Legal Question in Credit and Debt Law in Colorado

I was served with a lawsuit for an old credit card debt where my mom is the sole defendant. It was served at my home address in Denver County, where she has never lived. My mom lives in Arapahoe County and on her own. There is no case number listed. How can I respond that I believe this was improperly served.

Asked on 3/26/16, 8:29 pm

1 Answer from Attorneys

Stephen Harkess Colorado Legal Solutions

Since you are not a Defendant, you do not have to respond at all. You could give the document to your mom and she might want to file a motion to dismiss based on improper service. If she doesn't do so, it is likely that a judgment will enter against her by mistake. Be a good son and call your mother.

Your mother can contact the courthouse to find out the case number. She might consider contacting an attorney since she appears to have been sued in the wrong court and this may be a violation of the Fair Debt Collection Practices Act which she may wish to pursue.

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Answered on 3/27/16, 8:35 pm

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