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Last Question, I promise. Would like to forget this whole matter and move on. Does the following scenario exist?

Fort Collins, CO |

For those of you familiar with my mold, short wages, eviction ect ect...thing, I want to thank you for tolerating me through this whole thing. That is the thing though... this is not me and I have a Family that relies on me. I need to keep myself in good shape to take care of them. This whole matter has been nothing but toxic to all of us (including those of you that answered my questions and helped out) . This matter has made me very sick and depressed and kept me unproductive in doing what is most important which is take care of my Family (who is now homeless). I should be appearing by phone on Halloween coming up but I don't want to hear that mean mans voice again and I don't want to hear the Judge rule in his favor despite the law & my evidence. I want to trick or treat with my kids:)

I would like to just block this whole thing out and forget it ever happened but my fear is that that Landlord will find a way to get a ruling for even more (money) than he has already taken from us. I would like to file a motion or something to JUST STATE THE FACTS and not even deal with the phone appearance. The Landlord already admitted in the eviction hearing to getting $2115 in advance from us and to owing us wages on the grounds that we refused to sign his I9 and W4 though the CDLE has confirmed our status as private contractors. Can I just testify through some kind of written motion then just forget all about it?

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Attorney answers 3

Posted

No. Your out of court testimony would be what is termed "hearsay". The judge is not allowed to consider it. You must appear in court if you wish to present any testimony. That is the way court works in the United States.

You can reach Harkess & Salter LLC by phone or email. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

Asker

Posted

Thank you for clarifying. If I just don't appear, does the Judge usually consider facts already acknowledged at the eviction hearing such as the Plaintiff has already received $2115 from us and he also owes us wages? At this point I am not even trying to defend the money he stole from us nor the damage he caused us. I just don't want him to be able to get more than he has already stolen from us. Then one day when we are back on our feet, I get a notice from my new employer that my wages are being garnished. How does this reflect on my credit? Is it a paid off eviction or will it post as unpaid? As I write this to you I can not believe how angry it makes me and the best thing I can do is walk away and forget it. Can't believe the damage this guy got away with doing to my Family and will now haunt me for the next ten years and make it nearly impossible to get what my Family needs most right now... a roof over our head:(

Posted

Mr. Harkess is correct. If you want evidence to come in to court, you need to have people testify in front of the judge live and to be subject to questioning by the opposing side.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

Asker

Posted

So if I do not remind the court that $2115 has already been paid and that the Plaintiff has previously admitted to owing us wages in the hearing for possession, these facts would be lost and the Landlord can omit the owed wages and the fact the he was paid $2115 in advance just two weeks before he claimed we did not pay him, then tell the court that I owe him for this month and that month plus whatever damages he claims we did to his property and all my previously paid money and the wages he did not pay us will vanish into thin air if I don't appear? I am very sick now Mr.Leroi (literally) and I don't think I can take anymore! I don't want to end up hearing from this scumbag when I get a wage garnishment or when an apartment I want to rent asks about this matter then denies me. And at the same time I don't think I want to hear that evil mans voice and the inevitable ruling against me as I can't even afford to mail in my evidence:(

Asker

Posted

Would it be legal to hire someone to take the phonecall and represent me? Someone more affordable like a Sister or Brother in Law not licensed to practice law? So I don't have to deal with this matter anymore? What will happen if I just ignore it on medical grounds?

Posted

It is never a good idea to skip a court date. Doing so only makes it infinitely easier for the other side to persuade the judge. Skipping the court date creates this idea that you too believe the other side is right, so it isn't worth your time contesting the matter. Finally, it is disrespectful to the court, and the judge would be less inclined to give you a break later down the road.

In answer to your question, there is no mechanism for simply providing written testimony to the court. Sometimes a motion, requesting that the court take specific action, can be accompanied by supporting affidavits (a form of written testimony) relevant to the motion. But a court will not accept an affidavit submitted by itself in substitute of live testimony at a hearing. The entire point of the hearing is for the court to see, hear, and understand you and for the other side to have the chance to cross examine your testimony to test its veracity. None of that can be accomplished via an affidavit. In sort, once the court determines that a hearing is need, the whole point is to have live testimony.

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