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Colorado Collections Questions & Answers
2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Colorado on
Q: What are my steps when a law firm threatens to sue for something where the statute of limitations has expired?

I received a strongly worded letter from a law firm threatening legal action in the form of a lawsuit over an unpaid debt. They also said that it’s been noted that I attempted to basically defraud the collector because I allegedly closed a bank account. (Don’t recall this) The debt itself I am... Read more »

David Luther Woodward
David Luther Woodward
answered on Apr 12, 2022

first of all, go see a good bankruptcy/financial distress lawyer. It sounds to me like the statute of limitation might have run. If that is the case, then you have an action against the law firm.

That aside, bankruptcy could be your solution, but only a good local lawyer can give you that...
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1 Answer | Asked in Estate Planning, Collections and Health Care Law for Colorado on
Q: If my husband died in the hospital, in Colorado, am I responsible for his medical bills?

All the bills are in his name only - I had not signed anything.

Kyle Grabulis
Kyle Grabulis
answered on Mar 11, 2022

Generally speaking, you are not responsible for the debts of another person, even if its your husband's medical bills as in this case. Since they are in his name only and you did not sign anything personally guaranteeing payment, you are not responsible for that debt.

However, your...
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1 Answer | Asked in Bankruptcy, Contracts, Copyright and Collections for Colorado on
Q: What is the Statute of limitations in a auto-loan delinquency. The account was originally listed as “ “ “ charge off “

The account is now listed as closed, I never made any agreement/payment arrangements w/ creditor after the car was voluntarily repossessed.

Mike T. Ramsey
Mike T. Ramsey
answered on Jan 6, 2022

Statutes of limitations vary by state. For example in Mississippi, the statute of limitations on an auto loan deficiency is only one year. Under Colorado Revised Statute 13-80-103.5, the statute of limitations is 6 years. This runs from the date of the last payment. The fact that it is... Read more »

2 Answers | Asked in Divorce, Family Law and Collections for Colorado on
Q: How to get my name off a car I cosigned on.

I cosigned for an ex partner, the relationship was abusive and I no longer have any contact with her at all. She has since missed 23 payments on that car and is still affecting my life. How do I go about getting my name off of the car and not hurting my credit anymore than it is already hurt?

Sabra M. Janko
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Sabra M. Janko
answered on May 11, 2021

If you are married, you can file for dissolution and property settlement. If not, when you co-signed, you agreed to pay if she did not. Absent her consent to refinance in her own name, you are legally obligated to pay if she does not.

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1 Answer | Asked in Collections for Colorado on
Q: i live in denver colorado recently a towing co. backed up to my garage witch is attached to my house and towed it away

they repoed it. is it legal for them to tresspasse on my property and tow my car from in my garage

James F. Stanley
James F. Stanley
answered on Feb 16, 2021

The first action you should take is call the police and explain in detail what happened, that is make a report. The police agency will decided if the action by the repo company was criminal

1 Answer | Asked in Bankruptcy, Contracts, Banking and Collections for Colorado on
Q: If I was discharged from my bankruptcy and 1.5 years later the bank charges off my auto loan... Can my car be repo'd?

I filed a chapter 7 in 2/2019. It was discharged in 5/2019. During, I tried to reaffirm my auto loan ($48,000) so I could keep my car. Once the bankruptcy was discharged the guy at the bank stops negotiating. He then tells me he can't process the reaffirmation agreement anymore and to fill out... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 21, 2020

A Chapter 7 Discharge does not discharge a secured debt, up to the fair market value of the collateral. In other words, your bank has a lien on your car to the extent, and in the amount of, its fair market value.

But if the loan balance is greater than the car's value, so that there...
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1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Colorado on
Q: How can I find information on the end of the legal bankruptcy battle between Aurora Loan Services v Lehman Brothers

More specifically the disposition of the claimants involved and possible settlement information.

Timothy Denison
Timothy Denison
answered on Jul 16, 2020

Pacer.gov

1 Answer | Asked in Collections for Colorado on
Q: i do not know who to turn to in my situation.divorce/credit card fraud

without my consent and the collection agencies are coming after me.is this a small claims court? is this a divorce issue?? is this a fraudalaunt? is this criminal? please help

John Hyland Barrett III
John Hyland Barrett III
answered on May 4, 2020

It may be a criminal matter if credit cards were really opened without your knowledge/consent. You can report this to the local police. If this was done by your spouse, you can also deal with it in the divorce. You should get a lawyer to help you with this.

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... 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,...
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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... Read more »

Stephen J. Plog
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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... 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... 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.

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