kab

CO Simplified Civil Summons w/ no case number

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First of all, I very much appreciate this forum. Thanks to all who volunteer their time and expertise. I've received a Summons with a Complaint Under Simplified Civil Procedure. There is no case number, no court room and no evidence. XYZ is claiming I owe them a little under $600 for some old bank account.

I'm attempting to form an answer, but how do I answer when there is no case number?

Edited by kab

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Upon further research it appears they have 10 days from when they served me to file the complaint? So if that was Oct 29th would that be Nov 7th?

How the heck do I find out if they've filed.

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Call the clerk of court at the court in which they've claimed to file suit, and ask if there's a case number associated with that company's name and your name.

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Call the clerk of court at the court in which they've claimed to file suit, and ask if there's a case number associated with that company's name and your name.

Will do. Thank you very much.

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With the 10-Day process in most states they tell you to call 12 or 13 days after being served, since it can take a few days to process it into the system. Where this is applicable, they hope someone panics and calls them to settle saving the even the cost of filing.

However if this is a JDB, you might consider sending them a proposed answer with a counter claim or two ahead of time, you may get them to settle with you on your terms.

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Seeing as I need more posts anyway... two questions.

1. Is the 10 day time for them to file a complaint business or calendar? They served me on 10/29, so if it's calendar tomorrow is the last day. I plan on calling Tue, Wed, Thu to check.

2. If they don't file a complaint, how do I file an answer? I've also read that if I file the answer and they had not filed within the 10 days I need to "reserve" the issue. How do I do that?

I would guess it's something I add to the answer but I haven't found a clear answer (no pun intended) on it in my searches, at least not specific to this state and procedure.

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Just so you know, some JDB's have a sneaky habit of sending out summons with missing information, in an effort to jolt you into coughing up money for them.

Like the previous posters have suggested, it is important for you to call your local clerk of court to find out the status. If the JDB takes too long in actually filing a case against you, you may be able to go after the JDB in court at a later date.

Keep calling your local court, show up if you need to. With any outcome, these actions now will save you lots of time and heartache later.

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Thanks. Yes, I'm planning on calling the 8th, 9th and 10th, which are days 11-13. It doesn't appear they have any evidence, they're not the OC and I'm pretty sure they're the third or fourth company that's tried to collect.

I need to form my answer this week though, I want to make sure I don't miss my 20 days.

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By the way, is there some way to basically offer to settle because it's not worth my time without admitting anything or otherwise hampering my case? I'd rather not have to go through the trouble, I'm only doing it out of principle. If I could get it down to $200 or less I would let it go.

Otherwise... screw 'em.

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Is this your debt? Can you be certain that IF you can settle for say, $200, they will remove this item from your credit report? Can you be certain that they will remove it from all 3 credit reports? Can you guarantee the collections people won't come after you a second time?

I think it's in your best interest to verify the debt, and if necessary fight it.

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Is this your debt? Can you be certain that IF you can settle for say, $200, they will remove this item from your credit report? Can you be certain that they will remove it from all 3 credit reports? Can you guarantee the collections people won't come after you a second time?

I think it's in your best interest to verify the debt, and if necessary fight it.

I have to agree here, you would not believe how many people I know actually pay JDB's after I tell them to fight it and then come talking to me when the same debt comes back hunting them a couple years down the road.

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I also just want to mention the pitfalls of paying EVEN A SINGLE DOLLAR on a debt that is NOT yours.

If you pay even ONE dollar on a debt that DOES NOT BELONG TO YOU, you are legally now responsible for that debt.

The argument is, "Well, if it wasn't your debt, why did you pay anything to reduce it?"

I will highlight the flaws in using entries on your credit report as a reason to pay anyone anything. I will also highlight where your reasons for wanting to pay this debt coincide with the fallacious (bogus) arguments the debt collection industry uses to force or coerce you into paying this debt.

It's an argument hard to get out of for the average consumer. "It was on my credit report." is NEVER a good reason to pay money on a debt that you are not sure belongs to you.

Don't screw yourself early on by paying a single cent. Sure, it's on your credit report now and it's depressing your credit score. This is STILL NOT A GOOD REASON TO PAY money toward a debt you are unsure belongs to you. If this debt turns out to NOT belong to you, you will have the tradeline removed from your credit report. You may even have grounds to SUE and WIN MONEY DAMAGES. Extra cash will help you pay off other loans. The removed tradeline will improve your credit score over time.

You may want to save yourself from potential litigation that may arise from NOT paying the debt. However, if this debt factually does not belong to you, you can raise this as a defense if and/or when the JDB decides to take you to court. Make sure you request debt validation via Certified Mail, Return Receipt Requested and hang on to copies of your original letter and the Return postcard showing he JDB got your letter.

They continue to report this debt and adding on interest, so if I pay, I can stop the interest and fees from accruing. There are also multiple inquiries on my credit report because of this tradeline. Did you request and receive proper debt validation? Proper debt validation means the alleged creditor must provide you with a signed contract or agreement showing you knowingly entered into a contract for goods or services. Did the creditor verify? Did the Credit Reporting Agency verify? Ask for a reinvestigation before you pay a single cent. If it's not your debt, and these people continue to report it, you can SUE THEM FOR FDCPA and/or FCRA violations and get lots and lots of money.

From your original post, it almost sounds like you wanna write a check to get this out of your life and off your credit report. Put your checkbook away. Never write a check to a Junk Debt Buyer or Original Creditor if the account is in collections JDBs and even some Original creditors will take note of your bank account number and routing number and continue to debit your account, beyond what you agreed to pay. If it comes to the point where you DO end up wanting to pay this off, go to Western Union and get a money order. Photocopy it. Make notes of the tracking numbers. Know where to call or write to get a copy of the canceled money order. (I do NOT use the postal service -- this is because it is hard to track postal money orders, and it takes up to 60 days for them to secure info on whether it was cashed or not, but the USPS will not tell you who cashed it or where.)

Also, just because you pay off a debt does NOT mean that the tradeline will disappear from your credit report!! You must strike an agreement, in writing, with the collector/original creditor which specifically states something along the lines of, "By paying $X.XX, CrappyCollections will remove ALL tradelines relating to this debt from SusyDebtor's TransUnion, Experian, and Equifax Credit Reports."

I really hope the above was helpful.

Edited by MehtaMar

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You need to read this article on the CO Simplified Procedure. It appears that discovery is not allowed and several other important rights if you do not opt out in a timely manner. You do not state whether this is really a JDB, or an OC. For a JDB discovery is the death knell of their case since they are totally unable to comply with even basic discovery with anything admissible.

On the other hand you can tie their hands fast and quick since they are not likely to have anything admissible at their mandatory disclosure date. You then move to strike everything they make up and be done with the case much faster.

http://www.dgslaw.com/documents/articles/holmemay2004.pdf

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