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How to Settle a Debt in Colorado

Sarah Edwards | December 13, 2022

Sarah Edwards
Legal Expert
Sarah Edwards, BS

Sarah Edwards is a professional researcher and writer specializing in legal content. An Emerson College alumna, she holds a Bachelor of Science in Communication from the prestigious Boston institution.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

How it feels to settle your debt in Colorado ^^

Summary: If you’re being sued for unpaid debt in Colorado, you’re probably wondering if you can settle the claim before your court date. First, respond to the debt lawsuit with an Answer. Second, send your initial settlement offer to start negotiations. Finally, get your debt settlement in writing when you’ve reached an agreement. Debt settlement is possible — let SoloSuit show you how.

If you’re like many Coloradans, you’re paying back a personal loan, medical debt, or a credit card—or all three. While you try to stay on top of your obligations, you might get too caught up in debt and find it impossible to make your payments.

When you stop paying your creditors, they take notice. They’ll probably start calling you and sending you letters. If you don’t resume your payments, they may charge off your account, sell it to a collection agency, or file a lawsuit against you.

Being sued for debt is no joke. Luckily, you have resources that can help you fight back and win in court. One such resource is debt settlement.

This article will outline everything you should know about how to settle a debt in Colorado and what it’s like working with a debt settlement company.

Follow these three steps to settle a debt in Colorado

If you’re the subject of a debt lawsuit, you face a judgment that allows your creditors to garnish your wages or freeze your bank account. A judgment remains a public record, and it will be visible to anyone who searches for it, including future employers and creditors.

You want to avoid a judgment at all costs. You can do so by defending yourself against the lawsuit and repaying or settling the debt before your court date.

If you’re ready to settle your debt, you’ll need to understand the process. Here are three steps to settle your debt in Colorado:

  1. Respond to the debt lawsuit with an Answer.
  2. Make a settlement offer to start negotiations.
  3. Get the settlement agreement in writing.

Below, we’ll break down each of these steps in detail. You can also check out the following video to learn more:

1. Respond to the debt lawsuit with an Answer

A debt lawsuit begins when your creditor or debt collector files a Summons and Complaint (also known as a Petition or Warrant of Debt in some states). The Summons is usually just an official notification of the lawsuit. A Complaint, on the other hand, lists the reasons for the lawsuit, such as nonpayment of debt. It also stipulates the total value of your debt, including any interest or penalties.

You’ll want to provide a legal response, known as an Answer, to the Complaint. While you plan on settling the claim before your court date, an Answer protects you in case your efforts fail. Your creditor won’t be able to ask the judge for a default judgment; instead, they’ll have to hear your side of the story first.

Your Answer contains your defense to the debt lawsuit. You’ll list reasons why the legal claim against you is unreasonable, such as improper validation of the debt or a lack of business relationship with a debt collector. If neither of those defenses is appropriate to your claim, search for one that is.

Learn more about how to respond to a Colorado debt lawsuit here.

In Colorado, you have 21 days to respond to a debt lawsuit before you lose automatically by default judgment. So be sure to respond before the deadline, giving yourself time to work out a settlement.

Respond to your debt lawsuit in Colorado online in minutes.

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2. Make an offer to start negotiations

Your next step is determining how much you can afford to pay on the debt. Evaluate your upcoming paychecks and check your savings. If you don’t have much money to use toward a settlement, consider taking on a few odd jobs or asking friends and family for help.

After you’ve calculated how much you can pay, do some research on your creditor or debt collector. Determine how much they might accept as an offer. Here are some questions to consider:

  • Is your debt a signed promissory note or book account?
  • Is there a meritorious defense?
  • Are there any offsets to your debt?
  • Does your debt beat interest?
  • Is there a valid fee-shifting provision connected to your debt account? A fee-shifting provision requires the borrower to pay the cost of collection.
  • When was the last time you paid on the account?
  • Is the debt owned by the original creditor or has it been assigned to someone else?
  • Is your debt part of a federal or state loan program or is it a private loan?
  • Is your debt a secured credit?
  • Is your debt dischargeable in bankruptcy?
  • Is your debt from a student loan?

The answers to these questions will have a huge effect on how much your creditor or collector is willing to accept as a settlement.

While the average consumer reaches a settlement of 50% the original debt amount when working with a debt settlement company, it isn’t always easy to get a settlement at that rate. Even 60% is more likely.

So, after you’ve determined how much you can afford to pay off and what is likely to be accepted, send an offer. Consider starting at around 60% of the debt value. Next, the creditor or debt collector will consider whether a judgment is worth pursuing or whether a lump-sum payment is more cost-effective.

You’ll probably go through several rounds of negotiation before you arrive at a deal. Don’t accept any offer that you can’t afford to repay. If you do and fail to make your payment, your creditor will continue the lawsuit against you — and probably win.

