Hey guys, I have 2 Summons to answer this week. Iâ??ve made most of these collectors go away over the past few months with the validation requests and ITS after they have all repeatedly made violations. These two summons are no different. They both have violations for me to counter with, so I am not that worried, plus they are both under $400 each. I guess they are both trying to see if I will answer. So of course, I will. But I have a few questions. I have spent a good 10 hours on here looking at all of the â??summons/complaints/answerâ? keyword threads. I have a good idea of where to go from here, and what I need to do to answer and counter. I even have the Colorado Answer Under Simplified Civil Procedure (Including Counterclaim(s) And Cross Claim(s)) form loaded into Word. I do have several successful apearances in Small Claims court (plaintiff). I have just a few questions, and I would really really appreciate any answers, feedback and advice. Summons 1, for a County Court, is for a bank account that we closed in 2001, ended up having a negative balance after some checks clearning/bouncing and it sat with a negative $300 balance. We disputed before even closing their bookkeeping and accounting, and their errors. We asked all the collection companies that have come along over the last 3 years for Validation, all went away, but this last group has now served us with a summons. They were asked to validate 3 months ago, they attempted with a printout of a statement, but I responded that it was not proper and complete validation as I have been disputing their accounting for years, since the beginning of my account at the bank. This CA continued to call after my validation request. And, their collection letter was void of the needed mini-maranda and Colorado required notations. I even filed a complaint with the Colorado Collection Agency Board because of this first dunning letter (which the company sent within 5 days after their first call to me where I asked them to validate the debt). The President of the CA told the state board that it was actually their second letter to me (lies! Why would it go out within 5 days after their first call?) so the state let them off the hook, not asking for proof of sending that "invisible-ficticious" first dunning letter. Question: I was served this summons this past Saturday morning by a server at 7:30 am at my house. Can they do this? I would be compelled to consider this continued collection activity outside of the normal collection hours. So, a violation to continue collecting without validation, and a violation for the early time served? Question: Their complaint is written with 6 numbered lines all to collect the principal and interest of $316. I have read that the General Denial is the way to go, but not sure if I have found what that consists of. I have found here the following: "1. Defendant admits plaintiff's allegation that Defendant's name is [your name] 2. Defendant admits that he lives at [address] 3. Defendant denies each and every allegation of Plaintiff. After that general statement you need to list each of the plaintiff's allegations that you wish to deny separately and say why you deny it." But I have also read that I should answer with ALL(?) of the following: "You need to answer each numbered question in sequence and generally your answers should be: a) Admits; b) Denies; or c) Defendant is without sufficient information and leaves Plaintiff to his proof. Generally c) is a good option because you have not committed yourself or given any solid information your adversary can shoot you down with. The second part you need is affirmative defenses. If you do not have a good list of them use the following because it will generally cover 90% of all possibilities -- and most often in the law, if you do not claim a right you lose it and affirmative defenses represent that claim. List on separate lines the standard affirmative defenses which include: 1) latches, 2) Pari Delicto, 3) unclean hands, 4) failure to state a claim, 5) violation of statute, 6) failure to name all necessary parties, 7) insufficiency or defect of service, 8) lack of jurisdiction, 9) accord and satisfaction, 10) fraud, 11) statute of limitations and/or other time limitations, 12) bad faith acts of omissions and/or negligence, 13) Failure to comply with applicable regulations, 14) failure to comply with applicable state or federal law and 15) estopple or collateral estopple. The third part, if you have a valid counterclaim or third-party claim, now is the time to make it." So my question is: do I just write out those affirmative defenses and leave it like that? Even if they may or may not apply? No explanation? Iâ??m not all that familiar with that. And my last question to this summons is that in my counterclaim, do I list out all of the violations separately, in detail, with references and codes, or do I just lay out a sentence saying they violated various FDCPA, COFDCPA and FCRA and just lump it to $5000 and let them make me decipher that in court (which I can do)? My only question for the second summons is that it looks the same as the first, but is called a â??Notice of Hearingâ?. This relates to a different CA collecting for an old medical bill where the hospital neglected to file to the insurance company correctly. I have much documentation going back to the hospital, and their subsequent collectors who all ran off during validation. Now this â??Notice of Hearingâ? says that the initial appearance date for the above matter has been changed, and gives new date and time, and that I need to file a written answer stating why a judgment should not be entered against me. I never received any other paperwork from this case, so do I just answer this â??Noticeâ? like I would the Summons and Complaint? Thanks! You guys are the best!
