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Colorado Collections Questions & Answers
1 Answer | Asked in Collections for Colorado on
Q: how do i request funds i am entitled to from the judge that are currently sitting in the district court registry
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 24, 2016

The best way to handle this is to visit your local courthouse and ask the clerk. They will direct you to the correct form.

1 Answer | Asked in Collections and Criminal Law for Colorado on
Q: I wasn't home when I was being summoned. How do I find out where its from?

My room mate answered the door, and described him as a younger guy, red shirt, and "sketchy" looking. She automatically distrusted him, as all he kept saying "Is (my name) here? Is (My name) here? He said this multpile times according to her, where he finally said, "She's... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 6, 2016

A summons is normally a procedural requirement that you must appear for court as a party or witness. It sounds like a process server (private) was sent to serve you. The process server will come by at least 2 more times. You can try calling your local courthouse to see if there is a case filed... View More

1 Answer | Asked in Collections for Colorado on
Q: Do I need to go thru court for a second garnishment?

Defendant went to once a week on 1st garnishment (so he wouldn't get garnished), and got a second job. Is the 1st garnishment good enough or do I need to go thru court for the second employer?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 3, 2016

You will need to service notice to the second employer of the garnishment and file with the court (assuming you want to be a judgment creditor). You will not need to re-litigate the facts of the case. You may need to get a court order depending on whether the debtor objects to the garnishment. The... View More

1 Answer | Asked in Collections and Consumer Law for Colorado on
Q: Is legal for a garnishment company to share my information with other collection agents they work with?

I had my wages garnished over a medical bills from 18 months ago. After I paid the debt off I found I was being garnished again over a car loan from 2005. I have a feeling the garnishment company alerted these people as the loan was very old and had dropped off my credit bureau.

I had... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 28, 2016

You should contact a lawyer. Some information can be shared; sometime debt collectors simply review recent court filings (open to the public).

1 Answer | Asked in Collections for Colorado on
Q: A Biz in NC owes me money after using my services in Denver Co, What are my options to collect the balance.

Biz Rep blocked my number and threaten me not to call him again using inappropriate language.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 22, 2016

Small claims court. Win the case and then seek court enforcement of the judgment. The process can be done with or without a lawyer. The costs are a few hundred dollars, but it will waste time... Your call.

1 Answer | Asked in Collections for Colorado on
Q: I don't know whether my son should call on old medical bills or not

My son (26) has 5 collection records totaling about $4500 for an accident while uninsured 6 years ago on his credit report. Majority is for ambulance. Opened 5 - 5.5 years ago. Colorado has 6 year SOL. Should he: 1-still attempt to setup payment plan - won't this reset amount of time on... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 15, 2016

Justia Q&A is not protected by attorney-client privilege (because not attorney-client relationship exists), so if a lawyer answers your question and provides advice you will be limited in your options (and any attorney can be subject to discipline). In sum, you should contact an attorney in... View More

1 Answer | Asked in Collections and Foreclosure for Colorado on
Q: i live in CO If I foreclose on a house and they sell,but dont get enough, can they come after me to get the rest ?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 5, 2016

Yes, a lender can pursue a deficiency judgment (collect the difference between the loan amount and the sale price in foreclosure) in Colorado provided that certain conditions are met (if you received notice from a court, then the requirements are met). If the deficiency amount is substantial or... View More

1 Answer | Asked in Collections for Colorado on
Q: what kind of lawyer do I need to talk to about answering a judgement summons? It is a medical debt.

My Husband went in for a medical procedure which we did not end up doing as the doctor refused. The office refunded our money. They sent us a bill and we talked to them about it and they said we owed nothing but now we have a summons for the court to enter a judgement. We do not feel that we... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 29, 2016

I would recommend that you contact a general practice attorney. Any attorney can handle this type of work, but some specialists may not because they limit the scope of law they cover. Lastly, you can file a reply pro se (w/o a lawyer) and have an attorney appear after the filing (do not wait for... View More

1 Answer | Asked in Collections, Health Care Law and Consumer Law for Colorado on
Q: Had to take an ambulance ride. The ambulance company did not file the claim to the insurance company in their allotted

time frame so they say they will not pay. Now the ambulance company is expecting me to pay out of pocket. Am I responsible for this bill since it is their fault for not filing the claim in time?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 8, 2016

I' handling a similar matter like this today. There is not a clear rule on this matter and it partly depends on your insurance. As a general rule, your insurance carrier requires the ambulance company (like all medical billers) to follow certain procedures. If the biller (the ambulance... View More

1 Answer | Asked in Collections for Colorado on
Q: I have a judgment against a former tenant in Colorado. They are now living in Virginia Beach, VA. How do I collect?

Tenants rented property from us while they lived here in Colorado Springs. They moved out before the lease was up and left owing two months back rent. There was substantial damage to the property. We filed a money demand in Colorado Springs, El Paso County Court, and we were awarded a judgment... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 21, 2015

Depending what type of judgment you have, you may need to seek a deficiency judgment in CO and than seek enforcement in VA or if you already have the deficiency judgment, you can directly seek enforcement in VA. You may want to contact a lawyer for help (the lawyer can be in either VA or CO).

1 Answer | Asked in Collections for Colorado on
Q: A debt collector contacted me regarding a old credit card debt from 1998. Can he take me to court for this?
Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Nov 29, 2010

Yes, he could, unless Colorado has a specific prohibition against suing on time-barred debts. You would answer and raie a defense. Also, suing you or threatening to sue you on a time barred debt violates the FDCPA. Talk to a knowledgeable consumer lawyer in your area about your rights.

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