Colorado Laws on Wage Garnishment, Statute of Limitations on Debt, and Bankruptcy Property Exemptions
MAXIMUM INTEREST RATE: Legal: 8% Judgment: 8% or contract rate
STATUTE OF LIMITATIONS FOR COLLECTION:
Open Account (credit card): 3 years
Written Contract: 6
Written Contract for Goods and Services: 3 years
Domestic Judgment (District Court): 20 years (renewable)
Domestic Judgment (County Court): 6 years (renewable)
Foreign Judgment: 6 years
BAD CHECK LAW DAMAGES: Treble Damages (3 times) plus reasonable collection fees
COLORADO BANKRUPTCY PROPERTY EXEMPTIONS (Colorado Revised Statutes):
Real Estate: Real property up to $30,000 and proceeds from sale exempt for one year after received (must file homestead exemption) [38-41-201, 38-41-201.6 et seq.]; mobile home used as a residence up to $6,000 and house trailer or motor coach used as residence and only when occupied up to $3,500 [13-54-102(1)(o)(l) and (ll)]
Personal property: Appliances and household goods up to $1,500 [13-54-102(1)(e)]; health aids, unlimited amount [13-54-102(1)(p)]; clothing up to $750 [13-54-102(1)(a)]; pictures and books up to $750 [13-54-102(1)(c)]; jewelry up to $500 [13-54-102(1)(b); burial plot, unlimited amount [13-54-102(1)(d)]; food and fuel up to $300 [13-54-102(1)(f)]; machinery, tools of farmer, mules, horses up to $5,000 total [13-54-102(1)(g)]; library of professional, supplies, tools, machines, equipment and books up to $1,500 total [13-54102(1)(k)]; motor vehicles used for work up to $1,000 or up to $3,000 if used to get medical care, elderly or disabled [13-54-102(j)(1)(ll)(a)]; livestock and poultry of farmer up to $3,000 [13-54-102(1)(g)]; personal injury recoveries, unless debt is related to injury, unlimited amount [13-54-102(l)(n)]; proceeds for damaged exempt property up to exemption amount [13-54-102(1)(m)]; security deposit, unlimited amount [13-54-102(l)(r)]
How to Deal with Debt Collectors
Federal and State Laws Regarding Debt Collection
State Laws Regulating Wage Garnishments
Insurance / Annuities: Disability benefits to $200 per month, entire amount exempt if received in lump sum [10-16-212]; fraternal society benefits, unlimited amount [10-14-403]; group life insurance policy or proceeds, unlimited amount [10-7-205]; homeowners' insurance proceeds for one year after received and up to real estate exemption amount [38-41-209]; life insurance cash value or proceeds up to $25,000 [13-54-102(1)(1)]; life insurance proceeds if policy prohibits paying beneficiary's creditors, unlimited amount [10-7-106]
Pensions / Retirement Plans: Firefighters, unlimited amount [31-30-1117]; public employees, unlimited amount [24-51-212]; police officers, unlimited amount [31-30.5-208], teachers, unlimited amount [22-64-120]; veterans, unlimited amount [13-54-102(l)(h) and 13-54-104]; retirement benefits and IRAs, unlimited amount [13-54-102(1)(s)]
Public Benefits / Entitlements: Veteran's benefits, unlimited amt [13-54-102(1)(h)]; workers' compensation, unlimited amount [8-42-124]; aid to blind, aged, disabled and families with dependent children, unlimited amount [26-2-131]; crime victims' compensation, unlimited amt [13-54-102(1)(q) and 24-4.1-114]; unemployment compensation, unlimited amount [8-42-124]
Wages: 75% of earned but unpaid wages or pension payments (50% where supporting spouse and 60% if single; special provisions for low-income debtors) [13-54-104]
Miscellaneous: Business partnership property, unlimited amount [7-60-125]