Legal Question in Credit and Debt Law in Colorado

If a debt collector has their attorneys serve me with a summons, is it too late to negotiate the debt that is now twice the original amount?


Asked on 1/26/11, 2:45 pm

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

It is not too late to negotiate.

You will need to file your answer, all affirmative defenses and possible counterclaims on or before the date stated in the summons. Review the summons closely. This is critical. You also need to study the procedure rules. They are online here (press the Colorado Court Rules link) http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp;= Once you file the answer, you then have time to negotiate with the plaintiff.

You should review the resources at the Colorado Judicial Branch website. JDF 96 discusses answers and counterclaims. http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/27. Here is a brochure about representing yourself http://www.courts.state.co.us/userfiles/File/Self_Help/pro se sheet Word 09 2009.pdf

You can also go to a law library and speak with the reference librarian. They can guide you to practice resources that have forms and discuss the law at issue. You should also see about the DIY resources and books available at nolo.com. An excellent book is this one http://www.nolo.com/products/represent-yourself-in-court-RYC.html. They also have other books on small claims and some state specific guides (normally for California). These are good places to start.

If you cannot afford an attorney for full representation, I would still strongly recommend that find an attorney to assist you on a limited representation. In this representation the attorney does not represent you in court, but they are a resource to discuss your matter and assist on strategy and procedure.

DISCLAIMER�This answer is for informational purposes only and is not legal advice regarding your question. This answer does not establish an attorney client relationship.

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Answered on 1/29/11, 7:50 am


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