How to respond to a debt collection lawsuit in Colorado.
If a debt collector has sued you in Colorado, the case is most often a County Court civil money claim, and filing a written Answer by the deadline on your Summons is what prevents a default judgment. A default judgment is what lets the collector pursue wage garnishment or a bank levy. This page explains how Colorado's response process works, which court you are in, what official form to use for your Answer, what defenses you can raise, and how Colorado's exemption rules protect part of your wages and property. It is educational information, not legal advice.
The response deadline in Colorado
Colorado handles the response deadline differently from many states. In a County Court money case, which is where most consumer debt suits are filed, the deadline is not a fixed number of days after you are served. It is a specific date printed on the Summons itself.
County Court: the appearance date on your Summons
In a County Court civil money case, your written Answer is due on or before the appearance date shown on the Summons you were served. Colorado's County Court civil rules bound where that date may fall: the appearance date can be no more than 63 days after the Summons was issued, and the Summons must be served on you at least 14 days before that date. Those figures only limit where the date can land. The controlling deadline for your case is the appearance date printed on your own Summons, so read the document carefully and mark that date.
District Court: 21 days after service
If the collector sued in District Court, which is where claims for more than $25,000 go, the deadline works the way it does in most states: your answer or other response is due 21 days after you are served with the summons and complaint, or 35 days if you were served outside Colorado or by publication. A timely motion under Rule 12, filed before the answer, tolls the answer deadline.
Why default judgments are dangerous
Filing a written Answer by the deadline is what prevents a default judgment. If no Answer is filed, the court can rule for the debt collector without ever hearing your side, and that judgment is what lets the creditor pursue wage garnishment or a bank levy. Colorado law caps how much of your wages can be garnished and lists income and property that is exempt, which this page covers below, but avoiding the default judgment in the first place is the primary objective.
Which court your case is in
The Summons names the court. In Colorado the split between courts is set by the dollar amount the collector claims.
County Court: claims of $25,000 or less
County Court handles civil money claims of $25,000 or less, and that is where most consumer debt suits against Colorado residents are filed. These cases run under simplified civil procedure, and the Colorado Judicial Branch publishes official self-help forms and a dedicated guide for them, so a self-represented person can respond without hiring a lawyer.
District Court: larger claims
Claims for more than $25,000 go to District Court, where the 21-day answer rule described above applies. District Court cases and larger-amount disputes are among the situations where a licensed Colorado attorney is generally valuable, so if your Summons names a District Court, treat finding counsel as part of your response plan.
What it costs to respond
Filing your Answer in a County Court money case carries a response fee that depends on the amount claimed: $90 for claims from $1 to $999.99, $110 for claims from $1,000 to $14,999.99, and $140 for claims from $15,000 to $25,000. Demanding a jury costs $98. If you cannot afford the fee, Colorado has an official fee waiver: the Motion to Waive Fees, form JDF 205. These are the statewide amounts published by the Colorado Judicial Branch; a specific county may add a local surcharge, so confirm the total with the clerk of the court named in your Summons. Fee totals are also expected to shift on July 1, 2027, when the court security surcharge on filing fees changes under HB 26-1422, signed June 2, 2026.
What to put in your Answer
Colorado publishes an official form for this, so you do not have to draft an answer from scratch. Your job is to complete the form, raise your defenses on it, and file it by the appearance date.
The official form and instructions
County Court money cases use CRCCP Form 3, the Answer Under Simplified Civil Procedure. The Colorado Judicial Branch publishes step-by-step instructions for it as JDF 110. Both are available for free from the Judicial Branch self-help forms page, linked in the resources at the bottom of this guide.
Defenses you can raise
Common defenses in Colorado debt cases include that the suit was filed after the statute of limitations ran, that the plaintiff has not proven it owns the debt, that the plaintiff has not proven the amount it claims, and that the debt is not yours. None of these defenses are automatic. You raise them in your written Answer, and the statute of limitations defense in particular is covered in its own section below.
Filing the Answer
File your completed Answer with the court named in your Summons on or before the appearance date, and pay the response fee or file the JDF 205 fee waiver motion. Keep a copy of everything you file for your own records. If anything about the procedure is unclear, the court's Self-Help or Court Resource Center staff can explain how the process works, though they cannot tell you what to argue.
Where you can get help
Each Colorado judicial district has a Self-Help or Court Resource Center whose staff explain procedure but do not give legal advice. Colorado Legal Services provides free legal information and may provide advice for eligible low-income residents; it screens for income eligibility, and many providers offer advice-only or limited help.
The statute of limitations defense
One of the strongest defenses in a debt case is that the collector filed suit after the time allowed by law had run out. Colorado's limitation periods depend on the type of claim, and the structure is different from many other states, so do not assume rules from elsewhere apply here.
Six years for most debt collection suits
Colorado sets a six-year limitation period for actions to recover a liquidated debt or a determinable amount of money, and for actions on an instrument securing or evidencing a debt. A debt is "liquidated" when its amount can be figured by reference to an agreement or by simple computation. This six-year rule covers most written and account debt collection suits.
