Question about Summons

[ladybug2]

What is the name of your state? Colorado

Hello! I just found this site when I was looking for legal advice and I was hoping someone could help me. Last year my husband wrote a check that bounced. It ended up with collection charges and everything else. I received a letter in the mail, and paid on the account. I thought that took care of it. Apparently, it didn't and there were other charges I wasn't aware of. I don't remember this because it happened last year. Its just something I was told when I called the creditors today.

My husband received a summons requesting his appearance in court on May 25th. The total amount they are asking is $350, plus any additional court costs. When I called the creditors about it, they explained that $80 would be added on because of additional court costs, so the total amount we owe now is $430. They informed me that if my husband brings that amount to court on the 25th and pays the attorneys, then everything will be taken care of. I would love to do that, but the problem is that we were out of town, and literally just got this summons yesterday. We do not have $430 at this time because of taxes this year, and we don't think we can come up with it in just a week and a half. I asked what would happen if he didn't have the money, and I was told that they would put a lien on our property and garnish my husband's wages by 25% My question is that I have heard that after a summons, that you can actually work out a payment plan with the court to resolve the debt. Is this true? I just don't want to risk going to court thinking we may be able to do a payment plan, and then find out we can't, and that they are now going to garnish my husband's wages because we didn't bring the $430. Any help would be greatly appreciated! Thank you!

[seniorjudge]

Originally Posted by ladybug2

What is the name of your state? Colorado

Hello! I just found this site when I was looking for legal advice and I was hoping someone could help me. Last year my husband wrote a check that bounced. It ended up with collection charges and everything else. I received a letter in the mail, and paid on the account. I thought that took care of it. Apparently, it didn't and there were other charges I wasn't aware of. I don't remember this because it happened last year. Its just something I was told when I called the creditors today.

My husband received a summons requesting his appearance in court on May 25th. The total amount they are asking is $350, plus any additional court costs. When I called the creditors about it, they explained that $80 would be added on because of additional court costs, so the total amount we owe now is $430. They informed me that if my husband brings that amount to court on the 25th and pays the attorneys, then everything will be taken care of. I would love to do that, but the problem is that we were out of town, and literally just got this summons yesterday. We do not have $430 at this time because of taxes this year, and we don't think we can come up with it in just a week and a half. I asked what would happen if he didn't have the money, and I was told that they would put a lien on our property and garnish my husband's wages by 25% My question is that I have heard that after a summons, that you can actually work out a payment plan with the court to resolve the debt. Is this true? I just don't want to risk going to court thinking we may be able to do a payment plan, and then find out we can't, and that they are now going to garnish my husband's wages because we didn't bring the $430. Any help would be greatly appreciated! Thank you!

Q: My question is that I have heard that after a summons, that you can actually work out a payment plan with the court to resolve the debt. Is this true?

A: Yes, that is true. Here is the payment plan the creditors in your case want to do: "When I called the creditors about it, they explained that $80 would be added on because of additional court costs, so the total amount we owe now is $430. They informed me that if my husband brings that amount to court on the 25th and pays the attorneys, then everything will be taken care of."

[Chien]

The following is your state's bad check law:

Section 13-21-109 of the Colorado Revised Statutes provides that any person who obtains money, merchandise, property, or other thing of value, or who makes any payment of any obligation other than an obligation on a consumer credit transaction, by means of a bad check may be liable to the holder of such check, one of the following amounts, at the option of the holder:

1. face amount of the bad check plus actual damages; or

2. face amount of the bad check plus any reasonably posted or contractual charge not to exceed $20.00 and cost of collection of 20% of the face amount of the check but not less than $20.00, if the check has been assigned to a licensed collection agency for collection; or

3. if a written notice, conforming to the statutory requirements, demanding payment has been sent, and the maker of the bad check fails to pay as demanded within 15 days after the notice is given, three (3) times the face amount of the check but not less than $100.00.

The written notice must include the date the check was issued, the name of the drawee, the name of the payee, the face amount, a statement of the total amount due pursuant to the C.R.S. 13-21-109(2), a statement that the maker of the bad check has fifteen (15) days from the date of the notice within which to make payment in full, and a statement that if payment is not made as demanded within fifteen (15) days, the maker may be liable in a civil action for three (3) times the face amount of the check, but not less than $100.00, court costs and attorneys fees. The notice must be sent by certified mail, returned receipt requested and postage prepaid. (C.R.S. 13-21-109(3).)

The treble damages provided under the said statutory provision does not permit the holder of a bad check to assert such right unless and until a final judgment is determined by a court of competent jurisdiction in a civil action. (C.R.S. 13-21-109(5).)

Since you don't mention the amount of the original check, it's difficult to calculate the accuracy of the total demand, but three things stand out:

First, imposition of damages, if the claim includes damges, requires a certified demand. Did you get one?

Second, you say that you paid the amount of the original check. At least in my exprience, courts don't impose damges, when the original check has been paid (although you could still be liable for filing and service costs and the 20%-of-face-amount collection cost).

Finally, as SJ points out, it would appear that the most costly judgment that would be imposed is the one they've demanded. But it will only be imposed if the case goes to judgment. If you pay the attorneys as suggested, the case will be dismissed and won't go to judgment. Therefore, if the Court would have awarded less, you will have overpaid.

(Although, in fairness, if it goes to judgment in any amount, the fact of the judgment could end up on your credit record, even if you promptly satisfy it.)

[ladybug2]

Thank you for your replies, I appreciate it

The check was only for $10. It bounced, and since it was on my husband's account, I didn't know anything about it until we received a letter in the mail. The letter said we owed the ten dollars, plus 20 for the service charge, and 20 for the collection charge. The total amount was $50. I called them and paid this by phone last year. But apparently there is more, because the summons says (on the second page, number 3 in the complaint):

"That the amount claimed from Defendant (then it says my husband's name), is $350.00, together with proper interest, plus any additional court cost and any other items allocable by statute or specific agreement."

When I called the collection agency about the summons, the collection agency said an additional $80 would be added on when we went to court, and that that would fall under the "plus any additional court cost" part of the summons.

I guess at this point, I'm not really disputing the amount (because I don't know how to get out of that), I'm just worried because we don't have $430 dollars to bring to court, and I don't want my husband's paychecks garnished because then we wouldn't be able to pay our other bills. So I'm wondering, if after the hearing (or whatever it's called), if we can make arrangements to do payments? Or if we're going to have to pay that entire amount right then? That's what I'm mainly worried about. And if we can do payments, how do we go about bringing that up? Do we bring it up right when we go in, or after everything is done? And do we ask the judge if we can do this, or the court itself?

Sorry for sounding so dumb. I am so bad with all this legal stuff. It really confuses me =P