colorado lady

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  1. I'm submitting my answer to the County Court on Monday to this summons, as part of the summons a separate form is included which states I have to complete it, titled Answer Under Simplified Civil Procedure (Including Counterclaims(s) or Cross-Claim(S) There are 5 answers which basically say: The amount of damages claimed to be due to the plaintiff by the complaint is not due for the following: The defendant assets the following counterclaim or set offs etc. The defendant asserts __________________, the following cross claims ______________ If a Counterclaim is asserted about you must check one of the following statements: counterclaim does not exceed the jurisdiction of the court blah blah blah I found this on the State of CO site 2.8 Defendant is asserting Machol Johannes, LLC is in violation of Section 12-14-112. Deceptive forms of the COLORADO FAIR DEBT COLLECTION PRACTICES ACT, by including a “pre-determined” pleading form as part of their summons forcing the Defendant to answer this summons with “pre-determined” statements and claims. 12-14-112. Deceptive forms. (1) It is unlawful for any person to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection or in the attempted collection of a debt that such consumer allegedly owes such creditor when in fact such person is not so participating. (2) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector or collection agency under section 12-14-113 for failure to comply with this article. (3) This section shall apply if the person supplying or using the forms or the consumer receiving the forms is located within this state. I don't know if this is still part of the current law, however, would appreciate any advice, I don't want to be forced into stating I an counterclaiming etc., if I am challenging their right to collect in the first place, The debt with Capital One has been charged off, they have NO attorney of record on my account per conversation with them last week.Thanks for any help..Like ThisQuoteMultiQuoteEdit
  2. I'm submitting my answer to the County Court on Monday to this summons, as part of the summons a separate form is included which states I have to complete it, titled Answer Under Simplified Civil Procedure (Including Counterclaims(s) or Cross-Claim(S) There are 5 answers which basically say: The amount of damages claimed to be due to the plaintiff by the complaint is not due for the following: The defendant assets the following counterclaim or set offs etc. The defendant asserts __________________, the following cross claims ______________ If a Counterclaim is asserted about you must check one of the following statements: counterclaim does not exceed the jurisdiction of the court blah blah blah I found this on the State of CO site Rule Change #2000(18)CHAPTER 25. COLORADO RULES OF COUNTY COURT CIVIL PROCEDUREAPPENDIX TO CHAPTER 25. FORMS.FORM 1. Summons.FORM 1A. Summons in Forcible Entry and Unlawful Detainer.FORM 1B. Summons for Injunctive Relief for Breach of Restrictive Covenants.The Supreme Court of Colorado hereby amends the language located after the attorney signature portion of the following forms:C.R.C.C.P. Form 1. Summons.This summons is issued pursuant to Rule 303, Rules of County Court Civil Procedure, as amended. A copy of the complaint together with a blank answer form must be served with this summons. This form should not be used where service by publication is desired.C.R.C.C.P. Form 1A. Summons in Forcible Entry and Unlawful Detainer.This summons is issued pursuant to Rule 303, Rules of County Court Civil Procedure, as amended, and section 13-40-111, C.R.S. A copy of the complaint together with a blank answer form must be served with this summons. This form should be used only for actions filed under Colorado’s Forcible Entry and Detainer Act.C.R.C.C.P. Form 1B. Summons for Injunctive Relief for Breach of Restrictive Covenants.This summons is issued pursuant to Rule 365, Rules of County Court Civil Procedure, as amended. A copy of the complaint together with a blank answer form must be served with this summons. This form should not be used when must be served with this summons. This form should not be used where service by publication is desired.Amended and Adopted by the Court, En Banc, July 10, 2000, effective immediately.BY THE COURT:Gregory J. Hobbs, Jr.Justice, Colorado Supreme Court I don't know if this is still part of the current law, however, would appreciate any advice, I don't want to be forced into stating I an counterclaiming etc., if I am challenging their right to collect in the first place, The debt with Capital One has been charged off, they have NO attorney of record on my account per conversation with them last week.Thanks for any help..