Colorado Complaint and Summons for Balance Due on Credit Card Account

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US-03350BG
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Description

Filing a Complaint or Petition

Any complaint or petition for relief in a court must be filed within the statutory time limit (Statute of Limitations). These statutes vary from state to state. These statutes also vary depending on what your cause of action is. For example, in many states, the statute of limitations regarding a cause of action for breach of contract is three years, while the cause of action for an intentional tort, like slander, is one year.


A complaint is a general statement of the plaintiffs claim. The complaint must describe the actions that led to the claim of a violation (i.e., violation of rights). The claim can be for money damages. It could also be a claim for equitable remedies like specific performance (e.g., court forcing a party to abide by a contract) or an injunction (e.g., stopping a person from doing something). The complaint must establish jurisdiction of the court in which it is filed. For example, if the complain is filed in federal court, it must show diversity of citizenship or that a federal statutory or constitutional question is involved.


Service of Process

This generally involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:

o That the defendant is being sued;

o The name of the Court in which he is being sued;

o When he must file an answer; and

o The fact that a default judgment will be entered if no answer is filed.
The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. Deputy Marshals or process servers are used in federal court. Constables are used in justice court of some states. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper.


The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.

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FAQ

If you're the subject of a debt lawsuit, you face a judgment that allows your creditors to garnish your wages or freeze your bank account. A judgment remains a public record, and it will be visible to anyone who searches for it, including future employers and creditors.

Colorado puts a limit on how long creditors can seek to collect on old debts. These statutes of limitations range from Three Years for certain contracts to 20 years for District Court judgments. (An attorney can answer questions about specific cases.)

You may settle your case at any time prior to having the court make a decision (a judgment) by either: Paying the full amount of the debt (plus any fees, costs, and interest required) Negotiating to pay a lesser amount and having the other side agree to accept that amount as full payment.

Yes, you can settle a debt after being served with a lawsuit by a creditor.

The collection agency can then begin collection efforts for the loans or debts that they bought. But if the collection agency's attempt to collect the debt fails the agency can sue the debtor within six years. This is because Colorado's statute of limitations on debt is six years.

Your answer should include a response to each of the claims made by the creditor. For each claim, you can make an admission, denial, or state that you don't have enough information to say whether the claim is true. You can also give an affirmative defense, stating why you should not be sued.

You must fill out an Answer, serve the other side's attorney, and file your Answer form with the court within 30 days. If you don't, the creditor can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.

Debt settlement, also called debt relief or debt adjustment, is the process of resolving outstanding debt for far less than the amount you owe by promising the lender a substantial lump-sum payment. Depending on the situation, debt settlement offers might range from 10% to 50% of what you owe.

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Colorado Complaint and Summons for Balance Due on Credit Card Account