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Pre-trial next week. Need helpful advice & opinions!


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HELP!! Pre-trial with Cap 1 next week. They are suing for 2 cc's still in SOL. CC's are solely in my name and I am UNEMPLOYED due to layoff last year. Combined amount roughly $7000 ($3700 is interest, court, attny fees). Per their disclosure statement their witness will be a representative from Cap1 from Cap1's VA office. They have provided 8 billing statements showing no purchases just payments and their basic cardholder agreement. When they sent me the copy of the disclosure statement and copies of billing statements they included a letter saying they would like to "settle this matter without further litigation please call our office". I have not spoken to them at all. Only NACA attny in my area is out of town until end of May and let me know he is swamped and his fees are $200 per hr and each case usually requires 5 hrs.

Attorneys for Cap1 are the ones who have replaced Linebarger, Goggan & Blair in my area.

My ultimate goal is not to receive a judgment.

Is it best to settle with them before next week with something in writing stating they will cancel all further litigation and not persue any judgment?

OR

Go before the judge and possibly get a "Stipulation in Lieu of Judgment" so everything will be noted and recorded thru the court?

At pre-trial am I able to make all necessary stipulations like negotiating the amount owed, monthly payments, won't sell any portion to another CA, updating CRA's, etc?

I have so many more questions but will ask more as comments are posted.

Thank you in advance!

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Yes, I did file an answer denying the allegation and added my affirmative defenses which were lack of evidence of contract, lack of evidence of the alleged debt, lack of evidence pertaining to calculations. Better wording of coarse and in the correct format.

Typically at Pre-trials are there questions that I am supposed to ask?

Do I mention that I am unemployed?

If I end up making a payment arrangement with Cap1, will that restart the 7 year CRA clock?

I have done so much reading on this forum but still I feel like I am clueless.

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What is that and where can I find it? This account was "charged off/written off" 2 years ago so it is still within the Colorado 6 year SOL if that has anything to do with what you are referring to.

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Hey,

Was just relooking at the rules for my research, and this is what it says:

(just in case you haven't already seen this)

(B) Pretrial Conferences. Prior to trial, the court may in its discretion and upon reasonable notice order a pretrial conference. Conferences by telephone are encouraged. Following a pretrial conference, the court may issue an order which may include limitations on the issues to be raised and the witnesses and exhibits to be allowed at trial, entry of judgment, or dismissal, if appropriate. Failure to appear at a pretrial conference may result in appropriate sanctions, including an award of attorney's fees and expenses incurred by the appearing party.

© Pretrial Discovery. If a pretrial conference is held, any party may request that discovery be permitted to assist in the preparation for trial. The request shall be made only during the conference. The discovery may include depositions, requests for admission, interrogatories, physical or mental examinations, or requests for production or inspection. If the court enters a discovery order, it shall set forth the extent and terms of the discovery as well as the time for compliance. If the court fails to specify any term, then the provisions of C.R.C.P. 30, 32, 33, 34, 35, and 36 shall be followed as to the missing term.

(d) Resolution of Disputes. All issues regarding discovery shall be resolved during the conference. No party shall be entitled to seek protective orders following the conference. Unless otherwise ordered by the court, a dispute over compliance with the discovery order shall be resolved at the time of trial, and the court may impose appropriate sanctions, including attorney's fees and costs, against the non-complying party.

So If you need any documents to defend I would make sure to ask for them here. It sounds to me like the "main purpose" of a pre trial conference is to work out discovery. Although I am sure they will want to talk about settlement too.

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Checked in, lawyer gave me another copy of their disclosure statement and I gave them mine. Lawyer asked what I wanted to do and I said I need more proof this debt is actually mine and that is still owned by Cap 1, ect. Told her I don't recall any of the cc statements she gave me and she said ok so you want to go to trial and I said yes. So we walked up and down two differnet floors to get trial dates and when they couldn't schedule both on the same day she told me as we exited the elevator "If you lose my fees are going to be significantly more because I have to come back on a different day". And told me I was free to go. So I left.

Think I might have messed up though by not formally asking for discovery at pretrial. After leaving the conference room and having to go from floor to floor for trial dates, I completely forgot! Then she dismissed me at the elevators.

Any thoughts on what I should do?

Trials dates are about 2 months out.

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Am I correct in remembering that all they gave you on the disclosure statement was one witness and no documents?

If they try to go to trial without giving you any documents in your disclosure document, object to any document they try to enter that they haven't given you a copy of.

If your summons and complaint was like mine (pretty sure we are going against same attorney), all they had attached to the complaint was a generic unsigned "customer agreement". Mine was from 2005. I even wonder if they attach the same customer agreement no matter when you opened or defaulted on your account. They file 100s of these cases a week.

Seems to me they are going to have a hard time proving anything at court based on the unsigned generic customer agreement alone! Correct me if I am wrong and they gave you more than just a witness name in their disclosure statement.

And maybe someone here can correct me if I am wrong, but I don't think they can go to trial and start introducing documents if they haven't provided them through the disclosure statement or discovery??

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