Notice of Continued Return

I'm pretty new to this, but one thing i've learned in the past six months is that there are state laws that protect the citizens of the states they live in. If the address requesting you to respond to is outside of your state, you should make copies of everything and forward them to your state attorney general's office claiming you believe you are being illegally harrassed, and request an investigation by your state AJ's office. I have not seen a lot of posts on many forums that deal with the power one has through their attorney general's office as a citizen of the state. If your state AJ's office are 'players' they will at a minimum followup on complaints from citizens.

The Aj's office empowers teh Consumer finance division in our state and while you will not receive legal advice from them, they investigate every complaint by a citizen. How you deal with the CA's on your own is well-established on this forum and others. However, you build an amazing precedent if you can call attention of any wrongdoing to your state AJ. In particular, if your state requires licensing, bonding, and/or registration of any CA contacting a citizen, and the CA does not have such legal (civil) right, it is likely a representative will be all over these folks. I live in Oregon and recently I had a CA attempt to communicate with me from Utah, and another one from Ohio; both not registered in my state. As soon as the Consumer Finance arm of the Secretary of State and AJ's office received my complaints and documentation, they acted. This doesn't put an end to it, but from what I've heard, CA's do not like calls from AJ's offices. I keep hearing about all the sh*t Midland is up to, and I believe it is only a matter of time before some state (or several states) takes these b*stards out. I'll let others chime in as to what YOU can do and how you should or should not respond. Great job of getting through TWO years of financial difficulty. I'm assuming you didn't declare BK, and chose to work through your finances under a different venue. I'm currently going down the same path. Best to You.

 

Call the clerk of the court they will tell you if it is a true case docket number etc. Some states you can go on line to find out about any civil cases pending.

 

It appears there was a summons. You might want to get down to the courthouse and get copies of everything that has been filed under the case number. I'm not up on Colorado law, but here in Oregon if you move and the summons was mailed (yep, they can mail them here) to an old address and it was returned "address unknown," you'll need some solid legal advice."

You want to determine where th eprocess might be in terms of a judgment. It appears your husband is self-employed, so wages would be hard to garnish. Since there is a possibility that a default judgment has been entered (Again, I don't know how Colorado law works), you might want to get any cash you have out of bank accounts and sit on it. Research your exemptions from judgments under Coloraso law, etc. My philosophy would be protect your liquid assets, and then determine what is going on. I'm not an attorney, but you might want to take some protective steps here with regard to a possible judgment. Best to you.

 

It looks more like case management by the court in most states you need to be served in person or sign for it by mail. The reason it was extended was they didnt do proper service.You can find out on line how service is done in CO.

 

You can ask for validation at any time however that lets them know that you know that they know and so on.....I would hide for as long as possible case management through the court lasts for a year from the date of filing.
On the other hand validation for a ca is almost impossible.

 

Some times they will file for a continuance the court will only give one or two and than the case is taken off calender/case management
If you think they can find you than send a validation letter.

 

Just a guess here, but it's possible that they missed the window to serve you and petitioned the court for an extension. You should go down to the courthouse and dig up those papers ASAP and find out what's going on.

I was served with a lawsuit a few years ago. It was 7 days after the 120-day window allowed by law. The other party proceeded to act as if everything was just hunky-dory. I went down to the law library and did a bit of research. One fellow suggested that all I needed to do was file a motion to dismiss based on some statute. I did, and it got dismissed. But not without some objections and cross-motions from the other part. It was a bit scary, but my experience with that whole thing, and a couple others, has taught me one thing: lawyers seem to proceed assuming everything is just fine. If they get caught with their fingers in the cookie jar, they scream like stuck pigs and try to make it seem like the jar is theirs for the picking. There are never any apologies; they just back up and try another route.

I suspect this is some kind of routine sparring that lawyers are expected to engage in. When the other party isn't as skilled, or they miss a step, they get clobbered with a load of trash that no sane person would think of tossing.

Anyway, the point is, expect two distinct attacks: one is the direct one, and it's usually blown way out of proportion. The other one is a fall-back used in case the other party missteps or defaults on something.

The only way to know what's really going on is to get copies of EVERYTHING that gets filed with the court. In my case, I had to call the clerk on every deadline date to see if something had been filed. (The lawyer seemed to always wait to the day of the legal deadline to file.) And The court was months behind at getting stuff entered so you could find it online. Even when the other lawyer missed the deadlines, he'd just cruise ahead as if the deadline didn't exist. Without some kind of objection on my part, the court would ignore it. And you can't object before they've actually done something, unless it's REALLY late. What a racket....

 

Just my $.02 from the cheap seats, but if the records were likely lost and they're just acting on a name, account number and amount, it might be that your best defense is a good offense.

a) don't hide from the summons
b) file a request for discovery (it's a bit late for validation)
c) get them to come to the table and make them work for it.

Most likely they are trying to get a default judgement and hoping that you'll just ignore them and make their job easy for them. Once the get a default judgement, they can legally come after the original amount, lawyer's fees, interest, etc. By avoiding a dispute, you're just making their life easy.

If you can't do all this yourself, then you should find a lawyer who is versed in FDCPA law. Look up some cases in the local federal district court and see who's been filing the majority of them.

Don't roll over and play dead.