How to respond when a debt collector calls or sends a letter in Colorado
When a debt collector first contacts a consumer, Colorado law and federal law require certain written disclosures and give the consumer a chance to dispute the debt. If the debt collector’s notice lacks the required information or contains confusing or contradictory timing, courts have found that problematic for consumers. Communications may also be restricted if the consumer asks the collector to stop contacting them.
Collectors must follow rules about how and when they contact people, what they may say to third parties, and what happens if a consumer disputes the debt in writing. Those rules affect whether the collector must stop collection efforts while they verify the debt and whether further contact is allowed after a written cease request.
Current Colorado law
Every answer cites the statute
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The deadline that matters
Thirty days from receipt of the validation notice to dispute the debt in writing
What Colorado law says
The law generally requires that a debt collector give written notice with specific disclosures within five days of initial contact under Colorado law, including the amount, creditor name, and the consumer’s right to dispute the debt, under Colo. Rev. Stat. § 5-16-109. Federal law contains a similar notice and a thirty-day dispute period under 15 U.S.C. § 1692g. Colorado law also limits when a collector may contact a consumer (for example, presumptively only between 8 a.m. and 9 p.m.), and restricts communications with third parties and after a written request to cease communications, under Colo. Rev. Stat. § 5-16-105. Courts have looked at confusing or contradictory collection communications when deciding whether required notices were meaningful, see, for example, Flood v. Mercantile Adjustment Bureau, LLC and recent Colorado appellate decisions addressing collection practices, see Felicia Wright v. Portfolio Recovery Associates, LLC.. Federal rules also prohibit certain unfair, deceptive, or abusive practices and set limits on contacting third parties about a consumer’s debt, see 15 U.S.C. § 1692f and 15 U.S.C. § 1692b.
What to do
A common first step is to read any written notice carefully and note the date you received it.
A common option is to send a written dispute or validation request within thirty days to invoke the collector’s duty to verify the debt.
A common step is to request in writing that the collector stop further communication, which limits most future contacts.
A common step is to keep copies of all letters, records of calls, and any postal or delivery receipts.
A common option is to document time, place, and content of calls if you believe the collector is contacting you at an inconvenient time or communicating improperly.
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Common questions
What must a debt collector put in its first letter?
The collector generally must disclose the amount, the creditor’s name, and inform the consumer of a thirty-day right to dispute the debt, under Colo. Rev. Stat. § 5-16-109 and 15 U.S.C. § 1692g.
If I dispute the debt in writing, will collection stop?
If you notify the collector in writing within the thirty-day period that you dispute the debt, the collector generally must cease collection of the disputed portion until it obtains and mails verification or a copy of a judgment, per 15 U.S.C. § 1692g and Colo. Rev. Stat. § 5-16-109.
Can a collector contact my family or employer?
Collectors are generally limited in communicating with third parties for location information only, and they may not discuss the debt with others or contact your workplace if they know the employer prohibits such contacts, under Colo. Rev. Stat. § 5-16-105 and 15 U.S.C. § 1692b.
What if the notice is confusing or threatens immediate legal action?
A notice that contradicts the thirty-day dispute period or otherwise confuses the consumer can be problematic; Colorado and federal courts have examined such inconsistencies when evaluating collection communications, see Flood v. Mercantile Adjustment Bureau, LLC.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
