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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17248
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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I have a summons for el paso county court from a creditor.

Customer Question

I have a summons for el paso county court from a creditor. I called on this debt and she said I can pay by tomorrow and she won't file it so is this a fake summons it is not signed or dated by the clerk. Does this violate the fair practices act.
Submitted: 3 years ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 3 years ago.

WALLSTREETLAW :

Hello and welcome. My name is Wallstreetfighter I am a Licensed practicing attorney and my goal is to provide you with excellent service today.

WALLSTREETLAW :

It may not be a fake summons, if you were issued the notice,

WALLSTREETLAW :

and it states you have to file an answer within a certain time,

WALLSTREETLAW :

it may be real, but not filed in Court,

WALLSTREETLAW :

Under the law in CO The summons shall contain the name of the court, the county in which the action is brought, the names or designation of the parties, shall be directed to the defendant, shall state the time within which the defendant is required to appear and defend against the claims of the complaint, and shall notify him that in case of his failure to do so, judgment by default may be rendered against him. If the summons is served by publication, the summons shall briefly state the sum of money or other relief demanded.

The summons shall in the signature element thereof, contain the name, address, and registration number of the plaintiff’s attorney, if any, and if not, the address of the plaintiff. Except in case of service by publication under Rule 4(g) or when otherwise ordered by the court, the complaint shall be served with the summons, and in all other cases service of a summons alone after the effective date of this amended rule shall not constitute service of process. In any case, where by special order personal service of summons is allowed without the complaint, a copy of the order shall be served with the summons.

WALLSTREETLAW :

However, if the summons you were given

WALLSTREETLAW :

does not follow the above rules for your State,

WALLSTREETLAW :

it may be fake, and if fake it would be a violation of the Fair Debt Collections Act,

WALLSTREETLAW :

You could file a complaint with the FTC regarding this matter, and they can investigate,

WALLSTREETLAW :

If an attorneys name is listed on the summons you can advise them that you will be filing a complaint,

JACUSTOMER-kehb7vbh- :

Wet

JACUSTOMER-kehb7vbh- :

So they can send me a summons even if it has not been filed with the court

WALLSTREETLAW :

It would not be a binding Court document without an index or docket number,

WALLSTREETLAW :

so I do not see how it would be registered with the Court without a number,

WALLSTREETLAW :

also in CO, the creditor has to send you a demand letter first before any lawsuit

JACUSTOMER-kehb7vbh- :

It has all of the above information the lady I talked had stated I could pay now and skip the filing fees if I paid before it was filed

JACUSTOMER-kehb7vbh- :

She stated she had sent a demand letter but I have recieved nothing

WALLSTREETLAW :

You should contact her and advise them that you did not receive any demand letter, and the summons has no index number,

WALLSTREETLAW :

and that you feel you are being scammed by them, and will file a FTC complaint, unless they reduce the debt to 10% of the amount,

WALLSTREETLAW :

and see if they will settle with you

JACUSTOMER-kehb7vbh- :

Thank you so much for this information. I was just beside myself as she wanted the debt and 110% in fees I can pay the debt but not her fees thank you thank you so much

WALLSTREETLAW :

You should try to settle the debt for 40% and also threaten a bankruptcy as well.

WALLSTREETLAW :

Good luck, and if you have any further questions please do not hesitate to ask.

WALLSTREETLAW :

If satisfied please provide us with positive feedback, thank you

WALLSTREETLAW :

if you have any further questions please do not hesitate to ask.

If satisfied please provide us with positive feedback, thank you