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Colorado Collections Questions & Answers
2 Answers | Asked in Consumer Law, Real Estate Law and Collections for Colorado on
Q: In Colorado,can we be forced to sell our home if there's a judgement lien from Credit Card debt ($22,000) on the home?

It's our primary residence and my husband (age 64) is the sole owner/mortgage holder.

Donald C Eby
Donald C Eby answered on Sep 17, 2019

Can a creditor foreclose on your home to satisfy a Lien? Yes. But, you will have an opportunity to prevent the foreclosure and it is seldom financially feasible to foreclose to collect on a debt that small.

Have you considered BK to eliminate the debt?

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1 Answer | Asked in Criminal Law and Collections for Colorado on
Q: Can I be arrested for not paying restitution quickly?

I have two theft cases, one is 13 yrs old and the other 18 yrs. I have paid when I can. The county collections officer wants me to sign a contract to pay or they will arrest me or take my driver's license. Can either of those happen though I am paying on each case, just not what they want me to pay?

Jonathan Greenlee
Jonathan Greenlee answered on Jun 28, 2019

Payment of restitution can be a condition of probation, and you can be arrested for violating probation by failing to pay restitution. If you were to contest the revocation of probation, the prosecution would need to prove at a hearing to a judge that this was a willful non-payment and you had the... Read more »

1 Answer | Asked in Collections for Colorado on
Q: Spouse died, had a business loan-can the bank pressure me to pay if I'm not on the note, nor a part of his business?

I work at this bank and my position as been threatened if I don't pay this loan, which I cannot afford. I can hardly look the president in the eye anymore. Up until my husband passed, I've been held in high esteem by the president and the board. The bank was poorly underwritten and had they asked... Read more »

Ashley Dean Powell
Ashley Dean Powell answered on Oct 29, 2018

Sounds like you are in a very difficult situation. I don't think I can speak to the employment-related issues.

As for the debt, as a general matter, if you did not sign the note, did not sign a guarantee related to the note, and were not part of the business that borrowed the money, then...
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1 Answer | Asked in Family Law and Collections for Colorado on
Q: I was ordered to pay attorney's fees but cannot pay because I have been on disability

The attorney only asked for $5,000 in attorney's fees in court, and court ordered that I pay attorney's fees under C.R.S 13-17-102 when I have been prose and with harsh assumptions with no facts and disregard to my pleadings to include evidence. I am on disability from work and have no income and... Read more »

Stephen J. Plog
Stephen J. Plog answered on Apr 13, 2018

You need to consult with an attorney quickly. A court can order fees if frivolous or baseless motions are filed or things are done and it does not have to take your disability into account. That being said, there may be steps you can take to lessen the amount, challenge the ruling, etc. The... Read more »

1 Answer | Asked in Bankruptcy and Collections for Colorado on
Q: Am I responsible for my husband's medical bills?

My husband did not have insurance and spent the night in the hospital. Now they are trying to garnish my wages.

Kevin Scott Neiman
Kevin Scott Neiman answered on Mar 22, 2018

The rules for determining which spouse is responsible for what debts incurred during the marriage vary between states and largely depend on the type of debt incurred. CO is a separate property state (not a community property state) which means that you are not legally responsible for your... Read more »

1 Answer | Asked in Family Law and Collections for Colorado on
Q: My sister (located in virginia) has been served papers by our father suing her for $7,000 he gave her as a gift for a

Car and as payment for 4 months he lived with her. (Long story short, he's a drug and alcohol addict and she took him in during his latest relapse). He verbally told me over the phone that he "gave" it to her and told her the same. Her housemates were there and also heard it referred to by him as a... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Dec 14, 2017

She should be sure to respond to the court papers in order to dispute the claim. Without any paperwork, it will come down to testimony presented in court by her and any witnesses. The court can find it was a gift if that is what the judge thinks after hearing all the evidence.

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Colorado on
Q: My daughter received school loans and needed a cosigner at the time she is now 33 I'm am now being sued for her loan

Now that she is older is there anyway I can be taken off of these loans because I have my own school loans that I'm paying back?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 8, 2017

Short of your daughter refinancing the loan (and not having you as a cosigner or guaranteer to the loan) or repaying the loan, there is no way to remove your name.

1 Answer | Asked in Family Law, Collections and Consumer Law for Colorado on
Q: My father and I own a motorcycle and vehicle together if he gets sued do I lose the property? How does that work?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Aug 3, 2017

If you are both on title, then you and your father are co-owners. The motorcycle can be included as property for both your and your father (i.e. it is a potential assets in a lawsuit). If judgment includes the bike (meaning that no other assets can meet the payment required by a successful lawsuit... Read more »

1 Answer | Asked in Collections and Contracts for Colorado on
Q: What rights do I have to take inventory of Mary Kay product that I payed for that was intended to be used another.

We payed her startup fee and 1800 for her inventory and we are having her move out and are almost positive we will not be payed back and would like to take the product so that it can be returned to gert our money back.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 12, 2017

Absent a written agreement there is no definite course of action for either party. A lot turns on the specifics of the situation. For this you will need to pay a lawyer for their opinion.

1 Answer | Asked in Business Law, Collections and Personal Injury for Colorado on
Q: Can a lawyer call you on your personal phone and at work to collect a personal debt owed to his friend?

He is a personal injury attorney who is contacting me about a friend I supposedly owe money to. He even sent me a text asking for my address. I doubt he has a fee agreement with the other party but it feels like harassment at this point. I'm not trying to sue him but can I make a complaint to the... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jun 8, 2017

Yes.

1 Answer | Asked in Consumer Law, Contracts, Collections and Landlord - Tenant for Colorado on
Q: If I cannot afford to pay my rent, would my credit score be affected even though I have a co-signer?

My name is on the lease agreement, however I am not the co-signer. My credit is in good standing, but I have heard that a default on rent payments is very negative towards credit score. Is this true, or will my credit score be unaffected since the co-signer is obligated to pay the remaining rent... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on May 18, 2017

Any non-payment (when reported) will negatively impact your credit score, just like any payment on time will beneficially impact your score. If the rent is paid (it does not matter who paid it) there should be nothing to report. If there is a non-payment, this can be reported. It is a wholly... Read more »

1 Answer | Asked in Collections for Colorado on
Q: My neighbor was served my court summons instead of me. Can my case get thrown out because of this?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on May 11, 2017

There is a defect in service, however you clearly were notified despite the incorrect personal service. As a result, there is no definitive answer. A lot will depend on the judge and the actions of the two parties.

1 Answer | Asked in Business Law, Collections, Lemon Law and Consumer Law for Colorado on
Q: The company didn't pay return shipping cost for wrong item shipped. UPS held me responsible for the bill as a shipper

The company shipped to me freight delivery that I never have bought from them. After long dialog with different departments of this company I received promises from Claims Department to resolve this problem and they are working on it. They are ordered pickup of their merchandise. But they did not... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 4, 2017

You may have grounds for a case. You should continue to try to seek an agreement between you and the seller (not UPS), but if this does not work litigation is your best choice. You likely qualify for small claims court. You may need an attorney for assistance, but you are not required to have an... Read more »

1 Answer | Asked in Collections for Colorado on
Q: If me and my former roommate have a collections account open on the money owed to an apartment and i pay my half can i

Get the other half removed from my name?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 13, 2017

Review the documents that created the account. For most roommate situations, all parties listed on the lease agreement are jointly and separately liable for all the required payment(s). In other words, you may be required to pay the full 100% of the deficiency to the landlord. If this occurs, you... Read more »

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Colorado on
Q: Can I collect fees associated with my small claim against a person I contracted for and will not pay documented amount?

I delivered a package for a gentleman I just started working with. We didn't have a contract, but I have many text messages documenting the time worked, receipts, and him saying he will pay me a specific amount.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 19, 2017

Yes you can. Contacts can be formed via oral agreements, text messages, performance (action), and written agreement. Be aware that you have to prove that an agreement was formed. Based on your facts the text messages should prove this, but also collect any receipts or other evidence that you... Read more »

1 Answer | Asked in Collections and Tax Law for Colorado on
Q: I got a 1099 for a settlement i didn't get!! How do i look in to thid to find out what's going on?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 8, 2017

The 1099 should list the person/entity that submitted the 1099. Contact them to see if there was a clerical error. If there is an assertion that no error was made (and you can prove that you did not receive this compensation), you can file an appeal with the IRS or file a return expecting an audit... Read more »

1 Answer | Asked in Consumer Law and Collections for Colorado on
Q: I'm being garnished for a debt I don't even know if I owe from 24 years ago. How can I get ANY info on original incident

IE; the year occurred, who owed to, original amount owed, any $ pd towards already. They are planning on collecting close to $10000.00 from me for this "mystery debt" I supposedly occurred 24 YEARS ago (the lawyer has been going to court every 6 years on it, unbeknownst to me). I am a single mom... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 8, 2017

Lenders can make mistakes, but if there are court orders there is a better likelihood that there is some merit to the lender's claim. Bankruptcy is an option. You will need to contact a bankruptcy attorney for a full review of your situation (also mention the vagueness of the debt). Unrelated, it... Read more »

1 Answer | Asked in Consumer Law and Collections for Colorado on
Q: Someone told our friend from a credit union it was a serious crime to not park the car she is financing at her address

Clarification: The credit union advertises itself as a helpful way to find solutions and have a reasonable deal. The friend is simply making payments to the credit union, she is not an employee of theirs. They have not given her hardly any equity after almost four years of payments of over 100 each.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 1, 2017

What?! Provided that the person is current on the loan or lease on the car, it can be parked anywhere she chooses. Some loan agreements have clauses that may restrict hiding a car or leaving the listed address if payments are not current. These types of clauses are wholly civil matters and carry no... Read more »

1 Answer | Asked in Collections and Consumer Law for Colorado on
Q: Are there special rules (in Colorado) governing the collection of debts that are a result of criminal fines?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 1, 2017

Yes and no. Civil fines and criminal fines/restitution are found in different code sections (criminal fines are found in the criminal code). Both systems operate the same manner and have similar collection procedures and penalties for non-payment. Criminal fines (unlike civil) can impact other... Read more »

1 Answer | Asked in Collections for Colorado on
Q: Hi, I live in Colorado. A collection agency put a lein on my home 6/2014, for the total amout of my debt $3,150

I had been paying on debt for 3 years regularly. I was recently served via mail a motion to revive judgement for the unpaid balance + costs in the amount of $1,269. Is this legal?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Nov 14, 2016

Without looking at all the materials and facts of the case I cannot provide a definitive answer, but it is generally legal in Colorado to charge cost and interest on unpaid debts. I am not sure if "regularly" means that you are current on the debt (from you facts I think you are not, but I am not... Read more »

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