Debt Collection Problems

Debt Collection Laws

Colorado Fair Debt Collection Practices Act

Debt Collection agencies like to use high pressure tactics such as calls to your place of employment, reporting to the credit bureaus, and threats of garnishment.  Congress enacted the Fair Credit Reporting Act to provide protection against abusive and unfair practices.  Some states have also enacted laws to provide protection for consumers who are dealing with debt collectors.  In Colorado, there is a law that protects consumers from abusive debt collection practices. Colo. Rev. Stat §§5-1-101 to 5-12-105 and §§12-14-101 to 12-14-137

The law in Colorado is one that applies to not only collection agencies, but also creditors.  The statute prohibits unconscionable debt collection practices including what would be considered a misrepresentation.

A consumer has a right to sue under the Colorado law §5-5-109(2), (5) and (6).  In cases brought under this statute in Colorado, a consumer may ask the court to grant an injunction (order specific actions such as ceasing calls or collections), and may award the consumer actual damages, attorneys fees and costs.