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Several years ago, I was a member of this forum. I had to create a new account as password recovery didn't find me... I was served with 2 complaints recently. One from JDB that I'm feeling confident for now that I can deal with. The second is from an OC and I'm now in the first phase of discovery. I'd like to hash it out a bit. 1. Who is the named plaintiff in the suit? Capital One 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Johnson Mark, LLC 3. How much are you being sued for? Approx 6,000 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? left on doorstep 7. Was the service legal as required by your state? Unknown, probably yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? 9. What state and county do you live in? Idaho 10. When is the last time you paid on this account? SOL not up 11. When did you open the account (looking to establish what card agreement may be applicable)? Not sure, 2013-14? 12. What is the SOL on the debt? To find out:Time has not expired 13. What is the status of your case? Suit served? Motions filed? Served. Answered Summons/Complaint, denied all but my name. Used Failure to State Claim as affirmative defense as absolutely nothing attached to their complaint. Filed my answer at the clerk's office and sent certified/return receipt copy to Plaintiff's attny. I've sent my first set of discovery requests to attny. I received Plaintiff's 1st set of Discovery requests and am now working my way through my answers. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No I have not. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').No I have not. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing was sent with the summons. I can't find if they were required to attach anything in Idaho? This is one of my questions. 18. How did you find out about this site? Internet questions I've mailed my first request for Discovery/Interrogatories/Request for Docs. Mailed it to them 01/09/19. One day later, I received a packet from them containing Plaintiff's 1st set to me. Looks like they're still using the exact same questions as they did several years ago! I'm aware an OC is a whole different ball game then JDB, but I'm slightly hopeful I can pull through. I'm diligently searching and reading and studying, trying hard to find my own answers to my questions. Just need some encouragement and a little nudge in the right direction now and then. Their interrogatories contain the standard questions, along with asking if I've ever been convicted of a felony, been party to a civil suit, identify books/papers/records I used to answer...(answered these with: Objection, irrelevant and not likely to lead to admissible evidence. Or, with Defendant without sufficient information or knowledge, etc.). I answered all of the requests for Admission with: Defendant states after a reasonable inquiry, information known or readily obtainable is insufficient to enable to admit or deny therefore denies. With the exception of the last request. Request: True and correct copies of the documents referenced in these Requests for Admission are attached hereto as Exhibit "A." It contains some 1. old past due statements with the last 4 digits of the account referenced in their complaint, 2. a piece of paper that reads, "Your account has charged off. It is now being serviced by Recoveries department. Call 1-800-xxx-xxxx if you have questions about this notice." 3. a Capital One Customer Agreement (from 2014), 4. a Capital One monthly billing statement with a DIFFERENT account ending number (!) Obviously, Mr. Attny didn't pay close attention to what he was sending in his exhibit "A". I started answering this final admission with, "Objection. Plaintiff's Exhibit "A" does not contain "True Copy" as all the documents contained within fail to have been notarized to certify that the copy is a "true" copy of the original document. As to whether they are "correct" or not, Defendant objects. Defendant is w/o sufficient information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation. Should I go ahead and send my answers to the Plaintiff's attny, or is their Exhibit "A" weak enough that I should take another route at this point? I don't think Johnson Mark has any other evidence, no affidavits, etc. Thank you in advance for reading this long book...

Ok you guys. I have an interesting situation I’m in. I recently had a judgement against me vacated on August of 2017. During my hearing, my opponent (midland funding) did not show up. The court granted this motion and vacated the judgment. The court then moved on its own motion to reopen the case for a new hearing in December 2017. I went to the new trial and some random person (probably an attorney who has no idea about the case) she showed up to court to claim the debt and tried to negotiate outside the court. I of course wasn’t interested in negotiating at all since I never entered into a contract with them. Anyway, we sat back down in court and the judge asked me if I had received any papers at all directly in the mail. I said no — none. He then said, I was supposed to be properly served these papers because you need to know what’s in them. I said “Ok how do I get them” then he said to the attorney to send a copy of the documents for me to see. Then he followed up with saying he will reschedule this hearing to a new date in January 2018 so I can look it over. I went onto onto the court website and noticed they had filed a declaration in Liu statatement CCP 98 in October of 2017 of which I didn’t get a copy because they sent to an address that I haven’t lived in since 2013. I tried filing a motion to strike ccp98 but the window was closed for me to do so (according to the clerk) i now have two options from my research. I can do a motion of limine or I can do an ex party to ask the judge to let him know about my motion within the time frame I have before my next hearing in January 2018 and why I didn’t respond to their October 2017 filing. Which is more effective at this point considering the circumstances? I will also subpoena their “witness” to come to court but need to know which of the two options helps the most. Any legal masterminds out there that can help? ?

