Trial question

Case law is pecedent set by decisions in earlier cases within the same jurisdiction! The internet is a good place to start! Can you give us more information regarding your case!

At trial today the plaintiff was trying to cite (but he couldn't remember the case law info) case law for Colorado statute 5-3-304 regarding how usuage of creditcard creates a binding contract for the terms of an agreement. If the plaintiff is going to submit case law info then I want to too! I am unfamiliar with how to research case law.

I am in Colorado, so I probably need to research Colorado (Jurisdiction?) appellate cases. How should I search, by statute? By Legal category? Google? District?

The plaintiff (CA/owner of account) could not produce requested discovery for a signed contract or agreement, cc billing statements or provide any documentation showing that I used the account. I objected to all of the exhibits introduced by the plaintiff for either hearsay, relevance and or lack of foundation but the judge overruled every one. I think that case law could help if I can find the right ones.

Is there case law for FDCPA sec 809 - The one that states that proper validation of a debt must come from the OC, not from CA?

Here are the names of a couple of cases you could look at:
Brennan v. Spears, and Asset Acceptance Corp. v. Proctor. You can just google them and they should be pretty easy to find. Good luck!

What was your defense? What are you trying to show? Is this in County or District Court?

You can look up Colorado case law here at co.findacase.com

Search for terms like "credit cards", "credit transaction", FDCPA section #'s, FCRA Section #'s, and specfic statues (see below). I suggest focusing on the Colorado Appellate Courts rulings first since these rulings overrule all lower court rulings and are written on more plain language.

You can look up Colorado Revised Statutes at the Colorado State Court website (just google it)

Click on Colorado Revised Statutes and read the following sections:

Title 5 - Consumer Credit Code (this defines credit cards)
Title 13-80 - Limitation of Actions (this defines SOL)
Title 14-6-110 - Domestic Relations (this is what the lawyers usually sue under)

Specifically, read the NOTES and EXCEPTIONS at the bottom of each statute. For example, 5-3-304 which the plaintiff quoted, is subject to notice requirements of section 5-3-103. If the plaintiff violated anything in 5-3-103 or did not show that 5-3-103 was satisfied during the trial, then 5-3-304 does not apply and you should point this out to the judge.

Thank you for this very helpful information to help get me research started!

My defenses were; statute of frauds, failure of consideration, unjust enrichment, lack of privity, laches and barred under the FDCPA from collecting attorney fees, interest etc not specifically provided for by a valid applicable agreement. (affirmative defenses all include explaination)

I want to show that collection agencies in Colorado must be able to prove the debt just as the original creditor would. Such as a signed contract or agreement, billing statement or purchase receipts or transactions. If plaintiff is unable to provide these documents then I need to show through case law what does meet the burden of proof.

I beleive that the plaintiff will be referencing case law that allows them to collect attorney costs, fees and interest without having to have a valid signed agreement.

I would be greatful for anymore known helpful search tips.

:)

Interest Fees: Ths one is easy. Just submit FDCPA Section 808 which prohibits interest without agreement or when permitted by law. Also quote C.R.C.P. Rule 59 which states that interest runs from original judgment only and C.R.C.P. rule 60 which states that a court cannot amend judgment to include prejudgment interest as per Jennings v. Ibarra, 921 P.2d 62 (Colo. App. 1996).

Validating Plaintiff's Claim: Remind the judge that since federal law preempts state laws, the FDCPA Section 809 applies as the standard to determine whether the CA's claim is valid and not Colorado Statute. As per 809, the CA must show the elements of DV to have a valid claim. Since the CA cannot provide such elements, the CA fails to show a claim. See Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.

For your other defenses, search those words on the co.findacase.com website. I found dozens of applealate decision cases that could be used to support your defense. You just need to read through them and find the ones that fit your situation the best.

Also, remember, you can always appeal the court's decision if it goes against you. Most lower court judges are not educated enough with the FDCPA or UCCC and tend to rule in favor of CA's out of ignorance or lazyness. However, the appeleate courts are far more sophisticated and very well versed in the FDCPA and will likely rule in your favor. Just need file a "Notice of Appeal" and "Motion for Reconsideration under C.R.C.P Rule 59" both which are available on the Colorado Court Self Help website.

Coloradoguy, I am having trouble opening cases in findacase.com. It says turn off pop-up blocker if file doesn't open. I did and still nothing. I like this site for research. Can you or anyone give me any other possible suggestions to help me get in there? Yikes!