Colorado Business / Commercial Litigation

Collections – Colorado Commercial Litigation Attorneys

 Collections - Denver Business Lawyer - Colorado Burg Simpson Debt collection is not only a sensitive area of law, it’s one that’s seen a lot of changes over the past several years. This past legislative session in Colorado, for example, the General Assembly passed Senate Bill 17-216, which amends and extends the Colorado Fair Debt Collection Practices Act. Most of those changes went into effect Aug. 9, 2017.

If you need strong courtroom advocacy in debt collections matters, we’re your team. Please contact us today to speak with one of our experienced Colorado commercial litigation attorneys. As an example, if you have debtors who aren’t pay their bills or you’re otherwise struggling to collect debts owed to you, Burg Simpson has an aggressive group of trial lawyers who can assist you. Get in touch with Denver corporate litigation lawyer today by calling 303-792-5595.

Some of the critical changes made to Colorado’s debt collection law, in addition to extending it until 2028, include:

  • Definition of a debt buyer – The law redefines what a debt buyer is, including them in the legislation for the first time. It clarifies that debt buyers are, in fact, considered to be collection agencies. A debt buyer is now defined as “a person who engages in the business of purchasing delinquent or defaulted debt for collection purposes, whether it collects the debt itself, hires a third party for collection, or hires an attorney for litigation in order to collect the debt.” However, debt buyers are excluded from the law’s bond requirement as long as the buyer doesn’t engage in the services of a third-party debt collector.
  • Legal action requirements – The amended law also establishes new requirements for legal actions filed by debt collectors or collection agencies.
  • Statute of limitations – The amended law also clarifies the statute of limitations for private actions is two years.

If you’re a debt buyer or collection agency, you might need professional legal advice on how to operate under the constraints of this revised legislation. Don’t risk making a mistake that could threaten your business. Call an experienced Colorado corporate litigation attorney at Burg Simpson immediately at 303-792-5595.

It’s critical for anyone attempting to collect a debt in Colorado to keep in mind what the law does and does not allow. For example, collectors cannot:

  • Harass or abuse debtors: This includes threats of violence or property damage. This provision of Colorado law also forbids profanity and badgering, non-stop phone calls.
  • Lie to borrowers: This includes claims of false affiliation with government agencies, misrepresentation of the actual debt, or falsely accusing the debtor of criminal activity.
  • Act unfairly: This can include taking more than what’s actually owed or threatening legal actions, such as repossession, when it’s not warranted.

Our Colorado Commercial Litigation Attorneys Are Here To Help

Debt collection can be difficult undertaking, whether it’s the primary function of your business or it plays a secondary role, such as collecting money that customers or vendors owe you. It doesn’t’ help that the law is constantly changing and that there are separate federal and state statute that have to be navigated. Burg Simpson’s Colorado corporate litigation attorneys are not only experienced, but they’re up to date on all these amendments. If you’re encountering issues with collections of any kind, Burg Simpson can help. Call us right now at 303-792-5595.

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Massachusetts Gas Explosion – Holding Corporations Accountable

The negligence of Columbia Gas caused the massive gas explosions  in Andover, Lawrence and North Andover, MA. After the gas explosions, more than 2,000 people found themselves displaced, and their towns resembled a war zone. These gas explosions could have easily been avoided. Columbia Gas had been warned twice over the last decade that an explosion was… Read more »

Attorney Tom Henderson explains why the Durango 416 Fire aims to hold the Durango-Silverton Railroad accountable.

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Seeking Justice for Victims of the Durango 416 Fire

Colorado’s Durango 416 Fire was caused by the Durango-Silverton Railroad’s coal-burning train on June 1, 2018. The blaze has been reported to be the state’s sixth largest forest fire in history, and the fire destroyed homes and businesses in Durango and the surrounding area. Burg Simpson is now representing those affected by the 416 Fire… Read more »

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Body brokers are relatively unchecked and under-regulated by state and federal agencies.  Across the United States, mortuaries and hospices are committing fraud by allowing body brokers to convince families who have lost their loved ones to donate the body “for medical research.” But instead of being donated, the body ends up being dismembered and then… Read more »

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