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Sued by Webcollex in Colorado


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Please help what to prepare before court trial.

 

1. Who is the named plaintiff in the suit?  Webcollex, LLC DBA CKS Financial

2. What is the name of the law firm handling the suit? Machol & Johannes

3. How much are you being sued for? $ 1,205.00

4. Who is the original creditor? (if not the Plaintiff) World’s Foremost Bank Cabela’s Club Visa

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

6. How were you served? Mail.

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent me a letter about the alleged debt and I sent them DV, they replied and after a month or so they served the summons.

9. What state and county do you live in? Colorado.  

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to my credit report last date of payment was year 2012.

11. What is the SOL on the debt? To find out: 6 Years.  

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). Trial is set in May 2016

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. YES.

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? Already done, case is pending trial.  

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

 

I have read the card agreement of Cabelas and found out there is no arbitration clause so I have to go to court.

 

  1. What do I need to do while waiting for the trial day?

  2. I read the Colorado court rules but it is just too much for me to comprehend.

  3. I would like someone here who had gone through the court in Colorado, to share their knowledge and experience please.

  4. What paperwork do I need to prepare before the trial day?

Any inputs and information will be so helpful and will be appreciated.

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1 hour ago, laradee23 said:

8. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent me a letter about the alleged debt and I sent them DV, they replied and after a month or so they served the summons.

Are you saying that the response to the validation request was a summons?

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1 hour ago, nascar said:

Are you saying that the response to the validation request was a summons?

They responded to the validation with information about the debt. Just a generic letter with my name, my cabela's account #, and the amount owed. And then after a month or so they served me a summons.

 

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