Debt Validation Letter - Colorado

DEBT VALIDATION LETTER — COLORADO CONSUMER

[SENDER NAME]

[STREET ADDRESS]

[CITY, COLORADO ZIP]

[EMAIL] [TELEPHONE]

Date: [__/__/____]

VIA U.S.P.S. CERTIFIED MAIL — RETURN RECEIPT REQUESTED

Tracking Number: [_______________________________]

[DEBT COLLECTOR / COLLECTION AGENCY NAME]

[ATTN: COMPLIANCE OFFICER / REGISTERED AGENT]

[STREET ADDRESS]

[CITY, STATE ZIP]

Re: Account / Reference No.: [_______________________________]

Original Creditor: [_______________________________]

Alleged Amount: $[AMOUNT]

Date of Alleged Initial Communication: [__/__/____]

NOTICE OF DISPUTE AND REQUEST FOR VALIDATION

Dear Sir or Madam:

This letter constitutes timely written notice under 15 U.S.C. § 1692g(b) of the federal Fair Debt Collection Practices Act ("FDCPA") and C.R.S. § 5-16-109(2) of the Colorado Fair Debt Collection Practices Act ("CFDCPA") that I dispute the validity of the alleged debt referenced above, in whole and in part, and I request verification.

This letter is delivered within thirty (30) days of my receipt of your initial communication. Pursuant to 15 U.S.C. § 1692g(b) and C.R.S. § 5-16-109(2), you must immediately CEASE all collection of the alleged debt until you obtain verification and mail a copy of that verification to me at the address above.

1. ITEMS DISPUTED

I dispute each of the following:

• ☐ The existence of the alleged debt;
• ☐ The amount of the alleged debt, including principal, interest, fees, and costs;
• ☐ Your right or authority to collect the alleged debt;
• ☐ The chain of assignment from the original creditor to you;
• ☐ The application of payments and credits;
• ☐ The accuracy of any reporting to consumer-reporting agencies;
• ☐ Whether the alleged debt is within the applicable statute of limitations;
• ☐ Other: [_________________________________________].

2. INFORMATION AND DOCUMENTATION REQUESTED

To validate the alleged debt, please provide me with the following:

1. The full name, address, and telephone number of the original creditor;
2. The original signed contract, account agreement, or other instrument creating the alleged debt, including all amendments and signature pages;
3. A complete account history (statements) from the date of origination through the present, itemizing all charges, payments, fees, interest, and adjustments;
4. The complete chain of assignment, including all bills of sale, assignment agreements, and account-level transfer documents (loan-level data files), establishing your authority to collect;
5. Documentation showing the date the alleged debt was charged off and the date of last payment;
6. The name and address of the person or entity to whom the alleged debt is owed today;
7. A copy of your Colorado Collection Agency license issued by the Colorado Attorney General's Collection Agency Board (C.R.S. § 5-16-119; § 5-16-121); and
8. The itemization information required by 12 C.F.R. § 1006.34 (CFPB Regulation F), including the itemization date and any post-itemization-date interest, fees, payments, and credits.

3. CESSATION OF COMMUNICATIONS

Until you provide all of the above verification in writing, you are required to cease all collection activity. 15 U.S.C. § 1692g(b); C.R.S. § 5-16-109(2). Continuing collection activity during the verification period — including telephone calls, letters, account-information furnishing to consumer-reporting agencies, lawsuits, or other collection efforts — violates federal and Colorado law and will give rise to claims under 15 U.S.C. § 1692k and C.R.S. § 5-16-113.

In addition, pursuant to 15 U.S.C. § 1692c(c) and C.R.S. § 5-16-105(3), please limit any future communication strictly to:

• ☐ A statement that further collection efforts are being terminated;
• ☐ Notice that you intend to invoke a specified remedy ordinarily invoked; or
• ☐ Notice that you actually intend to invoke a specified remedy.

4. CREDIT REPORTING REQUIREMENTS

Pursuant to 15 U.S.C. § 1692e(8) and 15 U.S.C. § 1681s-2(a)(3), if you have furnished or hereafter furnish information about this alleged debt to any consumer-reporting agency (including Equifax, Experian, TransUnion, and any specialty CRA), you are required to report the debt as DISPUTED by the consumer. Failure to do so is a separate violation of the FDCPA, the CFDCPA, and the federal Fair Credit Reporting Act ("FCRA").

I have separately notified the consumer-reporting agencies of this dispute. Please correct your furnishing immediately.

