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Colorado Procedure Question


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I have checked out the court rules on my county/state website but don't find anything specific to my situation/question.

 

I just received a "Notice to Set for Pretrial Conference by Telephone". Is this telling me that the attorney is asking to set up a pretrial conference with the judge OR is this telling me the actual pretrial conference is already set and I need to be there? It has a date and time on the notice (Thursday morning).

 

I have the feeling that this is just asking to set up a time for pretrial conference as it says "PLEASE TAKE NOTICE that on August XX, 2013, at X:XXam, the undersigned will apply to the Court to set this case for a pretrial conference."

 

What do I need to have ready? Am I too late to get discovery requests out to the attorney? I have been moving so I sure hope I haven't dropped the ball and completely left something out.   :please:

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So answer these questions, but take out any personal info. They could be asking for a number of things depending on the status of your case.

If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt? To find out:

Statute of Limitations on Debts

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).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

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.

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?

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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