No Case Number

If you got a summons, there should already be a case number..something isn't right here. I have never heard of a real summons being sent that didn't have a case number. Did you show the court clerk the summons? Maybe it is not a real summons?

I did show it too her. She told me to call her everyday to check and see if there is a case number for it yet. I wonder if there is something that I should be doing in the mean while.

Hopefully someone else will be by to answer this for you...this one completely stumps me...did you ask her how you could be issued a summons with NO case number? Does it give you a time limit to file your answer? I don't see how they can NOT let you fine an answer.....

I found this. Took me quite a while to find it... but I think this must mean they can do what ever it is that they are doing. I wish I understood it. Does anyone else with regards to my original post?

RULE CHANGE 2008 (09)
CHAPTER 25
COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE
Rule 303. Commencement of Action
(a) through (b) * * * * [NO CHANGE]
(c) Time of Jurisdiction. The court shall have jurisdiction from (1) the filing of the complaint, or (2) the service of the summons and complaint; provided, however, if more than ten fifteen days elapses after service upon any defendant before the filing of the complaint, jurisdiction as to that defendant shall not attach by virtue of the service.

(a) How Commenced. A simplified civil action is commenced: (1) by filing with the court a complaint consisting of a statement of claim setting forth briefly the facts and circumstances giving rise to the action in the manner and form provided in Rule 308; or (2) by service of a summons and complaint. The complaint must be filed within fifteen days of the service of the summons and not less than five days in advance of the return date. If the complaint is not timely filed, the service of the summons shall be deemed ineffective and void without notice. In such case the court may, in its discretion, tax a reasonable sum in favor of the defendant to compensate the defendant for expense and inconvenience, including attorney's fees, to be paid by plaintiff or the plaintiff's attorney. The fifteen day filing requirement may be expressly waived by a defendant and shall be deemed waived upon the filing of an answer or motion to the complaint without reserving the issue.

(b) Issuance of Summons. Upon the filing of a complaint as provided in section (a) of this rule and the payment of the docket fee, the clerk shall docket the case and assign it a number. Unless summons has prior thereto been issued and signed by an attorney, the clerk shall then sign and issue a summons under the seal of the court. Separate, additional, and amended summons may be issued by the clerk or an attorney of record against any defendant at any time, and when issued by an attorney, it must be filed with the court no later than five days in advance of the return date. All process shall be issued by the clerk except as otherwise provided by these rules.

c) Time of Jurisdiction. The court shall have jurisdiction from (1) the filing of the complaint, or (2) the service of the summons and complaint; provided, however, if more than fifteen days elapses after service upon any defendant before the filing of the complaint, jurisdiction as to that defendant shall not attach by virtue of the service.


Source: (a) amended July 22, 1993, effective January 1, 1994; (b) amended November 18, 1993, effective January 1, 1994; (a) and (b) amended and effective June 28, 2007; (c) amended and effective April 10, 2008.

Weird upo0n weird...it looks like they have 15 days to file the complaint. If they do not file it within 15 days, it is considered to be ineffective and void. So I guess just check back every day, and upon 15 days..the summons is void and they will have to do it all over again.

Have you send a DV to the CA doing this? If it is a CA? If not, get one out the second the 15 days is up. That way if they file, it is in violation.

I already sent them one. I sent it certified return receipt requested. Did I jump the gun? What is the violation if they file after DV letter after 15 days?

Well, filing suit while under a DV is a violation. If they don't file the complaint, then the summons is null and void..when did you get it?

Although I recieved the summons on January 2nd (happy new year to me) the 15 day clock starts Monday January 5th. I sent them DV letter Jan. 7th. The letter also informed them that the summons was my first notification regarding alleged debt.

Ok..if they do manage to file the complaint, then you may be able to countersue because they did not give you a 30 day period to dispute the debt.