Answer to Debt Collection Lawsuit (with FDCPA Affirmative Defenses) - Colorado

[____________] COURT, [____________] COUNTY, COLORADO

Court Address: [____________________________________]

Case Number: [____________]
Division: [____] Courtroom: [____]

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Filed Pursuant to Colo. R. Civ. P. 8 and 12

Defendant, [____________] ("Defendant"), appearing [☐ pro se / ☐ by and through undersigned counsel], answers the Complaint filed by Plaintiff, [____________] ("Plaintiff"), as follows:

I. PRELIMINARY STATEMENT AND RESERVATION OF RIGHTS

1. Defendant timely files this Answer within the period prescribed by Colo. R. Civ. P. 12(a) (or the County Court rule and the date stated on the summons). Defendant reserves all rights, defenses, and objections available under the Colorado Rules of Civil Procedure, including those enumerated in Rule 12(b).

2. By filing this Answer, Defendant does not admit that Plaintiff has stated a claim upon which relief may be granted, that Plaintiff owns or has standing to sue upon the alleged debt, that this Court has personal jurisdiction over Defendant, or that venue is proper. Defendant expressly preserves the right to raise any applicable motion, defense, or objection.

3. Defendant does not have possession of the underlying account documents and demands that Plaintiff produce strict legal proof of each element of its claim, including the existence, ownership, amount, and enforceability of the alleged debt.

II. RESPONSES TO THE NUMBERED ALLEGATIONS

4. Paragraph 1 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

5. Paragraph 2 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

6. Paragraph 3 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

7. Paragraph 4 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

8. Paragraph 5 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

9. Paragraph [____] of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

10. Pursuant to Colo. R. Civ. P. 8(b), Defendant denies each and every allegation of the Complaint not expressly admitted above and demands strict proof thereof.

III. AFFIRMATIVE DEFENSES

Without assuming any burden of proof not imposed on Defendant by law, and expressly reserving the right to amend or supplement under Colo. R. Civ. P. 15 as discovery proceeds, Defendant asserts the following affirmative defenses under Colo. R. Civ. P. 8(c). Defendant should select only those defenses supported by the facts; pleading clearly inapplicable defenses may be subject to Colo. R. Civ. P. 11 and C.R.S. § 13-17-101 et seq.

☐ First Defense — Statute of Limitations. Plaintiff's claim is barred, in whole or in part, by the applicable statute of limitations. Under Colorado law, an action to recover a liquidated debt or an unliquidated, determinable amount of money due, or to enforce rights set forth in any instrument securing or evidencing a debt, must be commenced within six (6) years after the cause of action accrues (C.R.S. § 13-80-103.5(1)(a)); an action on a contract, or an action where the debt collector lacks basic information such as the amount or the debt's connection to a contract, may be governed by the three (3) year period (C.R.S. § 13-80-101(1)(a)). The alleged debt accrued more than the applicable limitations period before this action was filed, and the claim is time-barred.

☐ Second Defense — Lack of Standing; Failure to Prove Ownership and Chain of Assignment. Plaintiff is not the original creditor and has failed to plead or prove that it owns the alleged debt. Plaintiff must establish a complete, unbroken chain of assignment from the original creditor to Plaintiff, including each bill of sale and assignment document specifically identifying Defendant's account. Absent such proof, Plaintiff is not the real party in interest under Colo. R. Civ. P. 17(a) and lacks standing to bring or maintain this action. See also C.R.S. § 5-16-134.5 (documentation required for debts sold or resold).

☐ Third Defense — Failure to State a Claim. The Complaint fails to state a claim upon which relief can be granted and is subject to dismissal under Colo. R. Civ. P. 12(b)(5).

☐ Fourth Defense — FDCPA and Colorado FDCPA Violations; Failure to Validate. Plaintiff and/or its predecessors are "debt collectors" or "collection agencies" subject to the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and the Colorado Fair Debt Collection Practices Act, C.R.S. § 5-16-101 et seq., and failed to provide the validation required by 15 U.S.C. § 1692g and C.R.S. § 5-16-109 and/or engaged in false, deceptive, abusive, or unfair collection practices (C.R.S. §§ 5-16-106 to 5-16-108), including filing or threatening suit on a time-barred or unverified debt.

