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Objection to Motion for Telephonic Testimony


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1. Who is the named plaintiff in the suit? Webcollex LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Machol & Johannes

3. How much are you being sued for? $1,200.

4. Who is the original creditor? (if not the Plaintiff) Cabela's

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) Mail

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? They sent me a letter about the alleged debt and I sent them DV, they replied and after a month or so they served the summons.

9. What state and county do you live in? Colorado.  

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to my credit report last date of payment was year 2012.

11. What is the SOL on the debt? To find out: 6 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). Trial is set in May 2016

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? (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? Already done, case is pending trial.  

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only the statement from Cabelas.

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Please help me what to do now,I received plaintiff's Motion for Telephonic Testimony dated May 3 and I got it in the mail on the 5th of May. I have been searching information on how to object to the motion thanks to this site by the way and so I just sent my objection to the said motion  today (May 7th) via crmm then I realized the court is closed today so I couldn't file it in the court. I'm thinking about filing it first thing in the morning on Monday. When I got home I checked my mail and got a mail from the court which states the following;

 

To: my name

Subject: Service of Documents in 2015Cxxxxx.

 

You are being served with documents file electronically through the Integrated Colorado Courts E-Filing System. Please review the following details concerning this service.

  • Court Location: xxxx County
  • Case # : 2015Cxxxxx
  • Filing ID/ N/A
  • Filed Document Title :
    • Order: Proposed Order for Telephonic Testimony
  • Submitted on Date/Time: Wed, May 4
  • Submitted by Authorizing Attorney:   xxxxxxx County Court

 

If you have a question about the above listed case, please ask the court.

The attached document is an Order Granting Telephonic Testimony.

 

This is what it states in the said Order;

 

"This matter coming before the court and the court having reviewed the case and things surrounding this case, NOW Therefore

 

It is hereby ordered the the plaintiff's witness, xxxxx xxxxxor associate will testify as to the matters and things contained in the Plaintiff's motion for telephonic testimony at the present    trial date May, xx, 2016 at xxxx."

 

The Colorado Rules of Civil Procedure states that;

 

(2) Response. If any party objects to absentee testimony, said party shall file a written response within 7 days following service of the motion unless the opening of the proceeding occurs first, in which case the objection shall be made orally in open court at the commencement of the proceeding or as soon as practicable thereafter. If no response is filed or objection is made, the motion may be deemed confessed. C.R.C.P. 343 h (2).

 

So, I'm trying to figure this out Plaintiff sent me a copy of the Motion for Telephonic Testimony dated May 3rd, I got it in the mail May 5th. The proposed order was granted and issued on May 4. I got these documents in the mail May 7th. I wonder what date did the plaintiff filed the motion in the court. The Plaintiff should be able to receive the Objection Letter on Monday, if we start counting May 3-9 it is 6 days. It's still within the time frame that I should be able to object right? What should I do now? What paperwork should I file to consider my objection to the order?  I really need your suggestions and inputs. This is so stressful I am a t lost.

 

Thank you in advance.


 

 

 

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