What is the name of your state? Colorado
Ok, I wrote a series of checks which bounced, only one was actually returned by my bank, which my bank has no record of it even being written. I then lost my job and was unable to pay the 70 some odd dollars for fees and such so I called the collection agency and told them I could pay half but could pay the second half soon. They said no don't even try to pay and that they may or may not sue. I was confused as he basically hung up without listening to another word. I figured, eh, I have been in worse situations and wasn't sued, then out of the blue I get a summons and complaint. They want like 250 dollars according to the complaint, but then when I called the law firm telling them there was no record of the check even being written they said I owed more, like 320 dollars. I am totally confused by how they can just charge me another 70 bucks onto this, so I look over everything a second and third time. I find that it is required for the lawyer or plaintiff to sign the complaint, and they didn't sign the complaint. Just a name and attourny number. So does this mean that the whole thing is invalid and they can't do anything to me now as they screwed up on the complaint? Do I need to make a motion saying it is invalid because of this? If I do need to make a motion how would I do this, and should I also make one showing that no record of the check exists? (as they aren't even citing the check number on the complaint)
Ok, I wrote a series of checks which bounced, only one was actually returned by my bank, which my bank has no record of it even being written. I then lost my job and was unable to pay the 70 some odd dollars for fees and such so I called the collection agency and told them I could pay half but could pay the second half soon. They said no don't even try to pay and that they may or may not sue. I was confused as he basically hung up without listening to another word. I figured, eh, I have been in worse situations and wasn't sued, then out of the blue I get a summons and complaint. They want like 250 dollars according to the complaint, but then when I called the law firm telling them there was no record of the check even being written they said I owed more, like 320 dollars. I am totally confused by how they can just charge me another 70 bucks onto this, so I look over everything a second and third time. I find that it is required for the lawyer or plaintiff to sign the complaint, and they didn't sign the complaint. Just a name and attourny number. So does this mean that the whole thing is invalid and they can't do anything to me now as they screwed up on the complaint? Do I need to make a motion saying it is invalid because of this? If I do need to make a motion how would I do this, and should I also make one showing that no record of the check exists? (as they aren't even citing the check number on the complaint)