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summons

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measureman

Junior Member
What is the name of your state (only U.S. law)? Colorado
I was served a court summons for unpaid medical bills.
The summons had no case number on it.
I checked the court docket and it would not show my name with out putting in a case number.
The debts were listed on it were from 5 claims and the total amount was on there.
Can they really sue for 5 debts on the same summons?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Colorado
I was served a court summons for unpaid medical bills.
The summons had no case number on it.
I checked the court docket and it would not show my name with out putting in a case number.
The debts were listed on it were from 5 claims and the total amount was on there.
Can they really sue for 5 debts on the same summons?
Yes. Claims can be consolidated.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Colorado
I was served a court summons for unpaid medical bills.
The summons had no case number on it.
I checked the court docket and it would not show my name with out putting in a case number.
The debts were listed on it were from 5 claims and the total amount was on there.
Can they really sue for 5 debts on the same summons?
The reason the clerk had no case number or record of the lawsuit at the time you made inquiry is because the complaint had yet to be filed with the court.

In Colorado the plaintiff has the option of initiating the lawsuit by filing a complaint with the court and having the clerk issue the summons: OR by serving upon the named defendant a summons prepared by the plaintiff's attorney and a copy of the complaint. After which (no less than 14 days - which can be waived by the defendant) the complaint must be filed with the court. (See: Rule 3 "Commencement of Action" and Rule 4 "Service of Process" - Colorado's Rules of Civil Procedure.).

Essentially this alternative method it is no different that a detailed letter of demand and allows the defendant the opportunity of voiding the added costs and repercussions of a formal lawsuit.

And yes, provided the plaintiff is the real party of interest and the defendant is the obligor, the plaintiff can include separate counts in the same lawsuit covering separate debts allegedly owed.
 

measureman

Junior Member
the collection agency is willing is waive the attorney fee of $250.
the debt is $1912.58
they will take $1670
this is causing both my wife and me a lot of stress.
we are thinking about just paying it and moving on.
 

Zigner

Senior Member, Non-Attorney
the collection agency is willing is waive the attorney fee of $250.
the debt is $1912.58
they will take $1670
this is causing both my wife and me a lot of stress.
we are thinking about just paying it and moving on.
If you know you owe it, that's probably a wise move.
 

quincy

Senior Member
the collection agency is willing is waive the attorney fee of $250.
the debt is $1912.58
they will take $1670
this is causing both my wife and me a lot of stress.
we are thinking about just paying it and moving on.
A pretrial settlement is always an option. If you know you owe the money, and you have no legitimate defense (e.g., statute of limitations), settling with your creditor now can be smart.

Make sure if you DO pay the agreed-upon amount that you get a "satisfaction letter" dated and signed by the creditor stating that the named debts have been satisfied in full and that there are no remaining outstanding amounts owing that are subject to collection action. It can be best to have an attorney draft the letter for you.

Good luck.
 

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