C.R.S. Section 5-20-213
Actions

  • counterclaims

(1)

Intentionally left blank —Ed.

(a)

For litigation proceedings commenced on or after June 29, 2021, a court shall not enter a judgment on a private education credit obligation if the collection agency does not comply with the requirements of section 5-20-212.

(b)

For litigation proceedings commenced before June 29, 2021, the court shall not enter a judgment until the collection agency is provided an opportunity to submit proof of compliance with section 5-20-212.

(2)

If a creditor or collection agency fails to comply with the requirements of this part 2, a private education credit borrower may bring an action, including a counterclaim, against the creditor or collection agency to recover or obtain:

(a)

An order setting aside or vacating any default judgment entered against the private education credit borrower;

(b)

A judgment in favor of the private education credit borrower;

(c)

Actual damages or five hundred dollars, whichever is greater;

(d)

Restitution of all money taken from or paid by the private education credit borrower after a judgment was obtained by a creditor;

(e)

Punitive damages;

(f)

Injunctive relief;

(g)

Correction of the private education credit borrower’s credit report;

(h)

Attorney fees and court costs; and

(i)

Any other relief that the court deems proper.

Source: Section 5-20-213 — Actions - counterclaims, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-05.­pdf (accessed Oct. 20, 2023).

5‑20‑101
Short title 5‑20‑102
Scope of article - residence of debtor 5‑20‑103
Definitions 5‑20‑104
Student loan ombudsperson - report - fund - rules 5‑20‑105
License required 5‑20‑106
Licensure of student loan servicers - definition 5‑20‑107
License and investigation fees 5‑20‑108
Affirmative acts required of student loan servicers - definitions 5‑20‑109
Prohibited acts of student loan servicers 5‑20‑110
Powers and duties of the administrator - rules 5‑20‑111
Compliance with federal law 5‑20‑112
Civil action 5‑20‑113
Application of administrative procedures - provisions 5‑20‑114
Administrative enforcement orders 5‑20‑115
Assurance of discontinuance 5‑20‑116
Injunctions 5‑20‑117
Civil actions by the administrator 5‑20‑118
Limitations 5‑20‑119
Confidential information 5‑20‑201
Scope of part - construction with other laws - legislative declaration 5‑20‑202
Definitions 5‑20‑203
Registration of private education creditors - penalties - rules 5‑20‑204
Cosigner disclosures 5‑20‑205
Cosigner release 5‑20‑206
Cosigner rights 5‑20‑207
Bankruptcy or death of cosigner 5‑20‑208
Total and permanent disability of the private education credit borrower or cosigner 5‑20‑209
Refinancing - additional disclosures - limitations on default pending approval 5‑20‑210
Prohibited conduct 5‑20‑211
Record retention - confidentiality 5‑20‑212
Collection on debt - prerequisites - documentation 5‑20‑213
Actions - counterclaims 5‑20‑214
Remedies - civil actions - limitations - deceptive trade practice
Green check means up to date. Up to date

Current through Fall 2024

§ 5-20-213’s source at colorado​.gov