Hi everyone! I have to preface this by saying that I've been reading these forums since the day I discovered them. Today I finally made a point to register and ask for some of this amazing advice for myself. I fear I'm not sure what to do next. Also being from Maine, I feel like there aren't many resources specifically for this state available to me since, well, not a lot happens here. Regardless of it being in Maine though, so much of the advice I've learned from here has been incredible. You guys are all great and I'm hoping to catch the attention and help I've seen other people receive. Anything would be greatly appreciated! So here goes... If I leave out any important info, I'll be checking this pretty regularly to reply. This is for we'll say a close friend. She's lost in all of it and I've been pretty excited to learn about this and find a way to help her out. But I know all of the details required. Being such a small area too I'm a bit nervous to post too much info as I feel it would be pretty easy to narrow things down. So if anyone recommends I should edit some info out, please let me know! 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC 2. What is the name of the law firm handling the suit? Schreiber/Cohen, LLC 3. How much are you being sued for? 18,xxx.xx 4. Who is the original creditor? Union Federal Savings Bank 5. How do you know you are being sued? Papers served to Co-Signer and defendant's address from 5 years ago. 6. How were you served? Co-Signer in person, at the door. Defendant was not until after answer was filed 7. Was the service legal as required by your state? I'm not sure. Some of the debt collection laws I've read said that they can't serve you by a sheriff? Which is how it was served. But to my knowledge that's a fairly common practice of serving someone papers. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None to the defendant. Though they called the co-signer relentlessly, at work, and accused the defendant (to the co-signer) of being a bad person, etc. 9. What state and county do you live in? Defendant: York County, Maine. Co-Signer: Cumberland County, Maine. Complaint filed in Penobscot County. 10. When is the last time you paid on this account? 2007. Though they're account records mention a partial payment made in 2013. 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? I advised the defendant to send their answer promptly. We did research and found affirmative defenses. Unfortunately it was before I found this forum. So now I feel their answers could have been stronger. Didn't file a motion to dismiss in the answer. Also haven't filed a motion to strike the affidavit. Currently tied up in a motion to transfer to the proper county so we have no new case no. to do anything with. I'm worried we're running out of time. But does a motion to transfer start a new scheduling order? We never received any discovery from the plaintiff either. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. If only I knew better then 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? Currently waiting on new information regarding the motion to transfer. Haven't heard anything from the plaintiff since August but the court says the transfer was approved. Have not received any interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Unfortunately, a lot. Although this may be the usual case as well. I feel a debt of this much is the holy grail for JDB, so they would pull out all the stops. Evidence: Affidavit of Claim from employee of Cavalry Portfolio Services (a company that performs collections services for Cavalry SPV). Stating they were an authorized employee to make the claim for the plaintiff. That they are familiar with the manner and method by which their company and the plaintiff create and maintain business records. That they acquired this account 'on or about' a certain date. The usual stuff I've seen other people see in their affidavits of claim. It states the name at the top, but the signature is completely illegible. It also says it was notarized a full year after the affiant claims the account was acquired. Note Disclosure Statement: I'm worried this is bad. It's a copy of the original loan agreement from UFSB. With the loan amount, interest rate, and final amount that would be repaid. As well as the terms and conditions, but those are listed on an empty application. Account Summary: This is on Cavalry letterhead. It states an account number, defendant and co-signer names, name of original creditor, the wrong address,total balance (which is higher than the amount being sued for), a principal balance (the amount being sued for), and the original loan amount (less than the amount being sued for). It claims the default date was in 2010. Acknowledgment of Transfer: There are a few of these. None of them say any specific account numbers or names. Just that multiple accounts were transferred to new companys. It appears to have changed hands from USFB, to it's subsidiary within 3 months of the original disbursement date. From there when USFB and it's subsidiary closed up shop, it transferred again, and then again to Cavalry. Again none of these have any specifics to the defendents account itself. PHEW! So I think I answered all those questions! So now I should explain the defendants answer. They denied the debt and claimed the plaintiff has no personal relationship with the original creditor, claiming hearsay on the evidence in the complaint. Also for other defenses they listed lack of personal jurisdiction, standing, statute of limitations, also the fact that USFB never had a license to distribute online loans in Maine from the office in Rhode Island. They didn't make it fancy like the ones I've seen. And didn't reserve the right to add more affirmative defenses later. So now I'm stuck and don't know where to research further! Like I said they moved to have it transferred and we were told there was nothing we could do until we a new docket no. The original court had ruled for discovery but then the clerk said we needed to wait for the motion to transfer. So does that give us another chance for discovery? Can we ask for that from the new judge? Is anyone still reading this? Sorry this is so unbelievably long winded. I didn't intend for it to be. I just wanted to be thorough and maybe catch the heavy hitters' attention on here! Thanks again everyone and keep posting the great advice!

