September 25, 2019
“Man, I can't wait for this collector to sue me already!” — said no one ever.
No one likes getting sued for a debt. This article makes the process of responding to a debt lawsuit a little bit easier and tells you how to answer a summons for debt collection in Colorado.
Below, you'll find helpful topics on how to answer a summons for debt collection in the Sunshine State. This list includes information specific to filing in Colorado, like state deadlines and forms.
21 days - You only have 21 days to file an Answer with the court after you're served the Summons and Complaint, according to Rule 12(a)(1).
Answer Form - This is Colorado's general answer form for civil lawsuits like debt collection cases. Use it to respond to the Summons and Complaint.
To begin the lawsuit, the plaintiff will serve you with two documents either by mail or in person. These documents are called the Summons and Complaint. In Colorado, you have only 21 days to respond by filing an Answer. You can respond with either an Answer document or a Motion; usually, you'll want to respond with an Answer document.
If you don't respond within the 21 day period, you will automatically lose your case by default judgment.
There are three steps to respond to the complaint.
Let's check out each step.
Answering the complaint can be scary, but with these instructions, it will be simple. Just read the complaint and then decide how you want to respond to each numbered paragraph. You can respond in one of three ways:
Choose one of these responses and write it into your Answer. List each answer with the number for the corresponding paragraph.
Many attorneys recommend making a general denial, where you deny everything in the complaint and force the other side to prove everything. Use the Colorado form and follow its instructions.
An “affirmative defense” is a reason why the person suing doesn't have a case. List these defenses on your answer.
Here are some of the more common defenses we see:
These are a few of the many affirmative defenses. Being unable to pay the debt is not normally a legal defense to the debt.
Believe it or not, a lot of people get this far and then never actually file their answer. Don't be one of those people.
Here's what you need to do to file your answer.
The address for both should be in the Summons and Complaint you received in the mail.
So, in short, here's the review on how to answer a summons for debt collection in Colorado.
Do these steps: