real time help needed, I need to file tomorrow!!! Late last year I paid for the registration on my truck for $903, unfortunately I used a seldom-used checking account that was $50 short and the check bounced. I did not realize this check bounced since I never use that account. In January I was served a summons for Denver County Court for over $3000!! The court date is Monday. I was never sent anything that told me the check bounced. I called the attorney today to try and settle for the $903 plus reasonable attorney fees. He claimed he could inly take the $3000 that the case was filed for. The Colorado law states: if a written notice, conforming to the statutory requirements, demanding payment has been sent, and the maker of the bad check fails to pay as demanded within 15 days after the notice is given, three (3) times the face amount of the check but not less than $100.00. but the notice is supposed to be sent certified mail: The notice must be sent by certified mail, returned receipt requested and postage prepaid. (C.R.S. 13-21-109(3).) Since I never received the certified mail, how can they claim this?? How do I file an extension and also an answer? The form gives me 4 options: 1. the amount is not due for the following reasons 2. counterclaim 3. crossclaims 4. trial by jury Do I answer #1 that I did not receive any notification and I am willing and able to pay the $903? The attorney admitted that they sent a certified letter but it was not claimed (I was out of town that week.) Thanks in advance!!! Tim
Anyone??!?! Here is more information: In a call to the attorney, I spoke with â??Brentâ?, and I offered to pay the full amount of $903 plus reasonable attorneyâ??s fees. He refused and demanded $3050. According to the 1997 Colorado Revised Statutes, I must receive a written notice demanding payment, which must include the date the check was issued, the name of the drawee, the name of the payee, the face amount, a statement of the total amount due pursuant to the C.R.S. 13-21-109(2). This notice must be sent by certified mail, returned receipt requested and postage prepaid. (C.R.S. 13-21-109(3).) I never received a certified letter. He says one was sent and was not claimed. In addition, the Plaintiff has no right to request treble the amount of the check until a judgement has been granted. (The treble damages provided under the said statutory provision does not permit the holder of a bad check to assert such right unless and until a final judgment is determined by a court of competent jurisdiction in a civil action. (C.R.S. 13-21-109(5).) 13-21-109) Can I counterclaim since they are breaking the Statutes? They are demanding treble damages, and the statutes say they cannot until after the judgement is granted...... Thanks.... Tim
Did they renew your registration, and did you receive your tags? Or did they notify you that your registration had lapsed? Who is suing? The state, a CA representing the state, or someone who has bought the debt from the state? Have you talked to your local DA, who probably deals with legitimate bad check cases?
I received the registration tags when I gave them the check. I wanted to use my debit card, but of course they don't take credit or debit cards, so I ran out to the truck and grabbed the only checkbook I had...
an attorney is representing the state. no idea if they just sold it or this is a regular thing for them. If they had just mailed me a bill, I would have paid it immediately, but I never saw anything... T
