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Lucy, Esq.
Lucy, Esq., Attorney
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Hi, I received a summons for a credit card debt of $2500 in

Customer Question

Hi, I received a summons for a credit card debt of $2500 in Colorado. The summons does not have a case number XXXXX a stamp or signature from the court. Attached is an "E-Z 0ffer form" to settle or set up payment plan. Is this a valid summons and if the debt can be validated by debt collector, can I settle this debt without appearing in court? Thank You!
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

You may want to call the court to see if they have a record of a case being filed against you, just to help you decide your course of action. With that said, a valid summons must have the clerk of the court's signature. It should have a case number XXXXX a date for you to appear in court. This is what the blank summons looks like, but a valid summons needs to have everything completed.
http://www.courts.state.co.us/Forms/renderForm.cfm?Form=162


Whether the summons is valid or not, you can call the debt collector and attempt to settle without going to court. You do have to go to court if you can't reach an agreement. The fact that they sent you an offer form suggests that they're willing to work with you.

Please rate my service positively before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - otherwise, please reply so we can continue the conversation. Good luck.
Customer: replied 1 year ago.

Thanks for the prompt reply! This summons has no case number XXXXX court stamp or signature anywhere on it. It only has an auto fill signature from the attorney.


The attorney is Machol & Johannes, which appears to be a junk debt buyer. I have requested a debt validation from them. Do they have to provide that to me before the court date?


I was served yesterday and the court date is for Nov, 23 Also, I live 100 miles from Denver. Will they actually send an attorney out here for the court date and if they do not appear, what happens? Thanks!!!

Expert:  Lucy, Esq. replied 1 year ago.
It doesn't sound like that's a valid summons. The court date is usually provided by the clerk of the court, so it's odd that you would have a court date and not a valid summons. I would definitely call the court, just to make sure whether the case was really filed and there really is a trial on that date.

They will send a lawyer out for the court date because, if they don't, the case is dismissed and they automatically lose. Usually, they don't want that.

They have to provide validation of the debt at trial, if they want to get a judgment. You can serve them with a Request for Production of Documents, asking them to produce proof of the debt. If they never send you anything before trial, you can object to the evidence. The only problem is, they usually have 30 days to respond to a request, which means that you may have to ask to continue the trial date if they don't send the documents right away.
Customer: replied 1 year ago.

Are they required to file the summons with the courthouse before they serve me?

Expert:  Lucy, Esq. replied 1 year ago.
They should, because that's the only way to get the case number XXXXX the court date. Otherwise, you won't know how to file your reply or when to go to court.
Customer: replied 1 year ago.

I do have a court date of the 23rd at 8am. I did call the court clerk and there is not any record of this summons being filed with them. What do you suggest I do? Thanks!

Expert:  Lucy, Esq. replied 1 year ago.
I wonder if they were trying to say "This is what we will file if you don't agree to settle." People do that (but it's not a legal summons). The next step would be to talk to the other party to see why they sent it to you, if they didn't file it, or talk about settling.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 20406
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Customer: replied 1 year ago.

Ironically, The 23rd is the day after Thanksgiving and all of our county offices are closed...

Expert:  Lucy, Esq. replied 1 year ago.
If the courthouses are closed on the day after Thanksgiving in your area, then you definitely don't have a trial that day. That's really odd.

You can choose to do nothing, if the case was never filed, the court has no record of the case being filed, and the courthouse isn't even open on the "trial date." But, if you want to resolve it, you may want to talk to them and at least point out that they gave you an invalid date.
Customer: replied 1 year ago.

Sorry to keep bothering you! Seeing this collection agency's reputation, I think I will just appear at the courthouse on the stated date and time. I'll see if I can round up a cop to verify that I appeared as the summons requires. The summons does not require me to answer it prior to that date, only that I appear on that date. In the meantime, I'll request, in writing, a debt validation which I emailed already...

Expert:  Lucy, Esq. replied 1 year ago.
If you can verify that the courthouse is closed on that date (it might say on their website), you can save yourself a drive to Denver. They can't reasonably expect you to show up when the court has no record of the case, there's no calendar, and the courthouse is closed.
Customer: replied 1 year ago.

The summons is for out here in Park County which is almost 100 miles from Denver. That's why I was wondering if they would actually appear way out here. Park County offices are always closed on Fridays. Will this get dismissed automatically if I appear when instructed and the attorney does not appear and/or the court is not even open. I'm not even sure about the validity of the debt to begin with!

Expert:  Lucy, Esq. replied 1 year ago.
At this point, the case hasn't been filed. That means it can't be dismissed. If they actually attempted to file a court date on a day that the courthouse is closed, the clerk would reject it and it would be rescheduled. They don't want people showing up at the courthouse for no reason. Once they file the case, get a case number, and get a court date, it will be dismissed if they don't show up. But what you have, based on what you've said, isn't even something that could be dismissed, because there's no open court case associated with it.

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