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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 5. Consumer Credit Code § 5-20-213. Actions--counterclaims - last updated January 01, 2025 | https://codes.findlaw.com/co/title-5-consumer-credit-code/co-rev-st-sect-5-20-213/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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