Legal Question in Credit and Debt Law in Colorado

I did something stupid. I received info from a server, but it said that I was just simply supposed to start making payments to a collector. It had no date to appear so I assumed that it wasn't valid and I didn't call the court. BIG MISTAKE. I was just served with papers tonight that said I have to appear in court and explain why I should not "be held in contempt of court and further why you have failed to file your answer to the Plaintiff's interrogatories with this court on or before ten days after your receipt of said interrogatories" I am a single mom of 4 kids and the appear date is before Christmas. Am I going to jail? (more than 10years ago I had 2 failure to appears for traffic court and paid my fines when they caught up with me, but I am worried that now I will serve jail time. I made a stupid ignorant mistake, to top it off I work for a school district and cannot afford to lose my job if I got jail. Please help, how serious is this. Of course I am going one way or the other on the court date, but with no prior history (except for the 10 years ago things) will I need to plan for my kids to be with someone while I serve jail time? What should I tell the judge?


Asked on 11/11/09, 9:40 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

It is not possible to know the issues without review of the motion and the order. Did the motion and order discuss sanctions like �[p]unishment by unconditional fine, fixed sentence of imprisonment, or both, for conduct that is found to be offensive to the authority and dignity of the court.� If that is the case, this may be a matter of punitive contempt and what normally happens is that the first hearing is to advise you of your rights. If the motion and order referred to �[s]anctions intended to force compliance with a lawful order or to compel performance of an act within the person's power or present ability to perform� then this is remedial contempt and they are looking for you to comply with the order, which in your case seems to be answering interrogatories.

This is a complex issue and is not something to guess about and your question can�t be answered accurately online. You need to contact an attorney now and see if they can advise you. It may be as simple as calling the other side and coming to an agreement. It may not be that simple. It all depends on more facts and review. Contact an attorney.

DISCLAIMER�This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice.

Read more
Answered on 11/17/09, 10:14 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Colorado