Are there any defenses to a debt collection lawsuit?

Yes, there are defenses available to consumers facing debt collection lawsuits in Colorado. Generally speaking, a debt collector must prove that the consumer owes the debt in order for the debt collector to succeed in a Colorado court. Therefore, a consumer may be able to raise defenses such as lack of knowledge of the debt or that the statute of limitation has run. In Colorado, the statute of limitation for most debts is six years, which means that if more than six years have passed since the consumer last made a payment on the debt, they may be able to raise the defense that the statute of limitations has expired. Additionally, if the consumer can prove that the debt has already been paid or discharged in bankruptcy, that could also be used as a defense. If either of these defenses is successful, the debt collector will not be able to obtain a judgment against the consumer. Another potential defense is that the debt collector has sued the wrong person or has provided incorrect or inadequate evidence that the consumer is responsible for the debt. While debt collectors must follow certain rules when collecting a debt, if they fail to do so, the consumer may be able to raise a claim for improper debt collection practices. In cases where the debt collector has violated the law, the consumer may be able to obtain monetary compensation or have the debt cleared entirely. No matter the defense, it is important to be aware of the deadlines associated with debt collection lawsuits in Colorado. It is also important to know your rights and to seek legal advice if you are being sued for a debt.

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