A collection agency (attorney’s office) is filing a suit against me. I have never received anything from this company before but a Verified Complaint under Simplified Civil Procedure for a old debt ( plus additional interest from the collection agency ) on 05/26 for a court date 06/11. Given only 12 days, I responded a counterclaim stating 1) lack of privy 2) plaintiff voluntarily, with knowledge inherent, made an assumption of risk in assuming ownership of a purported and and is not entittle to judgement and not entittle to equitable, pecuniary or statutory damages
3) contributory negligence that if plantiff won would be unjust enrichment. I did not file a Debt Validation request because I didn’t think I could after being served. Plantiff has not provided any paperwork to me. I contacted the County court for the trial date however the clerk stated the plaintiff vacated it’s summons. On 09/19/09 I receive a Motion for judgement on the pleadings with the pretrial set for 10/08/2009.
Had a pre-trial today I entered my disclosure statement with the above statement and attached the F.D.C.P.A 808 and 809 for exhibits. Respectfully, notify the judge that the plaintiff never produced an agreement that I actually signed to agree to the terms of the agreement, pushed that the federal law preempts state law, and notified her that the summons was the first notification of the alledged debt, under C.R.C.P rule 59- plaintiff is requesting interest on something that has never been agreed upon. Plaintiff entered disclosure statement (with statements from the credit card company and USBank credit card agreement statement-states this is proof of privy), bill of sale and an affidavit of indebtedness and acknedgement of assignment (dated 7/08/2008). Filed a motion of judgement listing C.R.C.P rule 309(a), C.R.S 38-10-112, Peterson vs. Halsted 829 P.2d 373, 375(Colorado 1992) -“pierce the formal allegations of the pleadings and save the time and expense connected with trial when, as matter of law, based on undisputed facts, one party could not prevail”. C.R.C.P Rule 312(d).
Judge stated that I could not use federal law in Colorado court system and that if I was representing myself I need to also be treated like a lawyer (not sure what that means) and stated that I would need to get familiar with the Colorado state laws if I’m going to go to trial. When I left the court room the lawyer basically followed me down the hall and said “I’m going to add lawyer fees to this; This is just riddiculous”. I didn’t respond to her and left the building. Please advise I need law advise on what to do.
I hope you did not waive various effective affirmative defenses, like the statute of limitations as you claim this is an “old” debt. As to your answer. lack of privity and assumption of the risk are not applicable to a debt claim generally and will fail rather easily.
Either you can learn the law and defend yourself, hire an attorney for a full representation or hire one on a limited representation to guide you on the matters. I would–at a minimum–recommend the latter.
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