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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default What Will Happen if I Don't File a Response or Appear in Court

    My question involves collection proceedings in the State of: Colorado

    I have quite a large amount of medical bills I am paying on. One of the collection agencies which had several bills in their office for me is suing me. My husband has since paid all of the bills named in the summons. However, he did not pay the interest or the court & filing fees. I do not have an income or a bank account. The only thing I have in my name is my name is on the mortgage to our home which is worth less than we owe on it. He will not give me the money to pay the fee to file a response nor am I able to appear in court. (I am mentally ill and do not drive and the court house is 25 miles away and additionally my father is very ill and likely to pass away and my brother is taking me to see him so I wll be out of state.)

    The collection agency made a few mistakes on the summons so I thought I could use that as my defense should I file a response. I have done some research and see that some are able to settle for less with collection agencies. Is it likely they would consider dropping the suit as the bills are paid and let the interest and court fees go?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,084

    Default Re: What Will Happen if I Don't File a Response or Appear in Court

    If you choose not to appear and defend, the creditor will get a default judgment against you.

    If by "Is it likely they would consider dropping the suit as the bills are paid" you are asking whether they would drop the lawsuit in exchange for your full payment of the money you owe, which may at this point be increased by court costs and possibly legal fees, I would expect them to do so. Any settlement agreement should be in writing and signed before you send your check.

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