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RockyMountain

Sued by Cavalry in Colorado for $13k

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As the title states, I live in Colorado and am facing a lawsuit from Cavalry SPV (in Denver County Court) for around $13k, originally a Citi account. My answer is due on the 16th of October but I'm going to file it mid next week (a few days early). I thought I had most of what I needed prepared but now that I'm getting into the thick of it and about to fill in the answer form, I'm getting a bit confused and I hope someone here can offer some help! I plan on filing my answer and then filing a MTC Arbitration once the answer is accepted.

I have the Colorado Answer Under Simplified Civil Procedure form (attached) but it doesn't have a section to answer each specific complaint or a section for "affirmative defenses". As I understand it I need to "Admit" or "Deny" the individual complaints in the summons however I can't figure out how to translate what I've learned from this site onto that simplified form. I spoke with a clerk at the court who told me I can file the MTC along with the answer or soon after, so I'm just focusing on the answer right now because it's so important. Filing the MTC I believe may be more straightforward once I've filed the answer which sets everything up because I have a "General Motion" form which is less confusing than this Answer form, I can just copy/paste what I've put together into that form.

The account is within SOL for them to collect, and the amount is above Denver County small claims limits. I have an arbitration clause in the original agreement (which I'm sure everyone here is familiar with) that says as long as it's not in small claims, the Court has no jurisdiction as long as one party elects arbitration. The summons included a statement from the past-due Citi account, an affidavit of claim, and a "bill of sale and assignment". The notary that signed the affidavit of claim is also an affiant for Cavalry, can I allege robo signing when going after their standing based on this? The bill of sale is very general, it's a one-line one-item page with a lot number which does not prove at all that they own my account, so I would like to use lack of standing but I'm confused about how to put this information in the attached form.

Basically what I'm having trouble with is how to I deny the allegations in the complaint via this attached form? Also where do I list my affirmative defenses? I'd like to use "Arbitration and Award" C.R.C.P. 8(c) as the main one which sets up the MTC. Lack of standing is not an affirmative defense according to Colorado rules of civil procedure, so how do I argue it? Do I need to use this simplified form anyway?

I spent the last few weeks researching all of this and thought I could put it together without help but now that I have the form in front of me I'm feeling overwhelmed/confused! Any help at all clarifying things is so much appreciated!

 

Answer Under Simplified Civil Procedure.doc

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I should mention the law firm is in Utah while I'm in Colorado and the JDB Cavalry (the affiant and notary that signed the affidavit of claim) is in New York. The lawyer doesn't seem to be licensed in Colorado as far as I can tell. Is this an issue?

 

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