SoloSettle takes care of the settlement negotiation process for you.

3. Get the settlement agreement in writing

We recommend that you get your settlement agreement in writing. A written agreement ensures that you and your creditor fully understand the terms of your contract, including the amount you’ll pay, when it’s due, and how you’ll transfer the money.

Your contract should stipulate that your payment resolves the debt. Your creditor won’t be able to pursue you for the remaining balance through a legal claim, and they’ll halt further collection activities.

We recommend including space for the notarization of the agreement for both parties. Notarizing the deal ensures that there are witnesses to the contract and adds an additional layer of legal credibility.

Typically, the creditor or collector will draft the settlement agreement for you. Just make sure to review it carefully before you sign it. Below is a debt settlement agreement sample:

SoloSettle Debt Settlement Agreement

Note that each state has different requirements for settlement agreement documents.

Let SoloSettle manage your debt settlement agreement for you.

Now that you’re familiar with the steps to debt settlement, let’s walk through an example.

Example: Kayla receives a subpoena asking her to appear in court for a debt lawsuit brought by her creditor, XYZ Financial. She took out a personal loan a year ago and stopped making payments when she ran into financial trouble. XYZ Financial is suing her for the remaining balance of the loan, which is $2,000. Kayla files an Answer with the court, alleging that XYZ Financial hasn’t validated the loan balance. Next, she decides to negotiate a settlement with XYZ Financial for 60% of the loan’s value, or $1,200. XYZ Financial considers her offer and counters it with $1,400. Kayla agrees to the settlement and drafts an agreement. Once she and XYZ Financial sign the contract, Kayla transfers the money. XYZ Financial drops the lawsuit against her and reports the account settled to the credit reporting bureaus.


Colorado debt collection laws and debt settlement laws can protect you

The Federal Trade Commission has recently amended the Telemarketing Sales Rule to expand debt settlement regulations to all debt relief organizations and companies. All 50 states, including Colorado, are governed by this Rule as it relates to debt settlement practice.

Under the new Rule, any company that provides debt relief services, namely debt settlement companies, cannot:

  • Charge upfront fees. Debt settlement companies cannot collect any fees from a consumer before the debt has been effectively settled or otherwise resolved.
  • Fail to disclose certain information about its services before a consumer enrolls in the program. This includes how much the service costs, how long it takes to see results, how much money must be saved before a settlement offer is made, consequences that may occur if the consumer fails to make payments on time, customer’s rights, and other important terms.
  • Misrepresent their services. No false or unsubstantiated claims can be made regarding a debt settlement company’s services.

Colorado also adheres to the Fair Debt Collection Practices Act (FDCPA), which prohibits creditors and debt collectors from taking specific actions against a debtor, including:

  • Calling a debtor before 8 a.m. or after 9 p.m. concerning an obligation.
  • Telling a consumer they’ll go to jail if they don’t repay a debt.
  • Contacting a debtor at their place of employment if the debtor asks them not to.
  • Calling a debtor repeatedly or more than seven times a week.
  • Using threatening or obscene language to collect a debt.

In addition to the FDCPA, the Colorado Fair Debt Collection Practices Act limits the actions of debt collectors. According to the law, debt collectors cannot:

  • Threaten the use of violence to collect a debt.
  • Publish a list of consumers who refuse to pay their debts.
  • Falsely represent that they are a government representative.
  • Imply that the consumer committed a crime.
  • Communicate with the debtor via postcard concerning a debt.

Under CO Rev Stat § 13-80-101 (2016), oral and written contracts have a statute of limitations of three years. CO Rev Stat § 13-80-103.5 (2016) limits the collection of debt on accounts to six years.

Learn more about the statute of limitations on debt in Colorado here.

What’s the best debt settlement company?

If you want assistance settling your debts, we can recommend a few companies.

SoloSettle

SoloSettle helps individuals facing a debt lawsuit negotiate a settlement for their obligations. We speak directly with your creditors and debt collectors on your behalf to reach a settlement agreement. Once we have a deal that you approve of, we’ll help manage your debt settlement agreement and facilitate your payment.

Many consumers prefer SoloSettle over traditional debt settlement companies for a few reasons:

  • You can settle debts of any size with SoloSettle. Many debt settlement companies require you to have a debt over $15k.
  • SoloSettle actively attempts to settle your debt, whereas many debt settlement companies take a more passive role, waiting for settlement offers to come to them.
  • SoloSettle is offered by SoloSuit, a trusted brand and a legitimate company. Many traditional debt settlement companies are actual scams.
  • SoloSettle has legal defense built in with SoloSuit. While settling, you can use SoloSuit to block lawsuits if you need. Most debt settlement companies don’t provide legal defense; if you’re sued for a debt you are on your own.