☐ Fifth Defense — Plaintiff Not Licensed to Collect or Sue in Colorado. Under the Colorado Fair Debt Collection Practices Act, a collection agency must obtain a license before collecting debts or soliciting creditor accounts in Colorado (C.R.S. § 5-16-118), and legal actions by collection agencies are governed by C.R.S. § 5-16-111. Plaintiff has failed to plead or prove that it holds a valid Colorado collection-agency license, and is therefore barred from collecting or maintaining this action. [verify Plaintiff's licensure with the Colorado Collection Agency Board and confirm any applicable exemption before relying on this defense.]

☐ Sixth Defense — Payment, Accord and Satisfaction, Discharge. The alleged debt has been paid, satisfied, settled, released, discharged (including by discharge in bankruptcy), or otherwise extinguished, in whole or in part.

☐ Seventh Defense — No Account Stated; No Agreement to the Balance. Defendant never received, reviewed, or assented to the balance alleged, and never agreed that the stated sum was a true and correct statement of the account. The elements of an account stated are not satisfied.

☐ Eighth Defense — Statute of Frauds. To the extent Plaintiff relies on an agreement required to be in writing, the claim is barred by the Statute of Frauds, C.R.S. § 38-10-112.

☐ Ninth Defense — Erroneous or Unauthorized Amount; Unauthorized Fees; Usury. The amount claimed is incorrect, inflated, or includes interest, fees, or charges that were not authorized by any agreement, are unconscionable, are usurious, or exceed the limits on fees and costs of collection in C.R.S. § 5-16-111.5. Plaintiff must itemize and substantiate every component of the amount demanded.

☐ Tenth Defense — Improper Service / Lack of Personal Jurisdiction. Service of process was insufficient or defective, and/or this Court lacks personal jurisdiction over Defendant. Colo. R. Civ. P. 12(b)(2), (4), (5).

☐ Eleventh Defense — Failure to Mitigate. Plaintiff and/or its predecessors failed to take reasonable steps to mitigate the damages alleged.

☐ Twelfth Defense — Hearsay; Lack of Foundation for Account Records. Plaintiff's account records, affidavits, and computer printouts are inadmissible hearsay and lack the foundation required for the business-records exception under Colo. R. Evid. 803(6). Plaintiff cannot establish the records through a witness with personal knowledge of the original creditor's record-keeping practices, and "robo-signed" affidavits are insufficient.

☐ Thirteenth Defense — Reservation of Right to Amend. Defendant reserves the right to assert additional affirmative defenses, counterclaims, cross-claims, or third-party claims that become known through investigation or discovery, consistent with Colo. R. Civ. P. 15.

IV. DEMAND FOR DOCUMENTATION AND STRICT PROOF

11. Defendant demands that, before judgment, Plaintiff produce admissible evidence of each of the following:

a. The signed account agreement, cardholder agreement, or contract under which the alleged debt arose, together with all amendments and change-of-terms notices;

b. A complete set of monthly account statements from inception through charge-off, evidencing the transactions, charges, payments, interest, and fees that make up the balance claimed;

c. An itemization of the principal, interest, fees, and other charges comprising the amount demanded, with the contractual or statutory authority for each charge;

d. The complete chain of title to the alleged debt — every bill of sale, assignment, and account-transfer document from the original creditor through each intermediate owner to Plaintiff, including the documentation required by C.R.S. § 5-16-134.5 — together with the specific account-level data showing Defendant's account was among those transferred; and

e. Proof that Plaintiff is the present owner and real party in interest entitled to enforce the alleged debt, and that Plaintiff holds a current Colorado collection-agency license.

V. NOTICE OF POTENTIAL FDCPA / COLORADO FDCPA COUNTERCLAIM

12. Defendant gives notice that the facts of this matter may give rise to a counterclaim against Plaintiff and/or its predecessors under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and the Colorado Fair Debt Collection Practices Act, C.R.S. § 5-16-101 et seq., including claims for actual damages, statutory damages (up to $1,000 under 15 U.S.C. § 1692k and additional damages under C.R.S. § 5-16-113), and attorney's fees and costs, for conduct such as filing suit on a time-barred or unverified debt, failing to provide validation, or using false, deceptive, or unfair means to collect.

☐ Defendant asserts no counterclaim at this time and reserves all rights.
☐ Defendant asserts the FDCPA / Colorado FDCPA counterclaim set forth in the attached/following pleading.

