SB 20-211

  • Colorado Senate Bill
  • 2020 Regular Session
  • Introduced in Senate Jun 08, 2020
  • Passed Senate Jun 08, 2020
  • Passed House Jun 12, 2020
  • Signed by Governor Jun 29, 2020

Limitations On Extraordinary Collection Actions

Abstract

The act prohibits a judgment creditor from initiating a new extraordinary collection action from the effective date of the act through November 1, 2020, except in accordance with the requirements of the act. 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). Before initiating an extraordinary collection action, the judgment creditor must send a notice to the judgment debtor explaining that the judgment debtor can temporarily suspend the extraordinary collection action if the debtor is facing financial hardship as a result of the COVID-19 emergency. To exercise this right, the debtor is required to notify the judgment creditor that the debtor is experiencing hardship as a result of the crisis. The judgment debtor is not required to provide additional documentation to the judgment creditor. 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 through February 1, 2021, 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. From June 29, 2020, through February 1, 2021, up to $4,000 cumulative in a depository account or accounts in the debtor's name is exempt from levy and sale under a writ of attachment or execution. 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. (Note: This summary applies to this bill as enacted.)

Bill Sponsors (3)

Votes


Actions


Jun 29, 2020

Office of the Governor

Governor Signed

Jun 19, 2020

Office of the Governor

Sent to the Governor

House

Signed by the Speaker of the House

Senate

Signed by the President of the Senate

Jun 12, 2020

House

House Third Reading Passed - No Amendments

Jun 11, 2020

House

House Third Reading Laid Over Daily - No Amendments

Jun 10, 2020

House

House Second Reading Special Order - Passed - No Amendments

House

House Committee on Appropriations Refer Unamended to House Committee of the Whole

  • Referral-Committee
  • Committee-Passage
House Committee of the Whole Appropriations

Jun 09, 2020

House

House Committee on Finance Refer Unamended to Appropriations

  • Referral-Committee
Finance Appropriations

Jun 08, 2020

House

Introduced In House - Assigned to Finance + Appropriations

  • Introduction
Finance Appropriations

Senate

Senate Third Reading Passed with Amendments - Floor

Jun 06, 2020

Senate

Senate Second Reading Passed with Amendments - Committee, Floor

Jun 05, 2020

Senate

Senate Second Reading Laid Over Daily - No Amendments

Jun 04, 2020

Senate

Senate Second Reading Laid Over Daily - No Amendments

Jun 02, 2020

Senate

Senate Committee on Finance Refer Amended to Senate Committee of the Whole

  • Referral-Committee
  • Committee-Passage
Senate Committee of the Whole Finance

Jun 01, 2020

Senate

Introduced In Senate - Assigned to Finance

  • Introduction
Finance

Bill Text

Bill Text Versions Format
Signed Act (06/29/2020) PDF
Final Act (06/19/2020) PDF
Rerevised (06/12/2020) PDF
Revised (06/10/2020) PDF
Reengrossed (06/08/2020) PDF
Engrossed (06/06/2020) PDF
Introduced (06/01/2020) PDF
PA1 (06/03/2020) PDF
Committee Amendment PDF

Related Documents

Document Format
Fiscal Note SA1 (06/09/2020) PDF
Fiscal Note FN1 (06/02/2020) PDF
Fiscal Note FN2 (06/09/2020) PDF
Fiscal Note FN3 (09/21/2020) PDF

Sources

Data on Open States is updated nightly from the official website of the Colorado General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.