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I was sent a summons, but it's been amended...but I have received a revision

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Cproctor

Junior Member
What is the name of your state (only U.S. law)? Colorado

So I'm in kind of a pickle. I was served for a medical debt of just under $1000, however, there are a couple of funny things about this summons. First of all the summons, the summons was not served to me, it was given to my mother, which of whom I no longer live with. She told the person delivering the summons that I no longer lived at that residence, but he said/did nothing about it. Secondly, looking over the list of places that were charging me, I noticed that one of the places I've never too in my life. I called the collection agency and discovered that in fact that charge was not mine, so whose to say the rest of it wasn't mine? On top of that, the principle amount on the summons did not equal the sum of all the charges listed so that was also wrong. And lastly, I received a very vague letter from the Courthouse saying that my summons was amended, whoever...I never received the amended summons nor an itemized list of the charges that I requested. I was under the impression that it was the plaintiffs responsibility to send me (the defendant) the amended summons, because I can't answer the incorrect summons, nor do I have the information to answer the "new" amended summons...please someone tell me what I should do? :confused:
 


adjusterjack

Senior Member
What is the name of your state (only U.S. law)? Colorado

So I'm in kind of a pickle. I was served for a medical debt of just under $1000, however, there are a couple of funny things about this summons. First of all the summons, the summons was not served to me, it was given to my mother, which of whom I no longer live with. She told the person delivering the summons that I no longer lived at that residence, but he said/did nothing about it.
Being served on an adult at your last known address is likely proper and since you obviously have notice of the lawsuit, there is no way around it.

Secondly, looking over the list of places that were charging me, I noticed that one of the places I've never too in my life. I called the collection agency and discovered that in fact that charge was not mine, so whose to say the rest of it wasn't mine? On top of that, the principle amount on the summons did not equal the sum of all the charges listed so that was also wrong.
Doesn't matter. Errors on the allegations in the complaint get ironed out in court.

Are you being sued in small claims court or regular civil court?

Read the summons carefully. Does it require you to file an answer or just show up in court on a particular date?

And lastly, I received a very vague letter from the Courthouse saying that my summons was amended, whoever...I never received the amended summons nor an itemized list of the charges that I requested. I was under the impression that it was the plaintiffs responsibility to send me (the defendant) the amended summons, because I can't answer the incorrect summons, nor do I have the information to answer the "new" amended summons...please someone tell me what I should do? :confused:
You need to be pro-active to avoid a default judgment.

Go to the court house and get a copy of the amended complaint.

Then come back to this thread and discuss.
 

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