Colo. Rev. Stat. § 5-20-213

Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session
Section 5-20-213 - Actions - counterclaims
(1)
(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.

C.R.S. § 5-20-213

Amended by 2023 Ch. 360,§ 28, eff. 8/7/2023.
Added by 2021 Ch. 378, §5, eff. 6/29/2021.
2023 Ch. 360, was passed without a safety clause. See Colo. Const. art. V, § 1(3).