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Is issuing a summons/complaint but not actually filing a common tactic?

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1. Who is the named plaintiff in the suit?
Discover Bank

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

3. How much are you being sued for?
Less than $1,500

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

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

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
I asked them for proof of debt, they sent me a stack of credit card statements in response.

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

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
May 2015


I was issued a summons on May 25th 2016 (14 days ago as of this writing).  When I received it the case number was left blank which I felt was quite odd.  So as I am typing up my answers and documentation to file with the court I figured it's time to call up my local court and get my case number.  Well they called back saying nothing was on file.  I completely missed (in relatively small print in an obscure area) part of the summons that says "A valid summons may be issued by a lawyer and it not need contain a court case number".. It goes on to say that they have 14 days to file a case after the date of the serving.  Well today is June 9th, it has been over 14 Days.  Is this a common tactic that they issue a summons then proceed to not even file?  I did send them letters via certified mail requesting arbitration via JAMS pretty much the next day after being served so maybe that scared them off?

Okay so I guess my questions are, when I call up the court tomorrow and assuming there is still no case filed against me, what should my next step be?  Should I do anything at all?  Do I still show up on the date given to me at court?  I'm not sure where to go from here if this was indeed a bluff by them.  Thanks.

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2 hours ago, shellieh98 said:

Yes, Colorado they always serve you, you won't get a case number until you go down and answer it.  They wait until the person is served, then they file, that way ithey don't pay unnecessary filing charges, should they not be able to serve you. 

Hmm alright, thank you.  But it has been 14 days and the clerk cannot find a case for me in the system.  How does that work?  Why do they get to wait until I answer if they haven't even filed yet?

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