Legal Question in Credit and Debt Law in Colorado

You should contact an attorney before you file an answer. There are many attorneys who practice in this area. If you cannot afford an attorney, you will need to file your answer, all affirmative defenses and possible counterclaims on or before the date stated in the summons. You may want to Google the term affirmative defenses to explain and provide samples. You cannot miss the answer date or you risk a default judgment.

You should also make sure that the debt is still within the statute of limitations and see if they have violated the Fair Debt Collection Practices Act and similar Colorado Act. Here is a good discussion on the FDCPA http://www.privacyrights.org/fs/fs27-debtcoll.htm. Here is discussion on the Colorado act http://www.coloradoattorneygeneral.gov/departments/consumer_protection/uccc_cab/cab/consumer_rights_information_english. Finally, review this about statutes of limitations http://www.nolo.com/legal-encyclopedia/article-29805.html.

If you can, I recommend that you go to a law library and speak with the reference librarian about this matter. 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 get legal counsel for full representation, I would still strongly recommend that you see if an attorney would assist you on a limited representation. In this representation the attorney does not enter an �appearance� and they will just act as a resource to discuss your matter and assist on strategy and procedure.

As to suit against this person, that depends. Did you have a contract with them? Do you have proof of this contract? You can always sue someone. The question is whether you will win that suit.

DISCLAIMER�This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.