There was a time where debt collectors could freely harass people to attempt to collect whatever they could get from them. These practices were ended with the Fair Debt Collection Practices Act (the FDCPA) in 1977. If you’re dealing with debt collectors: know your rights. Many actions are illegal that may give you legal recourse to fight back.
- Have you been called repeatedly by a creditor who was trying to annoy you?
- Did a collector not tell you that’s what they were or present themselves as an attorney?
- Has a creditor misled you in regards to their identity?
- Have you been cursed at by a creditor or collector?
These and many other actions are in direct violation of the FDCPA. There’s a reason Congress enacted this legislation more than 40 years ago.
Collection agencies were using unethical practices that stressed-out debtors to the point of ruining marriages, losing jobs, and bankruptcy, among other terrible outcomes. Don’t fall victim to these practices.
If you feel you are being misled, mistreated, or harassed, schedule a consultation with one of our consumer protection attorneys. We will fight to protect you against harassment or shame from unlawful collection practices.
The Rights of a Debtor
When a creditor demands you pay them, you have the right to request written proof of the debt. If they cannot provide the original contract and proof of the debt through other supporting documentation, you may not be obligated to pay it. One of our attorneys can help you navigate your particular situation and what options are available to you.
You also have the option to negotiate the debt with most creditors. Just about all debts can be brought down to some extent, and many can come down as much as 50% or more by negotiating with the credit card company or other lenders.
The statute of limitations on debts in Colorado is as follows:
- Mortgage debt – 6 years
- Credit cards – 6 years
- Medical debts – 6 years
- State tax debts – 6 years
- Auto loan debts – 4 years
As you get closer to these windows closing, sometimes creditors will become increasingly aggressive or more likely to file suits. If they cannot provide evidence and supporting documentation that proves you owe the debt, they won’t have a case at all. You may also experience credit collection agencies who purchased your account from a previous creditor attempting to collect after the statute of limitations is up, but know that they cannot pursue you in a legal capacity after that window has closed.
SuperLawyers voted Berken Cloyes, PC the top bankruptcy firm in Colorado, and 5280 Magazine voted us the top bankruptcy lawyer for the last four years in a row. We have helped countless clients who struggled with debt come out on top, and we’re here to fight for you, too.