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Subject:  Re: Anyone ever fought a debt lawsuit? Date:  2/23/2012  6:11 PM
Author:  joelcorley Number:  304556 of 312185


You wrote, I curious how the pre-trial conference will go. As you have experience, will the judge address our Motion to Dismiss before going into other details? Will he ask us to divulge any information that would allow the Plaintiff to revisit its strategy? Generically speaking, how does this progress?

For some reason I suspect kahunacfa hasn't ever used small claims court. He also has a bad habit of ignoring parts of a post that don't conform to his world view. Being a former investment banker and a self-proclaim venture capitalist with a lawyer-daughter, he's probably never encountered a claim that wasn't worth the cost of counsel.

From my own limited experience - which doesn't include Colorado small claims procedures - a hearing on a Motion will generally give both sides an opportunity to argue the merits of the specific Motion(s) before the court. In these hearings, it is usually not necessary nor does the court usually want to hear your entire defense theory. But then this hearing may not really be about that. Try calling the court clerk and asking him/her what to expect. While the clerk cannot advise you on how to proceed, they usually can tell you what to expect in the form of process or procedures.

And as always, I'm not a lawyer and this should not be construed as legal advice in any way. :-)

- Joel
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