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Dismiss Plaintiff's Complaint with prejudice and order that Plaintiff take nothing;

B. Enter judgment in favor of Defendant on all claims;

C. Award Defendant the costs of this action and, to the extent permitted by law or contract, reasonable attorney's fees;

D. Grant Defendant any counterclaim relief asserted herein; and

E. Grant such other and further relief as the Court deems just and proper.

VII. JURY DEMAND

☐ Yes — Defendant demands trial by jury on all issues so triable, pursuant to Colo. R. Civ. P. 38 and C.R.S. § 13-1-101.

☐ No — Defendant does not demand a jury trial at this time.

VIII. SIGNATURE

Respectfully submitted this [____] day of [____________], 20[____].

/s/ [____________________________________]

[____________________________________]
☐ Defendant, pro se ☐ Attorney for Defendant
Colorado Attorney Reg. No. (if attorney): [____________]
[Street Address]
[City], Colorado [____]
Telephone: ([____]) [____]-[________]
Email: [____________________________________]

IX. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [____________], 20[____], I served a true and correct copy of the foregoing Defendant's Answer and Affirmative Defenses upon Plaintiff's counsel of record (or upon Plaintiff, if unrepresented) in accordance with Colo. R. Civ. P. 5, by the following method:

☐ Colorado Courts E-Filing (CCEF) system, notice to all parties of record
☐ U.S. First-Class Mail, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery
☐ Email (by agreement / where permitted)

Addressed to:

[____________________________________]
[____________________________________]
[____________________________________]

/s/ [____________________________________]

[____________________________________]

COLORADO PRACTICE NOTES

• Answer deadline: Generally 21 days after service of the summons and complaint (Colo. R. Civ. P. 12(a)); 35 days if served outside Colorado. County Court civil cases may follow the County Court Rules and the date stated on the summons — ALWAYS read the summons. A default judgment may be entered under Rule 55 if no timely answer is filed.
• Courts: County Court (civil jurisdiction up to the current statutory limit) and District Court (general jurisdiction). Debt-collection cases are commonly filed in County Court. Verify current jurisdictional thresholds and the court named in the summons.
• Statute of limitations on debt: liquidated debt / instrument evidencing or securing a debt — 6 years (C.R.S. § 13-80-103.5(1)(a)); general contract or where the amount is not liquidated/determinable — 3 years (C.R.S. § 13-80-101(1)(a)). Most credit-card, medical, auto, and student-loan debt is treated as 6-year liquidated debt. Confirm before relying.
• Licensing: Colorado requires a collection-agency license before collecting debts or soliciting accounts (C.R.S. § 5-16-118), administered by the Colorado Collection Agency Board; legal actions by collection agencies are governed by C.R.S. § 5-16-111, and documentation requirements for sold/resold debts appear in C.R.S. § 5-16-134.5. Check the plaintiff's license status.
• State mini-FDCPA: The Colorado Fair Debt Collection Practices Act (C.R.S. § 5-16-101 et seq.) closely tracks the federal FDCPA, including validation (§ 5-16-109) and civil liability (§ 5-16-113), and caps fees/costs of collection (§ 5-16-111.5).
• FDCPA counterclaim: A claim arising from the collection of this debt may be compulsory under Colo. R. Civ. P. 13(a).

Sources and References

• Colorado Rules of Civil Procedure: https://www.coloradojudicial.gov/self-help/rules
• C.R.S. § 13-80-103.5 (6-year limitation — liquidated debt): https://law.justia.com/codes/colorado/title-13/limitation-of-actions/article-80/section-13-80-103-5/
• C.R.S. § 13-80-101 (3-year limitation — contract): https://law.justia.com/codes/colorado/title-13/limitation-of-actions/article-80/section-13-80-101/
• Colorado Fair Debt Collection Practices Act, C.R.S. § 5-16-101 et seq.: https://law.justia.com/codes/colorado/title-5/debt-management/article-16/
• Colorado Collection Agency Board: https://coag.gov/office-sections/consumer-protection/collection-agency-board/
• Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.: https://www.ftc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text
• CFPB — time-barred debt: https://www.consumerfinance.gov/ask-cfpb/can-debt-collectors-collect-a-debt-thats-several-years-old-en-1423/