5. PROHIBITED CONDUCT

You are reminded that the following conduct violates 15 U.S.C. §§ 1692c–1692f and C.R.S. §§ 5-16-105 through 5-16-108:

• Communications before 8:00 a.m. or after 9:00 p.m. local time;
• Communications at the consumer's place of employment after notice that the employer prohibits such contacts;
• Communications with third parties (other than the consumer's attorney);
• False, deceptive, or misleading representations regarding the character, amount, legal status, or attorney involvement of the alleged debt;
• Threats of action that cannot legally be taken or that are not actually intended;
• Collection of any amount not expressly authorized by agreement or law (including fees, interest, expenses);
• Attempting to collect a time-barred debt without disclosure of the limitations status.

6. PRESERVATION DEMAND

Please preserve all electronically stored information relating to my account, including call recordings, dialer logs, skip-tracing records, internal collector notes, training materials, compliance audits, and all communications with the original creditor or any prior owner of the alleged debt. Do not destroy, overwrite, or alter any such information pending resolution of this dispute.

7. COLORADO-SPECIFIC NOTICE

You are reminded that the Colorado Attorney General's Office, Consumer Protection Section, regulates collection agencies operating in Colorado pursuant to C.R.S. § 5-16-119 et seq. Complaints may be filed at https://coag.gov/file-complaint or at 1300 Broadway, 7th Floor, Denver, CO 80203. I reserve the right to file a complaint and to pursue private remedies under C.R.S. § 5-16-113 and the Colorado Consumer Protection Act, C.R.S. § 6-1-101 et seq., including treble damages and attorney fees.

8. RESERVATION OF RIGHTS

Nothing in this letter constitutes:

• An acknowledgment that any debt is owed;
• A promise or agreement to pay any sum;
• A waiver of any defense, including the statute of limitations; or
• A waiver of any right under the FDCPA, CFDCPA, FCRA, CCPA, or any other applicable law.

All rights are expressly reserved.

Sincerely,

[________________________________]

[SENDER NAME]

Enclosures (if any): [LIST]

cc: Colorado Attorney General, Consumer Protection Section (optional)

Consumer Financial Protection Bureau (optional)

File

COLORADO PRACTICE NOTES

• Timing. The 30-day validation window begins on the consumer's receipt of the initial communication (15 U.S.C. § 1692g(a)) or, under CFPB Reg. F, on the date of the validation notice. Compute conservatively; send well before day 30.
• Method of delivery. Certified mail with return receipt is the gold standard. Email is permissible under Reg. F if the collector previously communicated by email and the consumer has not opted out, but proof of receipt is harder.
• CFDCPA overlay. Colorado law tracks the FDCPA closely but adds licensing and bonding requirements (C.R.S. § 5-16-119), surety-bond claims (C.R.S. § 5-16-124), and a one-year limitations period for private suits (C.R.S. § 5-16-113(5)). Verify the collector's license at https://coag.gov.
• Consumer-reporting follow-up. Concurrently file a § 1681i(a) dispute with each CRA furnishing the trade line. The CRA must investigate within 30 days, and the furnisher's failure to mark the line as "disputed" once notified of the dispute is independently actionable.
• Time-barred debt. Colorado's general written-contract limitations period is 6 years (C.R.S. § 13-80-103.5); 3 years on most consumer debts (C.R.S. § 13-80-101). A collector's threat to sue on a time-barred debt is a per se FDCPA violation. McMahon v. LVNV Funding, LLC, 744 F.3d 1010 (7th Cir. 2014).
• Collection of unauthorized fees. A collector who tacks on unauthorized convenience fees, interest, or costs violates 15 U.S.C. § 1692f(1) and C.R.S. § 5-16-108. Demand a fee schedule.
• Settlement and 1099-C. Any settlement of $600 or more in cancelled debt may trigger 1099-C reporting. Address tax consequences in any settlement letter.

SOURCES AND REFERENCES

• 15 U.S.C. § 1692g — https://www.law.cornell.edu/uscode/text/15/1692g
• 15 U.S.C. § 1692c — https://www.law.cornell.edu/uscode/text/15/1692c
• 15 U.S.C. § 1692e(8) — https://www.law.cornell.edu/uscode/text/15/1692e
• 15 U.S.C. § 1681s-2(a)(3) — https://www.law.cornell.edu/uscode/text/15/1681s-2
• C.R.S. § 5-16-109 (validation) — https://leg.colorado.gov/
• C.R.S. § 5-16-105 (communications) — https://leg.colorado.gov/
• 12 C.F.R. Part 1006 (CFPB Reg. F) — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• Colorado AG Collection Agency Regulation — https://coag.gov/office-sections/consumer-protection/consumer-credit-unit/collection-agency-regulation/
• CFPB Sample Validation Letter — https://www.consumerfinance.gov/consumer-tools/debt-collection/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Colorado should review the letter before sending, particularly where litigation is contemplated.