(1) Any debt collector or
collection agency who brings any legal action on a debt against any consumer shall:
(a) In the case of an action to enforce an interest in real property securing
the consumer's obligation, bring the action only in a judicial district or similar legal
entity in which the real property is located; or
(b) In the case of an action not described in subsection (1)(a) of this section,
bring the action only in the judicial district or similar legal entity in which:
(I) The consumer signed the contract sued upon;
(II) The consumer resides at the commencement of the action; or
(III) The action may be brought pursuant to article 13 or 13.5 of title 26,
section 14-14-104, or article 4 or 6 of title 19, if the action is by a private collection
agency acting on behalf of a delegate child support enforcement unit.
(1.5) A debt collector or collection agency that is not a creditor or debt buyer
shall not be the named plaintiff in a legal action or take any legal action on a debt
against a consumer unless the debt collector or collection agency:
(a) Ensures that the name of the original creditor or assignor and the name of
the debt collector or collection agency are included in the case caption of the
complaint, in that order; and
(b) Has a complete and effective assignment, including complete settlement
authority and authority to resolve the litigation.
(2) A debt collector or collection agency who brings a legal action on a debt
owned by a debt buyer shall attach the following materials to the complaint or
form:
(a) (I) A copy of the contract, account-holder agreement, or other writing
from the original creditor or the consumer evidencing the consumer's agreement to
the original debt;
(II) In the case of a medical debt, a copy of a redacted itemization of charges
incurred;
(III) If a signed writing evidencing the original debt does not exist, a copy of
the document provided to the consumer while the account was active,
demonstrating that the debt was incurred by the consumer; or, for a credit card
debt, the most recent monthly statement recording a purchase transaction,
payment, or balance transfer; or
(IV) If a claim is based on an electronic transaction for which a signed writing
evidencing the original debt never existed, a copy of the records created during the
transaction evidencing the consumer's agreement to the debt and recording the
date and terms of the transaction and information provided by the consumer during
the transaction; and
(b) A copy of the assignment or other writing establishing that the debt
buyer is the owner of the debt. If the debt was assigned more than once, each
assignment or other writing evidencing transfer of ownership must be attached to
establish an unbroken chain of ownership, beginning with the original creditor to
the first debt buyer and each subsequent sale.
(3) Prior to entry of a default judgment against a consumer in a legal action
on a debt owned by a debt buyer, the plaintiff shall file with the court evidence that
satisfies the requirements of rules 803(6) and 902(11) of the Colorado rules of
evidence or is otherwise authorized by law or rule that establishes the amount and
nature of the debt and include:
(a) The original account number at charge-off;
(b) The original creditor at charge-off;
(c) The amount due at charge-off or, if the balance has not been charged off,
an itemization of the amount claimed to be owed, including the principal, interest,
fees, and other charges or reductions from payment made or other credits;
(d) An itemization of post charge-off additions, if any;
(e) (I) The date of the last payment, if applicable; or
(II) The date of the last transaction; and
(f) If the account is not a revolving credit account, the date the debt was
incurred.
(4) In the absence of evidence required by subsections (2)(a) or (2)(b) and (3)
of this section, an affidavit does not satisfy the requirements of these subsections.
(5) A creditor, or a debt collector or collection agency operating on behalf of
the creditor, that brings a legal action on a medical debt shall attach to the
complaint or applicable form a copy of a redacted itemization of the charges that
are the basis for the medical debt.
(6) (a) Prior to entry of a default judgment against a consumer in a legal
action on a medical debt, the plaintiff shall file with the court evidence that
satisfies the requirements of rules 803 (6) and 902 (11) of the Colorado rules of
evidence or that otherwise, as authorized by law or rule, establishes the amount and
nature of the medical debt and includes:
(I) The original account number at charge-off;
(II) The original creditor at charge-off;
(III) The amount due at charge-off or, if the balance has not been charged
off, an itemization of the amount claimed to be owed, including the principal,
interest, fees, and other charges or reductions from payment made or other credits;
(IV) An itemization of post charge-off additions, if any;
(V) The date of the last payment, if applicable, or the date of the last
transaction; and
(VI) The date the debt was incurred.
(b) If an affidavit does not include the evidence required in subsection (5) of
this section and this subsection (6), the affidavit does not satisfy the requirements
of said subsections.