lawsuit on mobile phone account/ courts dismissed without preduce then plantiff

State of Colorado, I am in a civil lawsuit being sued over a debit i did not make, problem is proving it but things were going good, the court dismissed the case but then the plaintiff pleads to the court to re-open case. They did so now my first question on this matter is because they have re-opened it, does this matter start from the date they first filed the case? If not the statute of limitation has run out on this if it is 6 years as i understand it to be. Am i missing anything as far as rights here? My second question is, while this time is continuing to pass, I believe its been 3 months since my last court appearance, the plaintiff was to provide me with proof of this debit witch they have not. What do i do to get them to produce the evidence? Third the defendant has sent me these letters asking for me to have someone available on certain dates with a calendar to clear a trail date with me?? What the heck am I supposed to do? Do I call or am i supposed to have someone else call on the date specified, and being that I have missed a couple dates, they keep sending new requests with new dates and I need to figure out my next move. No one needs a judgement, and had this been my debit and i knew about it, i would have taken care of it before this point. The original amount was 350 bucks but now with interest and attorney fees its over $1200. Is there anyway out of this mess I should be aware of? I cant have a judgement on my credit, I am a small business owner working on critical business funding right now and this would halt my hopes. I am also a father of 8 so income is critical for us, and judgements would be devastating. Thank you in advance

I suspect one of the reasons the plaintiff argued to reinstate this suit is to avoid losing their chance at this case due to the SOL. Since the case has not been dismissed, there is no SOL problem. It is the same case as it was.

I believe its been 3 months since my last court appearance, the plaintiff was to provide me with proof of this debit witch they have not.

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how did you ask for or request that information?

Third the defendant has sent me these letters asking for me to have someone available on certain dates with a calendar to clear a trail date with me?? What the heck am I supposed to do? Do I call or am i supposed to have someone else call on the date specified, and being that I have missed a couple dates, they keep sending new requests with new dates and I need to figure out my next move.

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I suspect you are the defendant. Anyway, it sounds like they are simply trying to schedule a date for the hearing/trial. If you are representing yourself, you are the person they deal with to try to schedule a mutually available date.

No one needs a judgement

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not sure what you mean. That is what they get if they win.

the only way to guarantee no judgment is to prevent this from going to trial. Since they plaintiff appears pretty serious, if it goes to court and they win, there will be a judgment. IF they lose, no judgment. Who will win? No way to tell from here.

But anyway, the only way to be 100% certain you won't have a judgment is pay the debt before this actually goes to court. Anything other than that and you gamble.

Ask the court (motion) to dismiss with prejudice due to plaintiff's failure to prove the debt is yours.

cosine said:

Ask the court (motion) to dismiss with prejudice due to plaintiff's failure to prove the debt is yours.

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Um, that is what the trial is for.

If there is does not appear to be enough evidence to proceed, the OP could seek a summary judgment. Since we really don't know where in the process this all is, there is no way to know if it is appropriate to seek such at this time or not.

hopw i asked for information

justalayman said:

I suspect one of the reasons the plaintiff argued to reinstate this suit is to avoid losing their chance at this case due to the SOL. Since the case has not been dismissed, there is no SOL problem. It is the same case as it was.

how did you ask for or request that information?
[QUOTE-sssteven]
I asked the paralegal for the plaintiff if they could provide me with a copy of the contract or agreement that is binding me to this mess as I do not have knowledge of this agreement. I also told them no one has ever contact me to collect on the debit before they did, that's why I didn't take care of it before it made it to court. I'm really lost how this could have happened.

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I suspect you are the defendant. Anyway, it sounds like they are simply trying to schedule a date for the hearing/trial. If you are representing yourself, you are the person they deal with to try to schedule a mutually available date.

not sure what you mean. That is what they get if they win.

the only way to guarantee no judgment is to prevent this from going to trial. Since they plaintiff appears pretty serious, if it goes to court and they win, there will be a judgment. IF they lose, no judgment. Who will win? No way to tell from here.

But anyway, the only way to be 100% certain you won't have a judgment is pay the debt before this actually goes to court. Anything other than that and you gamble.[/QUOTE]

You're in a mess. You should have filed for proof of their claim through the courts long ago. It may be too late now.

It doesn't matter if they contacted you before or not. It is their right to simply sue you.

justalayman said:

You're in a mess. You should have filed for proof of their claim through the courts long ago. It may be too late now.

It doesn't matter if they contacted you before or not. It is their right to simply sue you.

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what do i do? is their anything i can do or am i just up a tree without a ladder. I did not know i needed to file something asking for them to prove the debit, i thought that they had to prove it as a matter of fact. Do i go to trial and hope for the best or what can i do to get more info so i can build my defense that this debit is not valid

justalayman said:

Um, that is what the trial is for.

If there is does not appear to be enough evidence to proceed, the OP could seek a summary judgment. Since we really don't know where in the process this all is, there is no way to know if it is appropriate to seek such at this time or not.

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sorry to ask but what is a summary judgement. Do you think an attorney could help at court or with the case in general or is it too far along? Thank you