Wednesday, November 27, 2002

Colorado State Laws on Collecting Debts

Debt collectors are bound by the law, which in Colorado is defined by the Fair Debt Collection Practices Act. The act sets aside rules for what creditors and debt collectors can do in the attempt to get money from you. It applies even to out-of-state companies trying to collect from Colorado residents.

Finding You

    If a debt collector tries to find you through other people, she cannot tell anyone she interviews that you owe a debt or send them letters with any language or symbols that would indicate she works for a debt collector. She can only identify her employer if the interviewee asks her to do so. She can only call each individual once, unless the people she talks to ask her to call back, or she has grounds for believing they lied.

Contact

    A debt collector isn't allowed to call you at an inconvenient time --- before 8 a.m. or after 9 p.m., for instance --- unless you or your attorney invites him to do so. If the collector is aware you have an attorney representing you, he must direct his communications to her, unless she authorizes the collector to talk to you. A debt collector must stop calling once you request it, unless it's to inform you the agency is taking further legal steps to collect.

Banned Action

    Under Colorado law, a debt collector cannot use threats, obscene or abusive language when she talks to you. She cannot publicize or threaten to publicize your debts to humiliate you into paying, nor can she threaten any action she can't legally take. Threatening jail time when that's not a penalty for your debt, for instance, wouldn't be legal. Claiming or implying she's an attorney when she isn't, or that she represents law enforcement or any other government agency, is also against Colorado law.

Penalties

    Colorado can levy fines on debt collectors who break the law, and you have the option to sue them. If you win, you can collect any damages you've suffered because of the collector's actions; in addition, the judge can assess damages of up to $1,000 (as of 2011). The judge's decision should consider how frequently the collector broke the law and whether it was deliberate. If the collector can show he didn't break the law intentionally or through gross negligence, he can't be held liable.

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