Regardless how much money a debtor owes an individual or an entity, he still has rights against unfair and deceptive collectors. The Fair Debt Collection Practices Act (FDCPA) was enacted by the U.S. government to protect consumers from harassment and abuse they may experience in the hands of debt collectors.
The FDCPA is designed to give debtors some ease in a situation which is already quite stressful to begin with.
The state of Colorado complies with the FDCPA through its Colorado Fair Debt Collection Practices Act. This statute governs the conduct of collection agencies and their collectors, and protects consumers by restricting collection practices.
However, this state law does not cover commercial and business debts, only consumer debts.
The Colorado FDCPA also does not apply to creditors doing their own debt collection, not through a collecting agency. However, Colorado ensures consumer protection through the Colorado Uniform Consumer Credit Code (CUCCC), which governs the actions of original creditors and prohibits abusive collection practices.
Due to these different consumer laws, it is best to seek the assistance of a licensed Colorado FDCPA attorney to avoid confusion and get the best legal remedy.
Colorado’s Statute of Limitation for Debts
It is natural to feel apprehensive about court documents arriving at your mailbox anytime indicating that you have been sued for your debt. It may give you some ease that this feeling need not linger indefinitely due to the statute of limitation imposed on debts.
This is the period of time a lender may file a case against a defaulting debtor. Though this does not eliminate your obligation to pay, this prevents the lender from suing you beyond the statute of limitation provided by law.
In Colorado, the statute of limitation is 6 years for different types of debts, such as, debts from oral and written contracts, promissory notes and credit card debts. A Colorado FDCPA attorney can provide you an accurate assessment whether or not your debt has reached its statute of limitation.
Get Help from a Colorado FDCPA Attorney
The federal FDCPA and the Colorado FDCPA allow consumers to claim for damages and remedies against violating debt collectors. However, since it requires legal processes to do it, the best option is to get help from a licensed FDCPA attorney in Colorado.
While the provisions of these laws seem simple enough, there are exceptions that need to be considered and your Colorado FDCPA attorney is more than capable of giving you the best advice as to the best path to pursue.
For instance, while many creditors acquire the services of collecting agencies, there are creditors who collect the debts owed to them themselves. If this is the case, the Colorado FDCPA is not applicable. However, a claim against unfair practices may still be filed under the CUCCC.
To avoid confusion, it is best to acquire the help of a licensed FDCPA attorney in Colorado.
Other prohibitions of the FDCPA include, among others, the following:
- use of misleading statements;
- deceptive practices;
- pretenses and falsity in representation;
- many more inappropriate conduct.
A Colorado FDCPA attorney is more than capable of determining if your debt collector’s actions are tantamount to those prohibitions. For residents of Durango, Denver, Boulder or just about any city or town in Colorado, your attorney can advice you if you are likely to have a successful case against a collecting agency for violation of the FDCPA.
Ask for a Free Evaluation
You may get your Free Evaluation now if you feel your rights have been violated by a collecting agency. The assessment of you situation will help you determine if you have a case against a debt collector and a Colorado FDCPA attorney will be referred to you should you decide to claim for damages and remedies.