Colorado Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment

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US-DCPA-31
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Description

Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.

Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes:
  • Publishing a list of consumers who allegedly refuse to pay debts except to a credit reporting agency as permitted by law.
  • Advertising the sale of any debt to coerce payment.

    A debt collector may not shame a consumer into paying their debt by publicizing it.

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    FAQ

    Taking action means they send you court papers telling you they're going to take you to court. The time limit is sometimes called the limitation period. For most debts, the time limit is 6 years since you last wrote to them or made a payment.

    The Fair Debt Collection Practices Act (FDCPA) The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

    Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered under the FDCPA.

    In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.

    Each state has set timeframes within which a debt collector can sue a debtor for an unpaid debt. For example, this period can range between three to 20 years in Colorado, although most debts have a statute of limitations of six years.

    The bill exempts a person's earnings from garnishment if the person's family income does not exceed 400% of current federal poverty guidelines and the judgment is for medical debt.

    Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

    Colorado puts a limit on how long creditors can seek to collect on old debts. These statutes of limitations range from Three Years for certain contracts to 20 years for District Court judgments.

    Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.

    7 Most Common FDCPA ViolationsContinued attempts to collect debt not owed.Illegal or unethical communication tactics.Disclosure verification of debt.Taking or threatening illegal action.False statements or false representation.Improper contact or sharing of info.Excessive phone calls.

    More info

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    Colorado Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment