JUDGEMENT#2(REPLY)

[hollow man]

Well since I confused you I am sorry, but the way things are going is :the collection agency which I have been unaware of until Dec.2000. they apparently said they sent me bills since 1998 I have no record or proof that they have been trying to reach me.(until now) on Dec. 2000 I was handed a summons to court for this collection agency. So I then contacted this collection agency to find out what was going on ,the woman I spoke with said "they have been sending me bills since 1998 " I told her that I never received any and that the times I have moved my wife and I always filled out the change of address forms with the post office.
I then offered payments and they denied them so I called a attorney an he told me to fill out the simpile civil procedure form and also type a letter to let the court be aware of my side. Now I have a conference next month and I have no idea how to handle this becouse I do not have the [money] for an attorney in Colorado,or the means to go there to appear in person. to resolve this matter. An am worried on what they can do, becouse the collection agency has an attorney.
What can I do for assistance in this matter since I am a
in a different state?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Call the consumer credit counseling services near you. Many offer free legal aid.


http://www.consumercounseling.org/

 

[JETX]

First, you need to read the FDCPA (Fair Debt Collections Practices Act) located at http://www.ftc.gov
It will tell you what the CA (Collection Agent) can, and more importantly CANNOT, do.

In reading your message, one highly unusual thing stands out.. that being that you received a court summons from an attorney hired by the collection agent. It is highly unusual for the collection agency to take court action unless they have purchased the whole debt (in fact, most states PROHIBIT them from taking action on behalf of the creditor). Are you sure that the CA is the party that is suing you, or was it the creditor????

You will find the following about your case:
1) You have full rights to all documentation to support their claims of debt and amounts.
2) You have full right to demand proof that they are in fact authorized to (attempt to) collect.
3) You have full right to demand that they cease all verbal contact and put all communication in writing.
4) The CA is under no obligation to accept partial payments (some people think that if they are making payments, no matter how small, that they are exempt from action, not true).

Hope that this helps give you a little direction...