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I am being sued and need help with what to do...I am being sued for a credit card bill that I have every intention of paying (once I get money for it that it). I am very unclear on the process of being sued and I am hoping someone could help filll me in. I admit I made the mistake of getting a credit card and letting it get out of control but I have had every intention of paying it. I was never contacted by the collections company that the credit card company transferred my balance to until I got a summons. I am currently a college student and have no money for an attorney of my own or to pay filing or any other costs that will arise from this. HELP! is there anything I can do????? Attorney answers (1)
Reputation Level 15
Answered over 2 years ago.
Business Attorney in Boulder, CO.
You should have the summons, complaint and answer form. If you were not appropriately served with all required materials, you may want to make a motion to dismiss the case. You should review the summons and file the answer and all affirmative defenses and possible counterclaims. You may want to google the term affirmative defenses to explain and provide samples. You cannot miss the response date or you risk a default judgment.
You did not state the court where you are being sued so I will assume it is a county court case. I would recommend going to the Colorado judicial branch website which provides forms and an overview of the process from the plaintiff’s perspective here http://www.courts.state.co.us/Forms/PDF/JDF%201.... Also go to the small claims portion and get the handbook. While it is primarily for small claims, it gives some related discussion on what to expect in court http://www.courts.state.co.us/userfiles/File/Me.... If you cannot afford the answer fee, see if you qualify for a fee waiver and also see if you qualify for free legal services at Colorado Legal Services. If you cannot get legal counsel for full representation, I would still strongly recommend that you see if an attorney would assist you on a limited representation. In this representation the attorney does not enter an “appearance” and they will just act as a resource to discuss your matter and assist on strategy and procedure. You should speak with a local attorney regarding your issue. Contact people you know and trust for referrals. If you have no referrals, contact your local bar association for their referral program. Good luck. DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. For legal advice, you should retain legal counsel in your state for advice regarding your specific circumstances. 1 person marked this answer as good
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