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I live in Colorado (Jefferson county). I just received a…

Customer Question
I live in Colorado...

I live in Colorado (Jefferson county). I just received a summons for a civil suit brought against me for an old unpaid debt. Attached are 2 bills of sale of the debt in question dated August 31, 2015 and December 7, 2010. There is an old statement included from debt owner #2, a blank "answer under simplified civil procedure" form, and a letter from the firm representing the debt plaintiff offering a settlement. Wouldn't the bill of sale from 2010 prove that this debt is beyond the statue of limitations for civil suit? What steps should I take next?

Lawyer's Assistant: Has anything been filed or reported?

Just by the plaintiff. I have a court date on Jan 16, 2018

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And to clarify, can you tell me what paperwork has been filed?

Colorado. And the plaintiff (debt collector) filed a "Complaint Under Simplifed Civil Procedure"

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 6 months ago.Category: Legal
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Answered in 2 minutes by:
1/8/2018
Lawyer: DrakeLAW, Lawyer replied 6 months ago
DrakeLAW
DrakeLAW, Lawyer
Category: Legal
Satisfied Customers: 1,038
Experience: Attorney
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Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

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Lawyer: DrakeLAW, Lawyer replied 6 months ago

Have you made any payments or acknowledged the debt since 2010?

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Customer reply replied 6 months ago
No. I was unaware of this debt until I received this summons.
Lawyer: DrakeLAW, Lawyer replied 6 months ago

Alright, and I realize this may be silly but check the date on the Complaint and ensure it wasn't filed a year ago.

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Customer reply replied 6 months ago
It's not silly. It was filed on November 16, 2017 and the court date is January 16, 2018.
Lawyer: DrakeLAW, Lawyer replied 6 months ago

Then it seems like it is outside the statute of limitations. You can either file an answer and assert that defense or give them a call and tell them it is outside and see what they say. It would be nice to know their position and see any documents they rely on before answering.

Which way do you prefer?

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Customer reply replied 6 months ago
Would you like me to scan the documents they included? I feel like officially responding to the court vs the plantiffs lawyers seems to be a safer bet. I don't trust them to "drop the case" and then I get a defaulted judgment against me.
Lawyer: DrakeLAW, Lawyer replied 6 months ago

Sure if you could attach them that would be great.

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