Unsure what to do (noob)

[Anonymous]

Greetings!

I've been reading through here and saw a lot of helpful, targetted advice, so I thought I'd throw this out here.

My new wife (married a couple of weeks) was served a "PATTERN INTERROGATORIES" tonight, co-naming her and her ex-husband.  It asks for all sorts of information about accounts, and stating it's a "court order".  Pretty serious stuff!  But there's no direct mention of the actual amount being sought or anything meaningful.

The only debt she thinks it could be tied to last appears on her credit report in April of 2002.  It was from a payday loan that her and her ex might be responsible for, who knows.

We're in Colorado, and in reading it looks like the statute of limitations (SOL) here is 6 years. 

Now, she has not received ANY correspondence on this supposed debt in the 2-1/2 years she's been living here.  But somehow they were able to find here today - hmmm.

My question is: does anyone have any general advice on how to proceed on this?  Would it generally be past the SOL and there's nothing the collection agency can do?  Should she fill out the forms (which were not notorized, signed, etc at all) and send them in to the court and the mentioned attorney?  Should she be getting an attorney??

It's all pretty drive-by, in my opinion.  A knock on your door.  Here's some papers requesting some very sensitive information that I wouldn't give out to my doctor, fill them out and send them in.  Seems to be PERHAPS an attempt to collect on a debt that's over years old but may be unenforceable - but I would greatly appreciate some input from the kind folks here.  Thanks in advance!

[Anonymous]

I would suggest contacting the county court this was filed in.

Talk to the clerk and they are usually helpful in telling you what needs to be done and how to proceed.

Most attorneys offer a free consult, you might call around and speak with a couple.

Seems odd that no creditor would be mentioned.

[Anonymous]

It sounds as though she has, in fact, been served. CO seems to be a bit on the lenient side as to proper service.

If it's out of SoL (and it sounds like it) she still MUST appear in court. If she doesn't, she will lose by default. Being SoL gives her a "permissible defense" against court assisted recovery of the debt.

You could try mailing a letter to the atty stating that the SoL on the debt has run out (you can even offer to settle, if you like, but do not admit that the debt is, in fact, hers). CAs and their attys will often attempt suit even if the SoL has passed, banking on the hunch that the defendant simply won't appear -- or will be cowed into settling the debt prior to court.

Once you answer the summons, the atty should provide you with documentation on the debt. If they do not provide that documentation within 30 days, DEMAND it. They will need to prove that the debt is still recoverable.

Meanwhile, it's in ya'lls best interests to find whatever documentation you can regarding the amount owed, the DOLA, etc.

[Anonymous]

SOL is 6 years in CO, but be aware that some states have different laws regarding bad checks, if this is what it is.

[Anonymous]

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@Anonymous wrote:

SOL is 6 years in CO, but be aware that some states have different laws regarding bad checks, if this is what it is.

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It sounds more like one of those payday loans (Yeesh, are those guys predatory or what?? Have you SEEN the interest they charge??).

From what I heard, a $1K loan can become $2K when it's paid off!! Buncha vultures!!

[Anonymous]

Thanks very much for the replies so far.  In the light of day we've learned a few more things.  Upon calling the courthouse, they replied that the case was satisified last month - but yesterday was the first she heard of the situation!

We'll likely seek attorney advice, but if the case is satisified (6 years and about 2 months after the original debt) does that probably mean the SOL expired?  If the case is "satisfied", how would she even defend herself?  It's all kinda voodoo, so if anyone has any insight into what that could mean, please feel free to chime in.  Thanks!

[Anonymous]

I'm just guessing here, but based on what you've written it sounds like it was her ex that got sued.

They sent her the interrogotories looking for info to use against him -- basically by answering the interrogs it would have kept her from having to go to court and testify.

But while those papers were on the way to her, he settled the case.

Again, I'm just guessing, but it would fit what you had described. If she was being sued, she would have been served with a complaint before she was served with the interrogs.

[Anonymous]

That MAY be what happened.  Her ex is on vacation and we can't reach him to find out what might have happened.  I guess we'll find out soon enough.

Not to hijack my own thread, but if a CA tries to collect on a judement that's been satisfied, could that be considered fraud and grounds for a counter suit?  Just curious if anyone's got a thought on that.

[Anonymous]

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@Anonymous wrote:

That MAY be what happened.  Her ex is on vacation and we can't reach him to find out what might have happened.  I guess we'll find out soon enough.

Not to hijack my own thread, but if a CA tries to collect on a judement that's been satisfied, could that be considered fraud and grounds for a counter suit?  Just curious if anyone's got a thought on that.

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Oh, HELL yes, that's fraud!!

[Anonymous]

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@Anonymous wrote:

Thanks very much for the replies so far.  In the light of day we've learned a few more things.  Upon calling the courthouse, they replied that the case was satisified last month - but yesterday was the first she heard of the situation!

We'll likely seek attorney advice, but if the case is satisified (6 years and about 2 months after the original debt) does that probably mean the SOL expired?  If the case is "satisfied", how would she even defend herself?  It's all kinda voodoo, so if anyone has any insight into what that could mean, please feel free to chime in.  Thanks!

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It may be that the summons (usually written up and in the process of service for anywhere from a week to 120 days) and the settlement "crossed in the mail" (so to speak.

Meaning, they may have found the ex FIRST, served him, cowed him into paying and THEN served your wife. Pulling a process back after it's been sent out for service is not an easy thing to do. And really, they probably would see it as not their problem. All that would have happened is that your wife would have taken the day off work and spent the day at the courthouse. The plaintiff's atty wouldn't have shown up and she'd have won by default.