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Steinlaw
Steinlaw, Lawyer
Category: Consumer Protection Law
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Experience:  Consumer law attorney, author of California Debt Blog, Businessweek.com top foreclosure attorney
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I am going to court for a credit card debt in Colorado. -amount

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I am going to court for a credit card debt in Colorado.
-amount of $2,861.46.
-I called and asked for details of the debt and was told to wait until the summons
-At the summons I asked for information on the debt to prove the amount, that it was not past SOL.(I have been told that it is a revolving debt so it is a 3 year SOL in CO, and I was told that it is a written contract so SOL is 6 years please confirm which it is along with the statute and information on whether credit card is considered open or revolving. The last contact was 5 years ago) the lawyer told me the time for validation had passed.
-50+ days ago I sent a formal request for validation with no response
-Received disclosure statement 9 days before trial date with witnesses and 5 documents. There was no copy of Application, Payments, or statements which were listed. said will be provided to defendant upon receipt for client.
My question is how to proceed with defense: SOL? fight use of exhibits? ask for continuance?
Submitted: 4 years ago.
Category: Consumer Protection Law
Expert:  FiveStarLaw replied 4 years ago.
Hello,



If you do not respond timely, a default can be entered against you.

You will need to copy the caption from your complaint. Instead of "Complaint" put the word "Answer".

The following may be used as a guide:
ANSWER
1. I admit allegation # (your name) of the complaint.
2. I deny each and every allegation contained in numbers x-xy in the Complaint.
AFFIRMATIVE DEFENSE
1. The statute of limitations has run

Send the original to the court and a copy to the attorney for the credit card company

Here is the statute indicating a six-year statute of limitations:
Chapter 260: Section 2. Contract actions; actions upon judgments or decrees of courts of record

Section 2. Actions of contract, other than those to recover for personal injuries, founded upon contracts or liabilities, express or implied, except actions limited by section one or actions upon judgments or decrees of courts of record of the United States or of this or of any other state of the United States, shall, except as otherwise provided, be commenced only within six years next after the cause of action accrues.

Customer: replied 4 years ago.
I already put the answer in with the information that the complaint is time barred with the SOL, as well as the amount being incorrect. This is about the actual trial that is taking place this Thursday.
-It sounds like you are saying that the credit card falls under the 6 year SOL not 3 with open accounts in Colorado

-Is there a defense on no debt validation being provided per request in 50 days?
-Can I have the Application, Payments, and Statements be inadmissable because it was not properly provided in the plaintiff's disclosure statement? it just said that it will be provided to defendant when received from client. How can I argue against information that will not be provided until I am actually in the courtroom? I have requested this information 3 times.

Your help is greatly appreciated!
Expert:  FiveStarLaw replied 4 years ago.
I already put the answer in with the information that the complaint is time barred with the SOL, as well as the amount being incorrect. This is about the actual trial that is taking place this Thursday.
-It sounds like you are saying that the credit card falls under the 6 year SOL not 3 with open accounts in Colorado
sorry -- I gave you the statute of limitations for Massachusetts-- not Colorado -- I am going to opt out and referred your question to a Colorado expert
Customer: replied 4 years ago.
thank you
Customer: replied 4 years ago.
Relist: The expert told me that she was not familiar with the laws of Colorado. She said that she was going to opt herself out and refer the question. I am not sure if this took place, but I have not received any other responses for a couple hours.
The expert told me that she was not familiar with the laws of Colorado. She said that she was going to opt herself out and refer the question. I am not sure if this took place, but I have not received any other responses for a couple hours
Customer: replied 4 years ago.
Hello,

Have you opted out of this question? It seems that you are still listed and I have not received any responses since your last message. Please let me know how to put this back out for other people to answer.

Thank You,
Expert:  Steinlaw replied 4 years ago.
I am sorry you are going through this.

The applicable statute of limitations is 3 years for open account and 6 years for breach of contract. They need to prove the contract and have a copy to get you for breach of contract.

As for the other documents, you object that they were not provided in the disclosures. You then object that they are hearsay as they can only be authenticated by the original creditor. If they do not have someone, they are hearsay and not admissible.

Good luck!
Customer: replied 4 years ago.
Thank you for the information. I just have a few follow-up questions:

So if they do provide the signed agreement from 1995 then that is considered a contract and the sol is 6 years? Even when signed in MA . Can you please provide me with the statute numbers for these so that I can cite them in court?

-There were witnesses that were listed on the disclosure but the exhibits were listed but the documents were not included, just said will provide to defendant upon receipt from client. On the disclosure statement it says "you must send a copy with copies of documents and pictures to the person in part 1 within 20 days but no less than 10 days before trial date. If you do not send it, you may not be allowed to call witnesses or use exhibits at trial" What are the chances that all this information becomes inadmissable at court? What if I receive it today?

-I have the ability to pay this amount off, but I just truly do not believe this information and amount is correct. Nothing has been provided to show me the purchases and statements to show how it has come to this amount. I am concerned that they can just blindside me with the information in court and if it is correct, I end up with a judgement instead of a payoff. Any suggestions on how to avoid this situation besides my current attempts discussed above?

Thanks,
Expert:  Steinlaw replied 4 years ago.
1. The statute of limitations is found at: C.R.S. 13-80-101
2. If you signed it in MA, they can apply either statute of limitations. In this case, they are both 6 years so it won't make a difference.
3. I think your chances of keeping the documents out are about 60%. That being siad, that means there is a 40% chance they get in.
4. If you have the money to pay it off, negotiate a settlement tomorrow before the Judge calls the case. That is your best bet!
Customer: replied 4 years ago.
the documents did arrive today, but with only about half the information. There is still nothing that shows any puchases that I actually made, it just shows the accruing interest and late payments.

My thought was to argue the SOL, then the documents, and if that was shot down then to ask for a continuance because I have only received the information, and not all of it, less than 24 hours prior to my trial date. is this a bad idea or paying for a debt that does not right still the safer bet? At what percentage do you usually see the negotiations get aggreed upon?

Thanks and this should finish up my question.
Expert:  Steinlaw replied 4 years ago.
You need to ask for a continuance first. If you don't, it will be denied.

They are not going to have to show individual purchases. Would it help? Sure. But its not required. They just need to show that you had the card, used the card, and did not object to the purchases.

Your best bet is still to settle. You can probably settle for 50 to 60 cents on the dollar.
Steinlaw, Lawyer
Satisfied Customers: 1811
Experience: Consumer law attorney, author of California Debt Blog, Businessweek.com top foreclosure attorney
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Customer: replied 4 years ago.
i will try the negotiations with the lawyer prior to the case being called.

Is there a point where they do not have to validate the debt? I sent a request for validation on March 1st and I never received a response from them. I also sent a copy to the court for their records. It was within the 30 days of receiving the summons from the law firm.

What information should i make sure is included in any settlement offer?

Your information has been great and a solid perspective. I have no problem paying the debt but obviously want to keep it to a minimum(also would like it to be a true amount) and have the least amount of impact on my credit.

Thanks for the help
Expert:  Steinlaw replied 4 years ago.
Once they are in litigation, ie they sued you, they don't have to validate the debt. So, you are there now.

You want to ask them to settle it, dismiss it with prejudice, and delete the trade line. You definitely want the dismissal with prejudice, but the trade line is more of a bonus!

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