Three years for other contract claims
General contract actions, including claims under the Uniform Commercial Code, carry a three-year limitation period, which applies except where the six-year rule above controls. Claims under the Uniform Consumer Credit Code, Colorado's consumer-credit statute, also carry a three-year period.
When the clock starts
Each of these periods runs from when the cause of action accrues. Which period applies to your account, and exactly when it began to run, is fact-dependent: it turns on the type of debt and the history of the specific account. Before relying on this defense, pin down the relevant dates from your own records, and if the answer is unclear, that is a question worth putting to a licensed Colorado attorney before your deadline passes.
Steps to respond to the lawsuit
Work these steps in order. The goal is to avoid a default judgment first, then build your defense from there.
Step 1: Read the Summons carefully
Find the court name, the case number, the plaintiff's name (the entity suing you, which may be a debt buyer rather than the original creditor), and the amount claimed. In a County Court money case, find the appearance date printed on the Summons: that date is your Answer deadline. In a District Court case, count 21 days from the date you were served, or 35 days if you were served outside Colorado or by publication. Write the deadline down prominently.
Step 2: Pull your records
Gather everything related to this account: old statements, payment records, any written communications with the original creditor or the debt collector, and your credit report entries for this account. This information helps you assess whether the statute of limitations has run, whether the plaintiff can prove it owns the debt, and whether the amount claimed is right.
Step 3: Complete and file your Answer
For a County Court money case, use the official form: CRCCP Form 3, the Answer Under Simplified Civil Procedure, following the JDF 110 instructions. Raise your defenses in the Answer, such as the statute of limitations, that the plaintiff has not proven it owns the debt or proven the amount, or that the debt is not yours. File with the court named in your Summons and pay the response fee, or file the JDF 205 fee waiver motion if you cannot afford it. Keep a copy.
Step 4: Get help that is allowed
The Self-Help or Court Resource Center in your judicial district can explain procedure, though not give legal advice. Colorado Legal Services provides free information and may provide advice for eligible low-income residents. For the situations listed in the next section, a licensed Colorado attorney is generally valuable.
Step 5: If a judgment enters, claim your exemptions
After a judgment, Colorado law caps wage garnishment and lists income and property that is exempt. To protect exempt wages or property, file a Claim of Exemption to Writ of Garnishment With Notice (CRCCP Form 30) or an Objection to Calculation of Amount of Exempt Earnings (CRCCP Form 28) and request a hearing. The garnishment section below explains the numbers.
When a lawyer makes sense
Colorado's County Court money-case process is built so a self-represented person can file an Answer using the official forms. Some situations, though, are ones where a licensed Colorado attorney is generally valuable:
- District Court or larger-amount cases
- Alleged fraud, or a counterclaim you want to bring
- Disputes over whether the plaintiff owns the debt or over the amount
- Identity theft, or debts that are not yours
- Potential affirmative claims under the federal Fair Debt Collection Practices Act or the Colorado Fair Debt Collection Practices Act
- Complex garnishment or exemption fights
- Any situation where bankruptcy might be an option
Anyone unsure whether income or property is exempt should consider professional advice before a deadline passes. Colorado Legal Services screens for income eligibility, and many providers offer advice-only or limited help.
If a judgment enters: garnishment limits and exemptions
A judgment does not mean the collector can take everything. Colorado caps how much of your wages can be garnished, lists property that is exempt, and publishes official forms to claim those protections.
The wage garnishment cap
For an ordinary debt judgment, Colorado limits garnishment per workweek to the lesser of three amounts: 20 percent of your disposable earnings; the amount by which your disposable earnings exceed 40 times the federal minimum wage; or the amount by which they exceed 40 times the state minimum wage. Whichever calculation protects more of your wages governs. This cap is stricter than the federal baseline. You may also seek a greater exemption than the formula provides by filing a written objection and requesting a hearing.
Property Colorado protects
Colorado statute lists categories of exempt property. Among them: household goods up to $6,000 in value, and up to two motor vehicles or bicycles with an aggregate value of $15,000, which rises to $25,000 if the debtor is elderly or disabled. The list also protects up to $2,500 held in a depository account or accounts in your name (C.R.S. 13-54-102(1)(w)) and the full amount of any tax refund attributed to the earned income tax credit or the child tax credit (C.R.S. 13-54-102(1)(o)). These are examples from a longer statutory list of exemptions, so if a creditor targets property after a judgment, check the full list before assuming something can be taken.
How to claim an exemption
Colorado publishes official forms to invoke these protections after a garnishment starts: the Claim of Exemption to Writ of Garnishment With Notice, CRCCP Form 30, and the Objection to Calculation of Amount of Exempt Earnings, CRCCP Form 28. Filing the applicable form and requesting a hearing is how a judgment debtor protects exempt wages or property.
Colorado's own debt collection law
In addition to the federal Fair Debt Collection Practices Act, Colorado has its own state statute governing debt collectors, with its own enforcement route through the state Attorney General.
The Colorado Fair Debt Collection Practices Act
The state law's short title is the Colorado Fair Debt Collection Practices Act, and it lives in Title 5, Article 16 of the Colorado Revised Statutes, starting at section 5-16-101. It was relocated there from former Title 12, Article 14 in 2017, so older references citing Title 12 are out of date.
