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Send message to IPoured
Sub: #1 Post Trial Options
Replied on 05-22-2009, 09:21 AM
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My state is Colorado. At trial the judge told both parties that they have until Friday to sumit case law and statutes to support their case. I submitted a couple of case laws along with a few statutes. I Included with my case law submittal an attached a copy of 2 different credit report entries from 2 of the other credit reporting agencies. (I should have included these documents in my initiated disclosure statement that that I sent to the plaintiff but I did not.) The plaintiff on the other hand did include a copy of one of my credit reports in his disclosure to me but little did I know that the judge would overrule my objection to having it admitted into evidence on the hearsay rule. Anyway, if the judge does not take these 2 documents into consideration before ruleing on the case and he rules in favor of the plaintiff, what other options do I have?

I must not have presented my case, objections and arguments very well in court because the judge admitted everyone of the plaintiffs hearsay, lack of foundation and irrelivant exhibits into evidence. I have never been in a courtroom before representing myself in a trial for anything, ever. If I lose, can I appeal citing new evidence? Does a granting of an appeal mean basically a new trial?

A ruling on the case should be today.

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Sub: #2
Replied on 05-23-2009, 04:48 AM
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You can definitely file a motion to vacate a judgment within 30 days form the date you receive the judgment notice from the court. Now, it depends on the judge to decide whether your motion would be accepted or not and so you have to give a good reason for vacating the judgment.
If your motion to vacate a judgment is accepted, you will face another trial where you will get a chance to defend yourself.




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Sub: #3
Replied on 05-24-2009, 05:54 PM
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what court was this case filed in? It makes a difference--you may also have the option of filing an appeal. in that case, the appellate court would consider your motion, and if that happens they rely far more on matter of law, generally, than the court youre dealing with now does. Circuit court tends to go on preponderance of the evidence, while you can make a case that the law was not properly applied to your objections, etc etc, in an appeal. Keep us updated, and we will do what we can to help!



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Send message to Chrys Henderson
Sub: #4
Replied on 05-24-2009, 10:54 PM
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Yes, the appeals courts are a lot more thorough. Some of these circuit judges appear to be in the pockets of the debt collection lawyers by the nonsense they allow as "evidence". The Appeals Court, however, will examine everything anew.





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