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Answer under Colorado Simplified Civil Procedure


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This question is specifically for individuals with knowledge of the Colorado Simplified Civil Procedure. I recently received a summons and complaint from a JDB. The summons states:

A copy of the complaint against you and an answer form which you must use if you file an answer are attached.

My question is whether I truly "must use" the answer form (CRCCP Form 3) or if I can draft my own answer that is properly formatted, leave out unnecessary sections such as cross claims, and have additional paragraph numbers. In other posts from members in Colorado, it appears that scj09 did use the given answer form but that Izzblizz did not (sorry, I tried to include links to those posts but I can't because I'm a n00b.)

I can't find anything in the Colorado Rules of Civil Procedure to indicate that my answer must be on the attached answer form. JDF 96 (instructions for filing an answer) doesn't specifically state that the pre-printed answer form is required.

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I never have used the form included in the papers served me and have not had a summary or default judgment filed against me yet. Neither have I had a judge reprimand me for not using the included form. I simply answered using the proper format (pleading format) and answering every part of the complaint and included my own cross-claims.

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Thanks TemperOfFate. I've read nearly all your posts regarding civil suits. I very much appreciate you taking the time to respond to me. I actually tried to PM you but it won't let me until I have more posts.

I received the summons about 10 days ago yet the court date listed on it isn't until September. Civil procedure says I have 20 days to file an answer. What happens after I file my answer? Will the September court date turn into a pre-trial hearing? Or will a different date be scheduled?

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Thanks TemperOfFate. I've read nearly all your posts regarding civil suits. I very much appreciate you taking the time to respond to me. I actually tried to PM you but it won't let me until I have more posts.

I received the summons about 10 days ago yet the court date listed on it isn't until September. Civil procedure says I have 20 days to file an answer. What happens after I file my answer? Will the September court date turn into a pre-trial hearing? Or will a different date be scheduled?

I just did this in Colorado, I went to the county clerk's website and downloaded a word document version of the form and filled it out and filed it. Leave it simple. From what I've read, the less you state the better--you don't want to accidentally admit to something. If you look at my post history you can see what I did--however my answer ended up looking slightly different than what is in the original post. I denied everything and stated as an defense that the plaintiff lacked standing.

You will probably get called by the law firm and they will try to get you to admit that the account in question is yours. Don't answer the question. Just say your not providing any information and that you plan on filing an answer.

Once you file your answer, you won't need to go to court on the date specified on the summons. The clerk will explain to you that you will receive a notice for a pre-trial conference.

I never received that because the law firm dismissed the lawsuit as soon as I filed my answer...

Will

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Hi Will.Hall, thanks for your response. It is great to hear from other people in Colorado. I wish this site had a way to search for users by location. I've been keeping my own list as I find them and have read through all threads I can find from Colorado folks.

I'm glad to hear that the law firm dismissed your case. I read the complaint you posted and it is exactly the same wording as mine so I'm certain we're dealing with the same attorney.

I'm going to keep the response part of the answer nice and short. Admit paragraphs 1 & 4 (jurisdiction & civilian), deny 2 & 3 for lack of information (amount due, etc), and include a final general denial just in case.

For additional/affirmative defenses, I do plan to state a number of these because they are lost if not included.

I am also going to include a counter-suit because I don't want them to be able to quickly dismiss when they see I mean business. I want this dismissed with prejudice or, even better, I want a settlement agreement to restrain them from selling it to another JDB to try the same thing again (and I'd love to get a check from them like others have done.)

I'll keep you posted with my results.

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I'm going to keep the response part of the answer nice and short. Admit paragraphs 1 & 4 (jurisdiction & civilian), deny 2 & 3 for lack of information (amount due, etc), and include a final general denial just in case.

For additional/affirmative defenses, I do plan to state a number of these because they are lost if not included.

I am also going to include a counter-suit because I don't want them to be able to quickly dismiss when they see I mean business. I want this dismissed with prejudice or, even better, I want a settlement agreement to restrain them from selling it to another JDB to try the same thing again (and I'd love to get a check from them like others have done.)

I'll keep you posted with my results.

When you deny do it like this:

1. Admit

2. Deny

3. Deny

4. Deny

5. Admit

Then list your affirmative defenses...

Don't provide any additional information when you deny. Just say "Deny". Also, careful on the affirmative defenses--you don't want to use a defense that could be construed as you actually taking ownership of the account in question... make them prove it's your account.

I think lack of standing is the best one to use, because they would have to show they actually own the account in question (which they can't do)

You can also add a line that states you reserve the right to add more defenses as they become known during discovery.... Which would allow you to add more later..

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Curious, how much are the asking for in the complaint (roughly)?

I'm willing to bet money, if you file an answer--they will file to dismiss..

Please keep me updated :) and remember never admit to having an account with anyone--just refuse to answer if they call you (they will call you).

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