surprises at trial. I asked if I should initiate asking for information (both sides can do this and when they do, it is at this time each side must disclose what they intend to bring to trial). I asked if he thought I should wait to hear from the plaintiff. He said that was up to me. I got the impression I should wait. (P.S. in the meantime the atty. sent over payment coupons and a court settlement stipulation that they would like me to sign so it can be filed with the court prior to the trial date). Any thoughts? Thank you for your help. InTheDark