Legal Question in Credit and Debt Law in Colorado

Small claims court-Colorado

My wife and I were recently served a summond to appear in small claims court for failure to pay our country club dues. I was working out of state and could not respond or appear in time and a judgement was rendered against us. The summons contained in error both of our names. I was never a party to the contract with the country club. A subsequent request for interrogatories was issued again in both names and I responded to the court via fax from out of state that I needed more time in order to return home to answer the questions. I also requested at that time for the court to provide me with any evidence that existed showing that I was in fact a party to any such contract. The court failed to reply but just the other day my wife recieved additional court documents stating that she is now being summoned to appear in court on a contempt of court charge due to the failure to reply to the interrogatories questionaire and notice that my name has all of the sudden been removed from the case because it was found to be originally added in error. My question is simple: Can this case continue against my wife due to the fact that the original summons and complaint contained my name in error, or does the court need to dismiss the case


Asked on 6/04/09, 4:32 pm

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Small claims court-Colorado

You need a lawyer..but the Court has broad powers and hiding for an appearance could force an appearance with a fine and time ...call a lawyer..the debte may not be owed.

Read more
Answered on 6/04/09, 6:05 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Colorado