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Colorado Collections Questions & Answers
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... 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,... 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... Read more »

1 Answer | Asked in Employment Law, Collections and Workers' Compensation for Colorado on
Q: I was hurt on the job back in 2012. The court ordered my employer to pay but didn't. Now my paychecks are garnished.

How do I get this stopped. And paid back. Because of this I haven't been able to feed my family

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

I do not understand how you, as the injured party, have your wages garnished... If the garnishment occurred due to unrelated matters, the best advice is to contact an attorney you can handle both the garnishment and the unpaid disability pay.

1 Answer | Asked in Consumer Law and Collections for Colorado on
Q: A company is calling all my family saying I am being sued and they need to find me is this legal

A company I assume is a collection agency but maybe a lawyers office has called several of my family members across the US saying it is urgent they get me because I am being sued in court for fraud. First can someone really tell my family or friends such personal information.? Also wouldn't I... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 10, 2016

Collection agencies often skirt the law. In most states, they can lawfully contact relatives and sometimes neighbors/employers. Lawyers are different because they are restrained in some collection tactics, but they can easily file a lawsuit to collect. There can be legitimate reasons to contact... Read more »

1 Answer | Asked in Collections, Contracts and Probate for Colorado on
Q: My friend signed a promissory note to me and loaned me money. Her husband didn't sign. She passed away and his attorney

Said I have to pay him. Not a problem. When he passes, I don't surely have to pay his heir? This note was not transferred by my friend to be collected. Husband is sole heir

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 3, 2016

It is correct that the note must be paid to the surviving spouse, his heirs, the executory of either person or any one who possesses the note. The promissory note is a "negotiable instrument" and can be transferred to anyone who can seek collection. If you don't pay, anyone holding... Read more »

1 Answer | Asked in Collections and Consumer Law for Colorado on
Q: Can a finance company for a car loan come back later claiming they're still money owed back in 2010. Now 2016

They sent a letter thanking me for paying off the loan in full and signed title over.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 1, 2016

The bank should have provided you with an explanation of how the error occurred and how much the claimed error is in dollars. If they provide documentation and are correct, you will have to pay the missed payment(s). However, you cannot be charged interest or penalties (unless there is evidence of... Read more »

1 Answer | Asked in Probate and Collections for Colorado on
Q: My Father passed away unmarried in June. I received a bill for him at my address

for the ambulance ride. Am I responsible to pay this debit?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 27, 2016

His estate is likely responsible for the debt. You are not generally liable UNLESS you have already probated/distributed all assets from his estate to your personal accounts. There are several exceptions to this rule, so contact a probate attorney for guidance. Lastly, the personal representative... Read more »

1 Answer | Asked in Collections for Colorado on
Q: I have a question, my feonce has been given a garnishment levy and has been garnished more than once is that legal in th

State of wyoming? To use the same garnishment Levy to collect more money from him when the 127.02 plus the 7.36 for cost of service is already payed for

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jun 25, 2016

I'm not sure what is happening here... If you are asking, can two garnishments occur concurrently, the answer is generally yes.

1 Answer | Asked in Collections for Colorado on
Q: how do i request funds i am entitled to from the judge that are currently sitting in the district court registry
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jun 24, 2016

The best way to handle this is to visit your local courthouse and ask the clerk. They will direct you to the correct form.

1 Answer | Asked in Collections and Criminal Law for Colorado on
Q: I wasn't home when I was being summoned. How do I find out where its from?

My room mate answered the door, and described him as a younger guy, red shirt, and "sketchy" looking. She automatically distrusted him, as all he kept saying "Is (my name) here? Is (My name) here? He said this multpile times according to her, where he finally said, "She's... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jun 6, 2016

A summons is normally a procedural requirement that you must appear for court as a party or witness. It sounds like a process server (private) was sent to serve you. The process server will come by at least 2 more times. You can try calling your local courthouse to see if there is a case filed... Read more »

1 Answer | Asked in Collections for Colorado on
Q: Do I need to go thru court for a second garnishment?

Defendant went to once a week on 1st garnishment (so he wouldn't get garnished), and got a second job. Is the 1st garnishment good enough or do I need to go thru court for the second employer?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on May 3, 2016

You will need to service notice to the second employer of the garnishment and file with the court (assuming you want to be a judgment creditor). You will not need to re-litigate the facts of the case. You may need to get a court order depending on whether the debtor objects to the garnishment. The... Read more »

1 Answer | Asked in Collections and Consumer Law for Colorado on
Q: Is legal for a garnishment company to share my information with other collection agents they work with?

I had my wages garnished over a medical bills from 18 months ago. After I paid the debt off I found I was being garnished again over a car loan from 2005. I have a feeling the garnishment company alerted these people as the loan was very old and had dropped off my credit bureau.

I had... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 28, 2016

You should contact a lawyer. Some information can be shared; sometime debt collectors simply review recent court filings (open to the public).

1 Answer | Asked in Collections for Colorado on
Q: A Biz in NC owes me money after using my services in Denver Co, What are my options to collect the balance.

Biz Rep blocked my number and threaten me not to call him again using inappropriate language.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 22, 2016

Small claims court. Win the case and then seek court enforcement of the judgment. The process can be done with or without a lawyer. The costs are a few hundred dollars, but it will waste time... Your call.

1 Answer | Asked in Collections for Colorado on
Q: I don't know whether my son should call on old medical bills or not

My son (26) has 5 collection records totaling about $4500 for an accident while uninsured 6 years ago on his credit report. Majority is for ambulance. Opened 5 - 5.5 years ago. Colorado has 6 year SOL. Should he: 1-still attempt to setup payment plan - won't this reset amount of time on... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 15, 2016

Justia Q&A is not protected by attorney-client privilege (because not attorney-client relationship exists), so if a lawyer answers your question and provides advice you will be limited in your options (and any attorney can be subject to discipline). In sum, you should contact an attorney in... Read more »

1 Answer | Asked in Collections and Foreclosure for Colorado on
Q: i live in CO If I foreclose on a house and they sell,but dont get enough, can they come after me to get the rest ?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 5, 2016

Yes, a lender can pursue a deficiency judgment (collect the difference between the loan amount and the sale price in foreclosure) in Colorado provided that certain conditions are met (if you received notice from a court, then the requirements are met). If the deficiency amount is substantial or... Read more »

1 Answer | Asked in Collections for Colorado on
Q: what kind of lawyer do I need to talk to about answering a judgement summons? It is a medical debt.

My Husband went in for a medical procedure which we did not end up doing as the doctor refused. The office refunded our money. They sent us a bill and we talked to them about it and they said we owed nothing but now we have a summons for the court to enter a judgement. We do not feel that we... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 29, 2016

I would recommend that you contact a general practice attorney. Any attorney can handle this type of work, but some specialists may not because they limit the scope of law they cover. Lastly, you can file a reply pro se (w/o a lawyer) and have an attorney appear after the filing (do not wait for... Read more »

1 Answer | Asked in Collections, Health Care Law and Consumer Law for Colorado on
Q: Had to take an ambulance ride. The ambulance company did not file the claim to the insurance company in their allotted

time frame so they say they will not pay. Now the ambulance company is expecting me to pay out of pocket. Am I responsible for this bill since it is their fault for not filing the claim in time?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 8, 2016

I' handling a similar matter like this today. There is not a clear rule on this matter and it partly depends on your insurance. As a general rule, your insurance carrier requires the ambulance company (like all medical billers) to follow certain procedures. If the biller (the ambulance... Read more »

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