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Everything posted by skihaus

  1. I just contacted the county clerk to find out what the fee is to respond to the complaint and she suggested that I show up to the court hearing and negotiate with the attorney before the trial. It seems that this attorney is at this location quite frequently. Is this a good idea? I really feel like I'm underwater in this situation. Per the card agreement (see racecar post) attached it seems that that CAP1 doesn't allow arbitration, but I read a post earlier from 2011 that another user was pursuing arbitration with CAP1. How can this be validated if I am eligible? This seems like a viable path.
  2. I'm sorry to keep hammering at this situation, but I could use some guidance. The summons I received contained a response form. It seems that is the only thing I need to complete, send one to atty and one to the court. There is a filing fee too, but I'll need to call Monday to find out how much that is. The questions to me don't make any sense. The 1st one states, The amount of damages claimed to be due to the plaintiff by the complaint in this action is not due and owing for the following reasons: This isn't a question, but more of a statement. Could I reply, deny due to insufficient evidence? The remaining questions give me the option to counter-claim, cross-claim or request a jury, which I believe I won't do any of the above unless there is good reason I should.
  3. Thank you all for the information. After further research arbitration is not an option. I am going to respond to the summons tonight, any tips?
  4. Hello, I have been reviewing a lot of the posts today and now I am greatly overwhelmed. There is some great information on this site, but a lot of it I feel is over my head. Today I signed for a notice that states Plaintiff Cap 1, defendant me. The attorneys are Machol & Johannes which I believe are just a glorified CA or JDB. It does state summons along with a time/date to appear in County Court, Douglas County, CO. The amount they are seeking is $1700. Although the true amount is about $1300. Isn't the cost to go to court more than this debt is worth? I apologize if this has been asked before, but I really need a starting point as to next steps. It seems that I have up until said date to respond via mail or in person. Is that true? Is it an option to settle with the Machol & Johannes directly? What is the most effective manner? It seems the consistent response is to start at 30& of the original amount, in this case it would be $390. What is JAMs Arbitration and would this be an effective tactic? How do I know f arbitration is an option? I don't believe I have the cardholder agreement, unfortunately. I thought about denying all the responses that request funds due to lack of information, what usually happens next? Basically I am looking for an outline of how I should asses this situation and I would like to compare my options. I just saw this template in a the previous post about Midland and thought it would be helpful. 1. Who is the named plaintiff in the suit? Cap 1 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Machol & Johannes 3. How much are you being sued for? $1700 4. Who is the original creditor? (if not the Plaintiff) Cap 1 5. How do you know you are being sued? (You were served, right?) Served with summons 6. How were you served? (Mail, In person, Notice on door) In person today 7. Was the service legal as required by your state? Yes I signed for my wife, this legal in CO 8. What was your correspondence (if any) with the people suing you before you think you were being sued? One letter requesting payment 9. What state and county do you live in? CO, Douglas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Approx 3-3.5 years Unfortunately we are well within SOL 11. What is the SOL on the debt? I think 6 years per CO law 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Served, I'm going to prep my answer with the advice I get here. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now -it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? It seems up to court date 12/5/12 Complaints for: 1) Accounts stated Nothing attached 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No exhibits attached.