Hello all, My court date with FIA Card Services is coming up next month. I recently received a "Declaration of Plaintiff in Lieu of Personal Testimony at Trial," which was signed by a person who works for a process server. This person claims to have "personal knowledge of plaintiff's procedures for creating and maintaining these records." Exhibit A in the document includes a few monthly statements from 2012 with Bank of America. I just read through this: http://www.creditinfocenter.com/legal/motion-to-strike-affidavit.shtml So it sounds like I should make a motion to strike this evidence, and also subpoena the process server who signed the document. Is there anything else I should be doing to respond to this? If this evidence is thrown out, what can the OC use against me in court? Also, how do I do a subpoena for the process server?? Thanks in advance for any help or advice. This forum has been incredibly helpful as I have tried to learn about this whole process. *** FYI here are my answers to standard questions: 1. Who is the named plaintiff in the suit? FIA Card Services. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rather not say. It's a firm located in Northern California. 3. How much are you being sued for? Approx $15,000.00 4. Who is the original creditor? (if not the Plaintiff) Bank of America? 5. How do you know you are being sued? (You were served, right?) Yes, served. 6. How were you served? (Mail, In person, Notice on door) Mail. 7. Was the service legal as required by your state? Yes, I believe so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. 9. What state and county do you live in? California. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2012. 11. What is the SOL on the debt? To find out: 4 years. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I sent in Answer, req for production, and just received response to the req for production. They did not send the original application or signed contract, only some account statements. I also asked them to verify the debt, which they did. They also sent a Request for Admissions--I responded DENY, saying that all the questions were too vague to make a determination. They sent Specially Prepared Interrogatories as well--I objected to all of those, arguing that the Plaintiff has only provided vague, contradictory, and inconclusive evidence. The Plaintiff did verify the debt, but the account number did not match the account numbers listed on the statements they sent. There were five different numbers on the statements. The most recent document, sent by the process server, attempts to argue that the numbers are different because accounts are changed when they are charged off. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Yes. 15. How long do you have to respond to the suit? Already responded. They claim I owe on an open book account, because of written agreement between plaintiff and defendent. Sued via common counts instead of breach of contract. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence sent with the summons beyond a vague mention of "an account" and the dollar amount allegedly owed. In my answer I said they failed to state their claim due to a lack of any evidence provided. They did not provide an account number, a signed contract, etc. After the Demand for Production, they did send a big stack of statements and some checks with payment amounts. The statements have various differnet account numbers. The most recent evidence, included as "Exhibit A" by the process server, only includes a few account statements with one of the FIVE account numbers that were included on the earlier statements. 17. Read this article: Done.

