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View Full Version : Can Defendant file request for admissions in small claims court Colorado?


tttschoenhut
May 10, 2011, 09:59 AM
I'm being sued for a bad credit card in small claims county court in Colorado. I filed my answer with the clerk denying their claims. Does Colorado law require that they attach a copy of legal assignment of debt from Original Creditor? I cannot find this in the small claims rules. Their lawyer did not bring any of this proof to court when I asked him for it and he also told me it was none of my business when I asked to see the legal assignment showing they purchased this bad debt. I have to go back to court for trial and was also wondering if I can file a request for admissions or request for documentation before court? Please help as I cannot find much of these rules stated anywhere on here!

AK lawyer
May 10, 2011, 10:21 AM
"Rule 501. Scope and Purpose
(a) How Known and Cited. These rules for the small claims division for the county court are additions to C.R.C.P. and shall be known and cited as the Colorado Rules of Civil Procedure, or C.R.C.P. These rules are promulgated pursuant to section 13-6-413, C.R.S.
...
Rule 510. Discovery and Subpoenas
(a) Depositions, discovery, disclosure statements, and pre-trial conferences shall not be permitted in small claims court proceedings.
..."
http://www.google.com/url?sa=t&source=web&cd=1&ved=0CCAQFjAA&url=http%3A%2F%2Fwww.courts.state.co.us%2Fuserfile s%2FFile%2FSelf_Help%2FSmall_Claims%2FSmall_Claims _rules(1).pdf&rct=j&q=colorado%20small%20claims%20court%20rules&ei=w3LJTYOPEsK_gQeI1IHqBQ&usg=AFQjCNEWNMd2qtVbeU9hkQL1aKKrMXSyPQ

tttschoenhut
May 10, 2011, 10:31 AM
Thank you, I see they can't do discovery on me. That's comforting. :)

AK lawyer
May 10, 2011, 10:55 AM
... Their lawyer did not bring any of this proof to court when I asked him for it and he also told me it was none of my business when I asked to see the legal assignment showing they purchased this bad debt. ...

If you have raised this in your answer, and if he fails to prove this at the trial, it appears that the court should rule in your favor.

tttschoenhut
May 10, 2011, 03:28 PM
Thanks so much! I did include that, he got really mean after that so I'm hoping it gets dismissed - thanks for your time I appreciate it!