Legal Question in Credit and Debt Law in Colorado

My wife received a summons from a debt collector (I was named on the summons, but wasn't served any papers). We hadn't gotten any correspondence about this debt prior to the summons. My wife called the collector to arrange a settlement. They added court costs and legal fees to the settlement amount. Then they required an immediate down payment. She agreed, and paid the down payment. Since then, we have called the court and found that the collector still has not filed the settlement with the court. The collector refuses to send us proof of the settlement in writing, insisting that "we don't need it since it is being sent to the court". We still don't have this documentation (only a receipt for the down payment). What do I do now, the court date is coming up in a few days? Also , can they charge us for their court and legal fees on an out-of-court settlement?


Asked on 1/28/13, 5:46 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

I wish you would have posted here or contacted an attorney before you signed anything. Your rights and options depend on the settlement terms. Normally, the creditor will just ask to stay the suit pending payment of the entire settlement. Here, they may not have done anything as they may hope you just default and that gives them other options. It is impossible to say without reviewing the settlement.

Please provide the settlement to an attorney immediately and do not miss the answer date or you will default. This needs to be handled now.

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Answered on 1/29/13, 7:37 am


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