Colorado Capitol Watch
border Logo hdr_right_bottom

Bill Detail: SB20-211

Return to list of bills

 

Title Limitations On Extraordinary Collection Actions
Status Governor Signed (06/29/2020)
Bill Subjects
  • Courts & Judicial
  • State Government
House Sponsors L. Herod (D)
Senate Sponsors F. Winter (D)
J. Gonzales (D)
House Committee Finance
Senate Committee Finance
Date Introduced 06/01/2020
Description

The bill establishes a 180-day prohibition on any new
extraordinary debt collection actions from the effective date of the bill.
An extraordinary collection action is defined as an action in the nature of
a garnishment, attachment, levy, or execution to collect or enforce a
judgment on a debt as defined under the Colorado Fair Debt Collection
Practices Act (FDCPA). The use of an extraordinary collection action
during the period of the prohibition constitutes an unfair and
unconscionable means of collecting a debt under the FDCPA. The

administrator of the Uniform Consumer Credit Code (administrator) is
authorized to issue an order extending the prohibition for up to an
additional 180 days if the administrator finds that the extension is
necessary to preserve the resources of state and local agencies or to
protect the residents of Colorado from economic hardship as a result of
the disaster emergency caused by COVID-19.
The bill amends provisions concerning property that is exempt
from levy and sale under a writ of attachment or execution as follows:
  • The value of household goods that are exempt is increased
from $3,000 to $6,000;
  • The value of a motor vehicle that is exempt is increased
from $7,500 to $15,000;
  • The value of a motor vehicle kept and used by an elderly or
disabled debtor that is exempt is increased from $12,500 to
$20,000; and
  • An exemption for up to $7,000 in a depository account in
the name of the debtor is added.
In addition, the formulas for determining the amount of earnings subject
to garnishment are amended to increase the amount of a debtor's earnings
that are exempt.
An attempt to collect amounts in excess of what is permitted under
statutes limiting garnishment, attachment, and execution is an unfair or
unconscionable debt collection practice for purposes of the FDCPA.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (06/09/2020) (most recent)  
Additional Bill Documents Bill Documents
Including:
  • Past bill versions
  • Past fiscal notes
  • Committee activity and documents
  • Bill History
 
Lobbyists Lobbyists
Audio  
Votes House and Senate Votes
Vote Totals Vote Totals by Party
 
border   border
 
Copyright © 2019 State Capitol Watch