Sued by a debt collector in Colorado

Your deadline to answer a debt lawsuit in Colorado, what happens if you don't, old debts as a defense, and the steps to take now.

Short answer

Check your court papers for the deadline. County court: the summons gives a date and time. You must file a written answer before then, or go to court at that date and time and file it there. If you do not file an answer, the court may enter a default judgment against you for what the collector asked for. A debt older than Colorado's time limit for written contracts (6 years) can be a defense.

Time to answer
Date on the summons
Time limit to sue (written contract)
6 years
Court self-help
Official page

The answer deadline in Colorado

Time to answer
County court: the summons gives a date and time. You must file a written answer before then, or go to court at that date and time and file it there. Filing an answer has a fee; if you cannot afford it, you can go to court on that date, fill out a financial form and ask the court to waive the fee. (Colorado County Court Civil Summons, Form 1)
Court self-help
Colorado court self-help (official)

Elsewhere the time to answer runs about 14–30 days; in Colorado, the summons and the rule above decide.

In nearby states

What a default means in Colorado

If you do not file an answer, the court may enter a default judgment against you for what the collector asked for. (Colorado County Court Civil Summons, Form 1)

More Colorado rules on collection suits

  • Up to $2,500 in your bank accounts is protected from a collector with a judgment. (C.R.S. § 13-54-102(1)(w))
  • A collector who sues you must file in the county (judicial district) where you live now or where you signed the contract. (C.R.S. § 5-16-111(1))
  • If a debt buyer sues, the court papers must include a copy of the original agreement and other records about the debt; for medical debt, an itemized bill. (C.R.S. § 5-16-111(2))
  • 2024: a collection agency that is not the creditor or debt buyer may sue only if the original creditor's name appears first in the case caption and it has a full assignment with settlement authority (H.B. 24-1380, C.R.S. § 5-16-111(1.5), effective Aug. 7, 2024); training-repayment costs an employer may recover count as a 'debt' under the act (H.B. 24-1324, C.R.S. § 5-16-103(8)(a.5)).

Old debts as a defense in Colorado

Colorado's time limit to sue is 6 years (Colo. Rev. Stat. § 13-80-103.5(1)(a) (6 years to collect a debt or a set amount of money owed)). On whether a payment restarts the clock in Colorado: A new promise or acknowledgment counts only if it is in writing and signed by you. Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)).

Check Colorado's statute of limitations

After a judgment in Colorado

  • Wage limit: Stricter than federal: no more than 20% of your disposable earnings a week, and none of the pay below 40 times the federal or Colorado minimum hourly wage.
  • Bank account: Up to $2,500 total in your bank accounts is exempt. (C.R.S. § 13-54-102(1)(w))
  • Property: Your home is protected up to $250,000 in equity ($350,000 if you, your spouse or a dependent living there is 60 or older or disabled).

Colorado's garnishment rules

If the collector broke the law in Colorado

You can sue a collector who breaks the Colorado act for your actual damages, up to $1,000 in extra damages, and court costs and lawyer fees. You must sue within 1 year of the violation. You cannot collect twice for the same violation under both state and federal law.

What to do if you are sued in Colorado

  1. Check that the case is real

    Find the case through the court's own website or clerk.

  2. Count the days

    In Colorado: County court: the summons gives a date and time. You must file a written answer before then, or go to court at that date and time and file it there.

  3. Answer in writing

    Give the answer to the clerk and send a copy to the other side's lawyer. Start with Colorado court self-help (official).

  4. List your defenses

    Is it yours, is the amount right, did you pay, is it older than Colorado's 6 years for written contracts?

  5. Show up in court

    Take your papers to each hearing; a dispute letter still makes the collector prove the debt.

Free help in Colorado

Questions about debt lawsuits in Colorado

How many days do I get to answer a debt suit in Colorado?

County court: the summons gives a date and time. You must file a written answer before then, or go to court at that date and time and file it there. Filing an answer has a fee; if you cannot afford it, you can go to court on that date, fill out a financial form and ask the court to waive the fee. (Colorado County Court Civil Summons, Form 1)

What happens if I don't answer a debt lawsuit in Colorado?

If you do not file an answer, the court may enter a default judgment against you for what the collector asked for. (Colorado County Court Civil Summons, Form 1)

Can I use the statute of limitations as a defense in Colorado?

Colorado's time limit to sue is 6 years (Colo. Rev. Stat. § 13-80-103.5(1)(a) (6 years to collect a debt or a set amount of money owed)). Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)).

Related Colorado pages