Hi Friends, My wife is being sued in Wyoming for approximately 10K from a JDB based in Colorado. Below is a description of exactly where my wifes case stands. I have several questions that I could use some help with. She did not yet respond to the plaintiff's attorney who requested a "Disclosure Statement". She has also not yet filed any motions for discovery or interrogatories or a motion to strike affidavit of debt. 1. What should I write in my dislosure statement? 2. Could/Should I file for discovery? If yes, what should I write? 3. Could/Should I file interrogatories? If yes, what should I write? 4. Could/Should I file a motion to strike affidavit of debt? If yes, what should I write? 5. Is there anything else I should do at this point? Thank you for any advice/suggestions/guidance you can provide! CombingWyoming 3. How much are you being sued for? APPROXIMATELY 10K 5. How do you know you are being sued? (You were served, right?) YES 6. How were you served? (Mail, In person, Notice on door) IN PERSON 7. Was the service legal as required by your state? YES 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE 9. What state and county do you live in? WYOMING 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). MY WIFE WAS SERVED. THE SUIT INCLUDED AN EXHIBIT WITH A GENERIC EXCEL STYLE 1 LINE ACCOUNT BALANCE WITH THE AMOUNT OF PRINCIPAL AND INTEREST BUT NO REFERENCE TO MY WIFE. THE SUIT ALSO INCLUDED AN AFFIDAVIT FROM THE LAST JDB OWNER OF THE DEBT WHICH INCLUDED MY WIFE'S NAME ON IT. BOTH THE EXHIBIT AND THE AFFIDAVIT INCLUDED THE SAME OC. SHE DENIED ALL COMPLAINTS AND DEMANDED STRICT PROOF. TRIAL DATE WAS SET AND THEN THE ATTORNEY FOR THE PLAINTIFF ASKED TO RESCHEDULE THE DATE FOR PERSONAL REASONS. A NEW TRIAL DATE WAS SET. MY WIFE THEN RECEIVED DISCLOSURE STATEMENTS FROM THE PLAINTIFF AND A REQUEST TO FILE HER DISCLOSURE STATEMENTS. SHE DID NOT RESPOND TO THOSE YET (AND COULD USE SOME GUIDANCE). SHE ALSO RECEIVED FROM THE PLAINTIFF A MOTION FOR LEAVE OF COURT TO AMEND PLAINTIFFS EXHIBIT A TO THE ORIGINAL COMPLAINT AND AMENDED AFFIDAVIT OF INDEBTEDNESS. THIS MOTION SOUGHT TO CHANGE THE OC IN THE ORIGINAL COMPLAINT TO A NEW OC. FOR THIS CHANGE THEY ADDED A NEW GENERIC EXCEL STYLE 1 LINE ACCOUNT BALANCE WITH THE AMOUNT OF PRINCIPAL AND INTEREST BUT NO REFERENCE TO MY WIFE. THEY ALSO ADDED A NEW AFFIDAVIT FROM THE SAME AFFIANT (RYAN) AS BEFORE. THEY ALSO ADDED TWO ADDITIONAL AFFIDAVITS, ONE THAT SHOWS THAT THE OC SOLD THOUSANDS OF ACCOUNTS FOR MILLIONS OF DOLLARS TO JDB #1 AND A SECOND AFFIDAVIT THAT SHOWS THAT JDB #1 SOLD DEBT TO THE JDB WHERE RYAN IS PRESIDENT [NOTE: NEITHER OF THE LATER 2 AFFIDAVITS MENTION MY WIFE AND RYAN'S AFFIDAVIT MENTIONS THE OC BUT NOT JDB #1]. FINALLY, THE LAST THING THEY INCLUDED WAS A GENERIC CONTRACT FROM THE OC WHICH DID NOT HAVE MY WIFE'S SIGNATURE ON IT. I HOPE THIS IS ALL CLEAR AND I'M HAPPY TO ANSWER ANY QUESTIONS. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. NO 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? COURT DATE HAS BEEN SET. DATE IS COMING UP SOON. Any help and guidance on how my wife should move forward would be greatly appreciated. Thank you very much! CombingWyoming

Would like some suggestions (or more specifically a template) to assist in compiling a memorandum of points and authorities. Have already created the motion similar to Linda7's offered template. The absence of Oregon Case Law is a challenge so can possibly use 9th District. Original Creditor - Chase Bank Buyer #1 - Purchasers Advantage Colorado Buyer #2 - Professional Bureau of Collections of Maryland (Colorado Same address as Buyer #1) Yeah! I know! I realize this is not an account just a file of random numbers The Complaint is for both Account Stated and Breach of Contract. Have answered and provided Defendants Affidavit of Denial for Plaintiff's NEW account. Thanking you in advance for your assistance. HP Memorandum of Points and Authorities for Motion to Strike Affidavit "Plaintiff's Affidavit of Assignment of Rights" This Affidavit of Assignment of Rights ("Assignment") is made and entered into as of this ____ day of _____ 2012 by and between Purchasers Advantage, LLC, a Colorado limited liability company with a place of business at 5295 DTC Parkway, Greenwood Village, CO 80111 ("Assignor") and Professional Bureau of Collections ojf Maryland, Inc., a Maryland Corporation with a place of business at 5295 DTC Parkway, Greenwood Village, CO 80111 ("Assignee"), both of whom may be collectively referred to throughout this Assignment as "Parties," or individually as "Party." Whereas, Assignor has purchased a file of certain charge-off accounts, which consists of certain Wells Fargo accounts hereinafter referred to as the "Purchased Receivables" and Whereas Assignor has forwarded the