Below is a review from a real SoloSettle customer:

“I'm very thankful for SoloSettle.. Having a third party negotiate the settlement was instrumental in resolving this case and saved me from two giant headaches: 1) I didn't have to deal with the plaintiff's lawyer and 2) I didn't have to go to court. I also love that the payment was processed through SoloSettle. I was nervous about sharing my personal financial data with the other side, but SoloSettle protected that for me. I hope I never get sued again, but if I do, I would use SoloSettle again in a heartbeat.

SoloSettle really saved me a ton of time and heartburn and kept me from having to be my own lawyer in court.”

Want help settling a debt lawsuit? Learn more about SoloSuit’s solutions.

National Debt Relief

National Debt Relief is one of the nation’s largest debt settlement companies. Clients must have $7,500 in unsecured debt to qualify. They’ll agree to make monthly payments, which National Debt Relief will use to settle debts with creditors. Programs last between two and four years.

Freedom Debt Relief

Freedom Debt Relief is one of the larger debt settlement organizations. Since 2002, the company has helped thousands of people resolve their debts through settlement. To qualify for debt settlement, consumers must have a minimum of $7,500 in unsecured debts. Fees range from 15% to 25% of the total settlement value.

What are the best ways to contact a creditor?

You can contact your creditor via email, phone, or letter to begin the debt settlement process.

We recommend email since it’s fast, convenient, and verifiable. You’ll be able to consider each message from your creditor before writing your reply.

However, a phone call can speed up the debt settlement process if you don't have much time. You can usually work out an agreement in under an hour if your creditor is willing to settle.

If you decide to call your creditor, we recommend recording the conversation. Under CO Rev Stat § 18-9-303, you can record your phone call with the creditor without informing them.

FAQ about how to settle a debt in Colorado

You may have other questions concerning debt settlement in Colorado. Here are a few of the most common we hear.

Q. What percentage of my debt should I offer to settle?

If at all possible, you should offer at least 60% of the total value of your debt. That’s enough for your creditor to know you’re serious about resolving your obligations. If you can’t afford 60%, offer what you can and explain your financial situation. Your creditor might be willing to compromise and accept a lesser amount.

Q. How long before a debt becomes uncollectible in Colorado?

Oral and written contracts have a statute of limitations of three years, while debts on account have a statute of limitations of six years. Once your debt passes this limit, creditors can no longer pursue a lawsuit against you. However, they can report your account to the credit bureaus. They can also send you letters and call you.

Q. Is it better to settle a debt or pay it off?

You should make every attempt to repay your debt. Repaying your debt keeps you on good terms with your creditors and looks better on your credit report. However, settling your debts can help you resolve the issue and avoid a judgment if you're facing a debt lawsuit or extenuating financial circumstances.

How to get debt relief in Colorado

SoloSuit has several other articles concerning Colorado's debt relief and debt collection laws. Here are a few you can review:

Debt settlement is your solution to a debt lawsuit

If you’re facing a debt lawsuit, you’ll want to settle your creditor’s claim before it becomes a potential judgment. Contact your creditor and negotiate a settlement you can afford. Make sure to get the agreement in writing before transferring any money.

Explore SoloSuit’s debt settlement solutions.

What is Solo?

Solo makes it easy to resolve debt with debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt. SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.

No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Debt collector guides

Are you being contacted by a debt collector? We’re making guides on how to resolve debt with each one.

Arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Bankruptcy

Bankruptcy is a great way to legally resolve debt, but it's usually best to consider it as a last resort. Here are some bankruptcy guides to help you decide which debt resolution option is best for you.

Check your case status

Don’t have time to go to your local courthouse to check the status of your case? We’ve created state guides on how to check the status of your case throughout the US, complete with online search tools and court directories.

Credit

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt, along with other credit-related resources.

Debt collection FAQs

Find answers to some of our the most commonly-asked questions about debt collection below.

Debt collection documents and templates

If you're dealing with debt, these documents and templates will help you respond, protect your rights, negotiate, and resolve your debts.

Debt relief

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt settlement

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created state guides on debt settlement. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

Eviction

Facing an eviction? The following guides will help you navigate your situation with confidence.

Federal debt collection laws

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Legal aid

Helping people find access to justice is at the heart of Solo's misison. If you're dealing with a legal debt issue, the following guides will help you through it.

Medical debt

Having a health challenge is stressful, but dealing with medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Personal finance

Learn how to manage your finances and overcome crushing debt. Check out our personal finance guides below.

State debt collection laws

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote guides on each state’s statutes and more.

Stop collection calls

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Wage garnishment

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in your state, plus other wage garnishment resources.

The Debt Hotline

Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.

Other debt resources



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