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Can I call the Plaintiff's attorney as a witness?

Date: Fri, 06/15/2012 - 12:34
Submitted by kdestef on Fri, 06/15/2012 - 12:34
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Machol & Johannes is trying to sue me AGAIN! The first time they lost and the case was dismissed with predjudice based on insufficient documentation. Now they are trying again for a different account. They sent a statement as verification that shows a mailing address to Phoenix, AZ. I have NEVER lived in Arizona. Not only did they do this, but the account number on the statement didn't even match the account number on the summons and complaint! I sent my response pointing this out along with exhibits showing that I never lived in Arizona and yet they proceeded to continue the case and set a a pretrial conference date for July 17th, 2012.

After this, they filed a motion for telephonic testimony from a Mr. Buckley or associate from Velocity Investments (the junk debt buyer). I have received nothing from the courts granting this telephonic testimony so don't know if it's being permitted, however I have prepared my Disclosure Statement. I would like to call the same attorney from Machol and Johannes who saw the last case they lost, as a witness for this case (she is also handling this case). I intend to show a pattern of groundless, frivolous and vexatious actions. See C.R.S. § 13-17-101, 102; Colo. R. Civ. P. 11.in which Machol & Johannes neglected to acquire sufficient documentation even when defendant made Machol & Johannes aware of the discrepancy and yet they continued to proceed through the court system without researching further the Plaintiff’s cause of action.
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I have also included a list of exhibits such as my warranty deed on property I purchased the year they claim the account was opened as well as my W-2 from my employer during that time all showing I did not live in Arizona. According to my courts rules, I send the disclosure statement with my information as well as a blank form for the Plaintiff but instructions state to NOT file with the courts unless told by the courts to do so.
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Any words of advice, suggestions, etc? Can I even call the Plaintiff's attorney as a witness? I'm having to handle this pro se as I do not have the means to pay for an attorney. I paid $1300 to one who completely wasted my time and was of no help whatsoever. Additionally, this is not my account and I've proven this, yet they keep pushing to proceed and waste everyone's time! I don't get it. Any help is much appreciated.
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Hiya kel...

yes, I did get your email, sorry I have been so busy lately!

As far as I can find, you are permitted to call the plaintiff's attorney as a witness. I would also call the employee of that attorney's office that signed to the letter you received--the letter that they sent you in response to you informing them that they had the wrong person based upon the info they provided. If that letter had a person sign at the bottom, I would call that person as well....and confirm under direct that that person did in fact read and respond to your letter. I would be trying to show that the frivolous nature of this attorney's actions are a matter of routine at that office, and by showing multiple people being aware of your letter informing them of their error, you will show that the error was not confined to just one person. I would work to show that pattern--your whole case to the court is that the plaintiff's attorney should know better, but rather than follow ethics and federal debt collection laws, they chase money that they are not legally entitled to collect.

Jon


Submitted by skydivr7673 on Fri, 06/15/2012 - 15:08

skydivr7673

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