What to do if I am being sued by a junk debt collector and the summons did not even have a case number?

UPDATED: Jan 12, 2012

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What to do if I am being sued by a junk debt collector and the summons did not even have a case number?

I called the court clerk and he confirmed that there is no case filed. Should I file an answer even though there is no case filed? How do I even know this debt is mine and that they have proof that it is? What is the correct way in handling this situation?

Asked on January 12, 2012 under Bankruptcy Law, Colorado


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Since there wasn't any case number on the summons, and the court clerk confirmed that no case had been filed, you don't need to do anything at this point.  You don't need to file an answer  because there is no case.  Also, you would not be able to file an answer to the complaint (complaint is the lawsuit attached to the summons) without knowing the case number because the case number would have to be included on your answer.

If you are served in the future with a summons and complaint which has the case number, you will then need to file with the court an answer to the complaint within the time set forth in the summons and serve your answer to the complaint by mail on the opposing party or the opposing party's attorney.

The answer to the complaint denies the allegations in the complaint and if the debt which is the subject of the lawsuit is not yours, you can state that in your answer to the complaint. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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