Licensing and complaints
The Colorado Attorney General administers and enforces the CFDCPA, and collection agencies and debt collectors operating in Colorado must be licensed with the Attorney General. That gives you two practical checks: you can verify whether the collector suing you is licensed, and you can file a consumer-protection complaint with the Colorado Attorney General's Consumer Protection Section, which houses the administrator of the Uniform Consumer Credit Code. The Attorney General's Collection Agency Regulation page, linked in the resources below, is the starting point for both.
Frequently asked questions
How long do I have to respond to a debt collection lawsuit in Colorado?
In a Colorado County Court money case, which is where most consumer debt suits are filed, your written Answer is due on or before the appearance date printed on the Summons you were served. It is not a fixed number of days after service, so read your Summons and mark that date. Colorado's rules only bound where the date may fall: no more than 63 days after the Summons was issued, and you must be served at least 14 days before it. If the suit is in District Court, the deadline is 21 days after service, or 35 days if you were served outside Colorado or by publication.
What happens if I do not respond to a debt lawsuit in Colorado?
Filing a written Answer by the deadline is what prevents a default judgment. If you do not answer, the court can enter judgment for the debt collector without hearing your side, and that judgment is what lets the creditor pursue wage garnishment or a bank levy. Colorado law caps how much of your wages can be garnished and lists income and property that is exempt, with forms to claim those exemptions, but avoiding the default judgment in the first place is the primary objective.
What form do I use to answer a debt collection lawsuit in Colorado?
County Court money cases use an official form: CRCCP Form 3, the Answer Under Simplified Civil Procedure. The Colorado Judicial Branch publishes step-by-step instructions for it as JDF 110. Filing the Answer carries a response fee of $90 for claims from $1 to $999.99, $110 for claims from $1,000 to $14,999.99, and $140 for claims from $15,000 to $25,000. A jury demand costs $98. If you cannot afford the fee, you can file a Motion to Waive Fees, JDF 205.
Can a debt collector sue me for an old debt in Colorado?
Colorado has statutes of limitation on debt collection lawsuits. For a liquidated or determinable debt, meaning one whose amount can be figured from an agreement or by simple computation, and for instruments securing or evidencing a debt, the period is six years. That six-year rule covers most written and account debt collection suits. General contract actions, including claims under the Uniform Commercial Code, carry a three-year period, and claims under the Uniform Consumer Credit Code also carry a three-year period. If the collector filed after the applicable period ran, you can raise the statute of limitations as a defense in your Answer. The clock runs from when the cause of action accrues, and the exact accrual date for a specific account is fact-dependent.
What are common defenses to a debt collection lawsuit in Colorado?
Common defenses in Colorado debt cases include: (1) the suit was filed after the statute of limitations ran; (2) the plaintiff has not proven it owns the debt; (3) the plaintiff has not proven the amount it claims; and (4) the debt is not yours. None of these defenses are automatic; you raise them in your written Answer. Situations involving alleged fraud, a counterclaim you want to bring, identity theft, or potential affirmative claims under the federal Fair Debt Collection Practices Act or the Colorado Fair Debt Collection Practices Act are ones where a licensed Colorado attorney is generally valuable.
Which court will a debt collector use to sue me in Colorado?
In Colorado, the court depends on how much the collector claims you owe. County Court handles civil money claims of $25,000 or less, and that is where most consumer debt suits are filed. Claims for more than $25,000 go to District Court. The Summons you received will name the court, and which court it is controls your deadline: the appearance date on the Summons in County Court, or 21 days after service in District Court (35 if served outside Colorado or by publication).
How much of my wages can be garnished in Colorado after a judgment?
Colorado caps wage garnishment for ordinary debts at the lesser of three amounts per workweek: 20 percent of your disposable earnings; the amount by which your disposable earnings exceed 40 times the federal minimum wage; or the amount by which they exceed 40 times the state minimum wage. Whichever calculation protects more of your wages governs, and this cap is stricter than the federal baseline. You may also ask for a greater exemption by filing a written objection and requesting a hearing. Colorado publishes official forms for this: CRCCP Form 28, the Objection to Calculation of Amount of Exempt Earnings, and CRCCP Form 30, the Claim of Exemption to Writ of Garnishment With Notice.
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Join the waitlistOfficial resources
- Colorado Judicial Branch · Cases for $25,000 or Less (deadlines, fees, and forms for County Court money cases)
- Colorado Judicial Branch · Self-Help Forms (CRCCP Form 3, JDF 110, JDF 205, CRCCP Forms 30 and 28)
- Colorado Legal Help Center · Answering a Civil Case (plain-language walkthrough of the Answer process)
- Colorado Attorney General · Collection Agency Regulation (collector licensing and consumer complaints)
- C.R.S. Title 13, official 2025 text (statutes of limitation, garnishment cap, and exemptions, from the Office of Legislative Legal Services)
- C.R.S. Title 5, official 2025 text (the Colorado Fair Debt Collection Practices Act)