Set for trial what next junk debt buyer

[ej94393]

thanks

[Seadragon]

Check Colorado law concerning deficiency judgements, I would also look for cases where the second signor is not ultimately responsible for the debt. and in the future do not sign for family members that just causes family member headaches, get the a used bicycle from a thrift store instead. And a trenching shovel just in case they get stuck in the snow.

[S. Louis Blisko]

I'm not an attorney but in mos states if you leave things out of your answer (affirmative defenses) the court may not let you raise them later.

[BTO429]

Was the loan in your name only or were you a cosigner?

 

You still need to bring up the notice of deficiency and the right to cure. It will be a case of he said she said, they will claim the papers were sent you have to prove they were not.

[admin]

@ej94393 - moving to legal forum.  

[shellieh98]

since we have disclosure rules and not discovery except by order of the court, I would ask for another pre-trial conference.  They may be able to produce a prima facie case with just their disclosure, and the documents you need but they won't send for a prima facie case can only be asked for thru discovery.  Ask for a pre-trial conference, and then ask the judge for discovery so that you can request a production of documents.  You will then ask for the letters they were required to send when they repossessed the vechicle, the contracts, you could send admissions that they didn't comply, et all.  You won't get them any other way.

 

I'm not an attorney but in mos states if you leave things out of your answer (affirmative defenses) the court may not let you raise them later.

Colorado is not required to submit affirmative defenses, so he is good to go there.

[ej94393]

thanks

[ej94393]

thanks

[shellieh98]

You would submit a motion for a pre-trial hearing.  so go to the court and get the form for a motion, and motion for pre-trial.  when is the trial date? you may if you feel you need time in that motion ask the court for leave to conduct discovery.  Then that date they set would be out the window, or they would set a specific time in which discovery should be complete.  You need to go to lexisnexis.com and find colorado rules of civil procedure, and read all you can on discovery.

 

You may be able to ammend your answer, someone here may better know what defense all this stuff

 Some affirmative defenses to add could be This is what I have found  

           ·    the creditor did not send you the required notices after the repossession, or

·    the creditor did not properly notify you of the vehicle sale.

If the creditor did not comply with legal requirements, the court may refuse to grant it a deficiency judgment.

 would be, I don't.  But if you do, I would also include that they are suing on a time barred debt.  Also you could file a counter claim at the same time as it is a violation of the FDCPA to sue on a time barred debt.  I would file it, and let the colorado court determine if Texas law applies, at least you would have your defenses and counter suit in place.

Is this county court or district court?  Because the rules may be different, you need to look them up.  Search out filing a counter claim, and also your rules of discovery.  How much are they suing you for?

[ej94393]

thanks

[BTO429]

You could file a nunc pro tunc order. Latin for "now for then," this refers to changing back to an earlier date of an order, judgment or filing of a document. Such a retroactive re-dating requires a court order which can be obtained by a showing that the earlier date would have been legal, and there was error, accidental omission or neglect which has caused a problem or inconvenience which can be cured. Often the judge will grant the nunc pro tunc order ex parte (with only the applicant appearing and without notice)

 

Nunc pro tunc orders are used all the time to fix error or mistakes. Courts are used to seeing them and if written correctly courts usually do not disagree.