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CO Rule 303 Civil Court - Prepared forced form in summons?


colorado lady
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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..
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  • 3 weeks later...

I'm not so familiar with CO procedure as I went to arb. Other posters can chime in.

My suggestion is to just deny. MJ is not above continuing suit even without the assignment.

I suggest getting the OC to state in writing that there was/never has been any attorney on record representing your account.

Then you have a stronger case against MJ in Federal Court using the FDCPA. You might even be able to get a lawyer to represent you on contingency.
The case will be separate from the current one.

 

*Just my thoughts. I'm not a lawyer and cannot offer legal advice

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The debt with Capital One has been charged off, they have NO attorney of record on my account per conversation with them last week.

 

Charged off is merely an accounting term meaning the creditor has moved it from an asset to a liability and it is no longer an active account.  It has nothing to do with their ability to file a lawsuit to collect.  

 

Machol and Johannes IS the attorney of record.  They are the firm that Capital One uses for their collection cases for lawsuit in Colorado.  They can list the firm and do not have to necessarily list a specific attorney until before trial.  Anything you need to serve can be done on the firm as a whole.

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