Purchased Receivables to Assignee for collection activity; and Whereas Assignee has determined that certain of the Purchased Receivables are eligible for Legal Action and wishes to take such legal action as contemplated, by Section 6 of that. certain Collection Agreement ("Collection Agreement") made by and between the Parties on June 28th, 2011; and Whereas, Assignor wishes to grant formal written consent to Asignee to proceed with such legal action as Assignee deems necessary to secure collection on the account Now therefore, the Parties mutually agree to the following promises, the receipt and sufficiency of consideration for which is hereby acknowledged! I. Account. The following information and any corresponding account information which shall be attached to this Assignment shall collectively be known as the "Account." Account Holder: Huey Pilot Account Number. xxxxxxxxxxxxxx9999 Holders Last Known Address: 5200 Airport Road. Cirrus, OR 97000 2.Assignment Assignor hereby assigns all rights title and interest in the aforementioned Account to Assignee for the sole purpose of initiating legal action on and pursuing subsequent collection activity on the judgment of the Account. 3. Acceptance. Pursuant to the requirements of the Collection Agreement, Assignee hereby accepts the assignment of all right title and interest in the aforementioned Account to Assignee for the sole purpose of initiatingj^gal jdion on and pursuing subsequent collection activity on the judgment of the Account IN WITNESS WHEREOF the Parties have executed this Assignment on the date first written above. s/s_Buyer #1 Purchasers Advantage a Colorado Limited Liability Company s/s Buyer #2 Professional Bureau of Collections of Maryland, Inc. On this any day of Month 2012 before me undersigned, a Notary Public in and for the State of Colorado personally appeared JDB Name #1 and JDB name #2, to me personally known, who, being by me duly sworn, did say the within and foregoing instrument was signed on behalf of said Buyer by authority of its Board of Directors; and that the said person as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said Buyer Notary Stamp Notary Signature (Kind of Bogus - may be a challenge?) (Circle not Square) (Missing Notary Number) (absent expiration date)

1. Who is the named plaintiff in the suit? Equable Ascent Financial LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Tara Muren ESQ SBN 260154 Michael Mixer ESQ SBN 99073 John Clinnin ESQ SBN 153881 3. How much are you being sued for? $4000 4. Who is the original creditor? (if not the Plaintiff) CHASE BANK USA 5. How do you know you are being sued? (You were served, right?) SERVED 6. How were you served? (Mail, In person, Notice on door) IN PERSON 7. Was the service legal as required by your state? YES as far as i know Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They mailed one letter saying i owed them money. i responded with something to the theme of, who are you and how do i owe you money. Show me proof and i will establish a payment plan 9. What state and county do you live in? CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) im within statute of limitations i think 11. What is the SOL on the debt? To find out: CA listed as 4 Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). current status is Jury trial set for january, last action was DECLARATION OF PLAINTIFF IN LIEU OF PERSONAL TESTIMONY AT TRIAL CCP98 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) yes, they said that the debt appeared valid 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. i asked them to validate debt. not sure if it was the right way though. I did request the credit agency to do debt validation and they said it appeared valid 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Ive already answered with a general denial Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. exhibits are as follows : generic member agreement with handwritten chase an no sig ; bill of sale with no account number or name ; old credit card statements ; affidavit in lieu of live tetimony (latest) 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits So right now i was going to put a motion in limine (after i reasearch the format) and motion to strike the exhibits for hearsay, lack of standing, a few other points i have compiled. I saw this thread and im not sure if the defendant just left all the evidence and compiled a pre trial brief as indicated http://www.creditinfocenter.com/community/topic/311682-they-quit-dismissed-with-prejudice/ the scenarios is exactly the same except i am in California. It even has the same witness I also want to know how to look up other cases in california to use as reference - or am i allowed to reference the colorado cases the defendant used.?