Lafen
Date: Fri, 09/14/2012 - 11:02
Hello, I am in Colorado and I received a summons from a collection agency. Unfortunately, I read this blog too late to learn that I could have requested a DV; there was no case number at the time I received the paperwork, but now there is, according to the court house.
I am hoping that someone could give me some advice on how to word my answer on the form "Answer under Simplified Civil Procedure (Including Counterclaim(s) and Cross Claim(s) ) . Also, should I contact the collection agency or the attorney associated with the collection agency?
Here is some information:
1) I was divorced in 2009. The debt this agency is trying to collect is credit card debt from before the divorce.
2) The summons lists both me and my ex-husband as defendants at my address. My ex-husband does not live here. No one knows where he lives; he is hiding to avoid creditors and to avoid getting served.
3) I thought this debt had been paid. Under the Separation Agreement, my ex-husband was to assume this debt and the online user ID and password with the credit card company were changed to his name in 2009. The divorce came after almost 30 years of marriage and I forfeited support payments (in order to avoid abusive interaction) and instead, the Agreement reads "Husband shall indemnify and hold Wife harmless regarding these debts. The parties agree that Husband's assumption of said debt assists Wife's ability to meet her monthly needs and is paid in the nature of support."
4)Additional side-info: I found the Summons papers on my front step outside. I did not expect to get "served" for anything, since I thought this debt had been paid. I have lived in this quiet, nice neighborhood for 16 years. The night before I found the papers, a huge man of about 300 lbs in athletic clothes had come to my front door after dark and rang the doorbell incessantly for about 15 minutes while my dog was barking, and he pounded on the front door and yelled. It was dark and I live alone. I was scared to death, given my past experiences before the divorce, and assumed it had something to do with my ex-husband. It was embarrassed because the commotion was so loud, my entire cul-de-sac could hear. I hid with my phone in order to call the police if it became necessary. The next day I found the papers outside. I am sure my ex-husband has not been served because no one know where he lives.
Does anyone have any advice for me on how to word the answer? Also, should I contact the collection agency or the attorney associated with the collection agency? The court date is in October. Thank you.
I am hoping that someone could give me some advice on how to word my answer on the form "Answer under Simplified Civil Procedure (Including Counterclaim(s) and Cross Claim(s) ) . Also, should I contact the collection agency or the attorney associated with the collection agency?
Here is some information:
1) I was divorced in 2009. The debt this agency is trying to collect is credit card debt from before the divorce.
2) The summons lists both me and my ex-husband as defendants at my address. My ex-husband does not live here. No one knows where he lives; he is hiding to avoid creditors and to avoid getting served.
3) I thought this debt had been paid. Under the Separation Agreement, my ex-husband was to assume this debt and the online user ID and password with the credit card company were changed to his name in 2009. The divorce came after almost 30 years of marriage and I forfeited support payments (in order to avoid abusive interaction) and instead, the Agreement reads "Husband shall indemnify and hold Wife harmless regarding these debts. The parties agree that Husband's assumption of said debt assists Wife's ability to meet her monthly needs and is paid in the nature of support."
4)Additional side-info: I found the Summons papers on my front step outside. I did not expect to get "served" for anything, since I thought this debt had been paid. I have lived in this quiet, nice neighborhood for 16 years. The night before I found the papers, a huge man of about 300 lbs in athletic clothes had come to my front door after dark and rang the doorbell incessantly for about 15 minutes while my dog was barking, and he pounded on the front door and yelled. It was dark and I live alone. I was scared to death, given my past experiences before the divorce, and assumed it had something to do with my ex-husband. It was embarrassed because the commotion was so loud, my entire cul-de-sac could hear. I hid with my phone in order to call the police if it became necessary. The next day I found the papers outside. I am sure my ex-husband has not been served because no one know where he lives.
Does anyone have any advice for me on how to word the answer? Also, should I contact the collection agency or the attorney associated with the collection agency? The court date is in October. Thank you.
Quote: 3) I thought this debt had been paid. Under the Separatio
Quote:
3) I thought this debt had been paid. Under the Separation Agreement, my ex-husband was to assume this debt and the online user ID and password with the credit card company were changed to his name in 2009. The divorce came after almost 30 years of marriage and I forfeited support payments (in order to avoid abusive interaction) and instead, the Agreement reads "Husband shall indemnify and hold Wife harmless regarding these debts. The parties agree that Husband's assumption of said debt assists Wife's ability to meet her monthly needs and is paid in the nature of support." |
Unfortunately your divorce decree means squat to your creditor and the court that you are currently being sued in. To enforce your divorce deree, you would have to haul your ex back into family court....he would be charged with contempt of court. So you cannot use your divorce in the answer to the court.
