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If I have already filed an answer to a Summons , will I have to appear at court on the date and time given on the Summons?

Denver, CO |

I am being sued by a collections agency and their attorney regarding an alleged unpaid credit card debt. I have filed my answer and I have yet to receive any other legal documents from the plaintiff.

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Attorney answers 2

Best Answer

If it is truly your intention to fight the lawsuit then I strongly recommend that you retain a consumer law/debt attorney to assist you in defending the lawsuit. If it is your intent to merely buy some time before trying to settle the matter, or in order to consider other options such as the possibility of filing bankruptcy, then you need not do more than read your mail and pay attention to when the hearing is set once you serve your answer on the plaintiff's attorneys.


NOTE, this answer assumes certain facts that aren't clear from your question, and is only meant has general information about how CO court's work, you should contact an attorney to clarify what course of action is appropriate for your specific circumstances.

I assume your case is being heard in county court. If so, then no; if you filed an answer within the time frame allowed, then you do not need to appear at the court date indicated on the summons. Did you serve the answer on the plaintiff's attorney (e.g. mail it to them)? If you haven't, you need to do so and file a certificate of service with the court.

Filing an answer buys you, on average, 5 months depending on how diligent the plaintiff attorney is in moving the case along. Ultimately, you need to figure out an end game scenario for your financial circumstances. All you have done by filing an answer is delay the inevitable.