The Motley Fool Discussion Boards
Personal Finances / Credit Cards and Consumer Debt
|Subject: Re: Anyone ever fought a debt lawsuit?||Date: 2/22/2012 12:33 AM|
|Author: joelcorley||Number: 304529 of 310650|
First, let me say I'm no lawyer. I've had a few dealings with the law over the years; but I'm certainly no expert - especially on law in a state outside my home state of Texas.
You wrote, I believe it's a small claims county court.
Very interesting. I've never looked at Colorado law or Colorado small claims court procedures. Very interesting. Colorado small claims courts seem to have procedures that mimic larger courts. That would explain why you have Motions and pretrial hearings as an option.
In my home state, you file a petition, swear and affidavit, pay a fee, set a date and show up. The defendant can optionally file an Answer for the judge to read, possibly petition for a new trial date and show up (or not). The judge usually drives the process at trial. He asks questions of both parties until he's satisfied that he understand the relevant facts of the case. Then he may render a verdict then or at a later date. The down-side to our process is that any appeal of a small claims case to a county court must be automatically accepted by that court if it has appropriate jurisdiction.
Also, As I mentioned, the judge denied the Plaintiff's Motion based on our Response.
The judge probably felt they had to deny the Motion. Your Response probably refuted some basic issue of fact - like the actual responsibility for the debt. Once there is an issue of fact (material to the claim) in dispute, the court isn't suppose to grant a motion for summary judgement. A summary judgement presumes all facts are uncontested and the only issues to be decided are matters of law.
Don't confuse this with winning though.
And, He hasn't yet denied our Motion despite the Plaintiff's complaint that we are not following procedure. I see this as a positive.
You may be right. But it's also possible the judge simply hasn't reviewed your motion to dismiss. Or any of a number of other possible factors.
Finally, I see our case as so good, I'm wondering what I did wrong. You know what I mean?
I wouldn't jump the gu