Colorado Debt Collection Laws

Submitted by David Silverman and Anne-Marie Vos, Silverman/Borenstein PLLC    

http://www.sblawpllc.com/

Published by The National List of Attorneys

www.nationallist.com

Mr. Silverman graduated Cum Laude with a B.A. in Psychology from California State University, Northridge, in 1978, and he subsequently earned his Juris Doctor from Loyola Law School, Los Angeles, CA, in 1982. From 1982 to 1983, he was an Associate Attorney for a Los Angeles Creditor's Rights law firm, Lederer & Kotler. He opened The Silverman Law Firm in December, 1983, focusing on commercial litigation, retail and commercial collections, business counseling, real estate law and conflict resolution. Mr. Silverman merged with The law Offices of Irvin Borenstein to create Silverman/Borenstein PLLC in 2010. Mr. Silverman is the current, founding President of the Colorado Creditors Rights Association (CCBA), has been an active member of the National Association of Retail Collection Attorneys (NARCA) since 1995 and served two terms as a member of its Board of Directors. He is a member of the Debt Buyers Association and the National Association of Subrogation Professionals.

Ms. Vos graduated from Georgetown University with a B.A. in History in 2005 and earned her Juris Doctor in 2009 from Notre Dame Law School. She has practiced law in Colorado since 2009 and joined Silverman/Borenstein, PLLC in the spring of 2012.

Introduction

This paper is intended to present a general overview of Colorado’s Debt Collection Laws and judicial process in the context of primarily consumer collections. It will cover Colorado’s state debt collection laws, licensing requirements, Colorado’s statute of limitations, and Colorado’s bad check laws. It will then look at the actual practice of debt collection in Colorado utilizing the judicial process and practices related to consumer collections, commercial collections, secured versus unsecured matters, post-judgment remedies, and relevant Colorado ethics opinions. It is not intended to be the final and authoritative voice on the matter. Always check for updated case and state laws, and seek advice from qualified, competent counsel before proceeding.  

The Colorado Fair Debt Collection Practices Act

This section discusses the Fair Debt Collection Practices Act (FDCPA) 15 U.S.C. 1592 and the Colorado Fair Debt Collection Practices Act (CFDCPA) C.R.S. §12-14-101. It highlights differences between the two and stresses where a debt collector must be wary.

The CFDCPA governs collection law in Colorado. The CFDCPA is loosely based upon the FDCPA. However, the CFDCPA defines debt differently from the FDCPA and thus governs more collection actions than the FDCPA does.
 

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