cokeguy223 Posted June 13, 2016 Report Share Posted June 13, 2016 I was served on May 25th, no case was filed until 16 days later (Friday, June 10th). Furthermore there wasn't even a case number for me to file an answer until today, June 13th. The deadline to file an answer is June 15th. This is against Discover, original collector, representing them is Moore Law Group. My question is, do I have a case to dismiss this entirely or will a judge just laugh at me? The summons paperwork clearly states they have 14 days to file a case after summons was issued and they failed to do that. It seems like they were possibly being very unethical in how they handled this case because I kept calling and calling the court clerk to get a case number so I could file an answer and none never showed up until today. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted June 13, 2016 Report Share Posted June 13, 2016 48 minutes ago, cokeguy223 said: The summons paperwork clearly states they have 14 days to file a case after summons was issued and they failed to do that. No they didn't fail. It isn't 14 calendar days it is 14 BUSINESS days which does not include weekends or holidays which Memorial day was the first Monday after you were served. They filed 11 days after you initially received the paperwork they are not out of the 14 day window. 49 minutes ago, cokeguy223 said: My question is, do I have a case to dismiss this entirely or will a judge just laugh at me? In my opinion: no you don't have a legal basis for a dismissal. Quote Link to comment Share on other sites More sharing options...
cokeguy223 Posted June 13, 2016 Author Report Share Posted June 13, 2016 Alright, thank you for the response. Pretty absurd in my opinion that they basically have up until the last second to file leaving you almost no time to submit an answer.. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted June 13, 2016 Report Share Posted June 13, 2016 15 minutes ago, cokeguy223 said: Pretty absurd in my opinion that they basically have up until the last second to file leaving you almost no time to submit an answer.. You have had since May 25th to write an answer even if you couldn't file it right away. I would have been drafting my answer from the second I got served and recovered from the shock of it. That way when they did finally file all I had to do was drop it to the court clerk. If you waited until now to start drafting a response then that is on you. Quote Link to comment Share on other sites More sharing options...
cokeguy223 Posted June 13, 2016 Author Report Share Posted June 13, 2016 4 minutes ago, Clydesmom said: You have had since May 25th to write an answer even if you couldn't file it right away. I would have been drafting my answer from the second I got served and recovered from the shock of it. That way when they did finally file all I had to do was drop it to the court clerk. If you waited until now to start drafting a response then that is on you. Don't get me wrong it's all written up but they left me two days to file an answer, is that typical? I've read most people have 20-30 days to file an answer. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted June 13, 2016 Report Share Posted June 13, 2016 6 minutes ago, cokeguy223 said: Don't get me wrong it's all written up but they left me two days to file an answer, is that typical? I've read most people have 20-30 days to file an answer. It isn't typical but it depends HEAVILY on your state law. Unfortunately your state has some unusual practices that most do not use. Yes many other states provide 20-30 days to answer. Quote Link to comment Share on other sites More sharing options...
debtzapper Posted June 14, 2016 Report Share Posted June 14, 2016 @shellieh98 is from CO. Let's see if she can respond. Quote Link to comment Share on other sites More sharing options...
shellieh98 Posted June 15, 2016 Report Share Posted June 15, 2016 Colorado gives you 30 days to answer. But yes, they always serve before they file so they won't pay un-neccessary filing fees should they not be able to serve you in a timely matter. Co. system is screwey. You also have no discovery unless granted by the court unless you are in superior court. They send "disclosure". Since this is an original creditor case, they will probably have everything they need. If it is for under 5k, I would demand arbitration (not the court mandated one that is in some colo. counties) I believe Discover has a JAMS clause, if so, this might be your best route to take. Discover can go either way, but I would take my chances with Arbitration. 1 Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.