Legal Question in Credit and Debt Law in Colorado
I want to counter sue. A company is trying to sue me but it's identity theft. They tried to serve me at work when I clearly wasn't there and no one signed for it either not to mention a harassing phone call I received. What should I do
1 Answer from Attorneys
You cannot counter-sue for identity theft unless you have evidence that the creditor is the thief. Otherwise what you have is a defense and a third party claim, not a counter-suit.
No one has to sign for papers that you are served, but if you were not properly served you can file to quash service and force them to serve you again.
As for the "harassing phone call", that might establish a claim depending on who actually called, what kind of debt this is, and what was said.
You might want to schedule a consultation with an attorney.
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