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

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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

Answers:

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

Answered 9 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. 


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