Legal Question in Credit and Debt Law in Colorado

Hi,

I was served for an old debt, the SOL has expired. Not sure what to do now, if I just show up at court or send a letter to the Collections Agency. The bill was a cell phone bill, which is, as I understand it an open ended account, and the research that I have done is 3 years for the SOL.

Thank you

Donna


Asked on 1/05/10, 1:04 pm

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

If you have been served with a complaint you need to file an answer before the date stated in the summons and assert all available affirmative defenses. The statute of limitations is an affirmative defense. Since this is a suit all filings must be done through the court with service on the plaintiff. You can�t just write the plaintiff. You may also want to consider a motion to dismiss. Finally, you may have a right to claim for damages under the FDCPA for this action.

In short, there are many steps to take and to avoid after you have been served and it is impossible to know what exactly you should do without more facts and review of the court documents. While the amount at issue may not justify paying for an attorney for a full representation, I would strongly recommend that you retain an attorney to advise you on your rights and procedure because a mistake in a lawsuit will be costly for you. 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 for advice regarding your specific circumstances.

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Answered on 1/11/10, 6:34 am


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