§ 5-20-213 — Actions - counterclaims

(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.

Legislative History

Source: L. 2021: Entire part added, (SB 21-057), ch. 378, p. 2529, � 5, effective June 29. L. 2023: (1)(a), IP(2), (2)(a), (2)(b), (2)(d), and (2)(g) amended, (SB 23-248), ch. 360, p. 2166, � 28, effective August 7.