How to respond to Defendants answer, what do I need to provide?

[starhorse]

What is the name of your state (only U.S. law)? Colorado
I am suing for damages in small claims court. The defendant hired a lawyer. They in the Answer flat out lied. Yes we can prove it, with State documents as well as a with a letter from the Defendant lawyer. So how do I proceed?

Can I ask that Judgment be made as they did lie? If so what it the term for this?

I am aware I need to respond to the Answer. What details are needed in my response and do I need to include evidence to prove what is said is wrong, or do I simply contest what they said with what I say?

Also am I required to send the Defendants party a copy of my response to the answer?

 

[Silverplum]

What is the name of your state (only U.S. law)? Colorado
I am suing for damages in small claims court. The defendant hired a lawyer. They in the Answer flat out lied. Yes we can prove it, with State documents as well as a with a letter from the Defendant lawyer. So how do I proceed?

Can I ask that Judgment be made as they did lie? If so what it the term for this?

I am aware I need to respond to the Answer. What details are needed in my response and do I need to include evidence to prove what is said is wrong, or do I simply contest what they said with what I say?

Also am I required to send the Defendants party a copy of my response to the answer?

Have you read these thoroughly?
http://www.courts.state.co.us/userfiles/file/SmallClaimsHandBook.pdf

http://www.courts.state.co.us/userfiles/File/Self_Help/Small_Claims/Small_Claims_rules(1).pdf

http://libguides.law.du.edu/smallclaims

Lying to the Court is "perjury." It's rarely prosecuted. "Evidence" is provided to the Court, not to the other party.

 

[swalsh411]

Respond with the facts that make your case. Don't get hung up on the other party lying.

You're not going to win just because you can prove the opposing side lied.

P.S. The attorney did not commit perjury as they were not under oath.

 

[RedemptionMan]

Like has been said, state the facts of the case in the letter and answer the questions. Any evidence you have save that for the trial and show to judge at that time. He will take that into consideration before rendering a verdict. Good Luck.

 

[latigo]

What is the name of your state (only U.S. law)? Colorado
I am suing for damages in small claims court. . . . . . . I am aware I need to respond to the Answer. (?) . . . .

Well you are "flat" wrong because you DO NOT “need to respond to the Answer”! There is no such animal in a Colorado small claims court.* Nor for that matter not in a court of general jurisdiction. Not for the purpose you have in mind which is to deny/challenge the respondent's allegations.

All that is permitted is a claim, a response to the claim and/or a counterclaim. Period!

In fact in Colorado small claims court a litigant cannot move to strike a pleading regardless of how scandalous it is deemed to be.
____________________________


[*]"Colorado Rules of Civil Procedure (applicable to small claims court) Rule 505. Pleadings and Motions.

(a) Pleadings. There shall be a claim and a response which may or may not include a counterclaim. NO OTHER PLEADINGS SHALL BE ALLOWED” (Emphasis added)

 

[latigo]

Like has been said, state the facts of the case in the letter and answer the questions. Any evidence you have save that for the trial and show to judge at that time. He will take that into consideration before rendering a verdict. Good Luck.

No real certain as to what it is that you are " recovering" from, RM. Could it be such uneducated, misleading foolishness as the above?