Colorado Belle
Junior Member
What is the name of your state (only U.S. law)? COLORADO
Out of the blue a debt collector filed a summons in County Court. I answered the summons ,denied the debt and asked for a jury trial.
Debt collector asked for Summary Judgment. I responded and first asked for a motion to dismiss based on SOL of 3 years (this was 5 years ago) for written contracts for service and also open accounts. Debt collector countered with a Colorado exception of liquidated debt. Judge agreed. THEN I noticed the contract that was sent in with the summary judgment and on which the court based it's ruling: it was not a contract with me..didn't have my name or my siggie. So I motioned for reconsideration and further, dismissal as I found a Colorado Appeals case that said for the exception to apply re SOL that there had to be a contract between the parties. The court ruled that my motion was without merit and denied it.
SO...I have to appeal but I'm suppposed to put up bond for the amount ($$9,000) and I won't do that because I cant afford it but also...I sure as heck don't trust these judges.
My questions:
1. other than appeal, is there anything I can do? (i'm filing but I don't trust the district court here.)
2. Is it legal for a judge to grant summary judgment (meaning there are no questions of fact and here, I pointed out quite a few questions of fact like: who is this guy, what proof does he have that I agreed to pay anything, etc etc?) if there is no contract with my name on it? No, I never admitted to the debt for it isn't mine...but I did tell the judge in my response to the summary judgment that I thought my divorce attorney had a cntract with this guy to provide him with information re a business valuation. My attorney told me that he'd paid the guy and submitted his bill for reimbursement to the court back in 2004. Am I responsible for debts between an attorney and his accountant?
3. I don't have any garnishable income (I receive a small amount of alimony but supposedly that is n't garnishable. I'm retired. I don't own any separate property of value. What will a judgment do?
Out of the blue a debt collector filed a summons in County Court. I answered the summons ,denied the debt and asked for a jury trial.
Debt collector asked for Summary Judgment. I responded and first asked for a motion to dismiss based on SOL of 3 years (this was 5 years ago) for written contracts for service and also open accounts. Debt collector countered with a Colorado exception of liquidated debt. Judge agreed. THEN I noticed the contract that was sent in with the summary judgment and on which the court based it's ruling: it was not a contract with me..didn't have my name or my siggie. So I motioned for reconsideration and further, dismissal as I found a Colorado Appeals case that said for the exception to apply re SOL that there had to be a contract between the parties. The court ruled that my motion was without merit and denied it.
SO...I have to appeal but I'm suppposed to put up bond for the amount ($$9,000) and I won't do that because I cant afford it but also...I sure as heck don't trust these judges.
My questions:
1. other than appeal, is there anything I can do? (i'm filing but I don't trust the district court here.)
2. Is it legal for a judge to grant summary judgment (meaning there are no questions of fact and here, I pointed out quite a few questions of fact like: who is this guy, what proof does he have that I agreed to pay anything, etc etc?) if there is no contract with my name on it? No, I never admitted to the debt for it isn't mine...but I did tell the judge in my response to the summary judgment that I thought my divorce attorney had a cntract with this guy to provide him with information re a business valuation. My attorney told me that he'd paid the guy and submitted his bill for reimbursement to the court back in 2004. Am I responsible for debts between an attorney and his accountant?
3. I don't have any garnishable income (I receive a small amount of alimony but supposedly that is n't garnishable. I'm retired. I don't own any separate property of value. What will a judgment do?