How to Respond to Debt Collection Summons in Colorado?

If you receive a debt collection summons in Colorado, you typically have 21 days to respond. Failing to act can result in a default judgment, allowing creditors to garnish wages, levy bank accounts, seize assets, and damage your credit for years. This guide explains each step—from verifying service to drafting your Answer, asserting legal defenses, and negotiating settlement—all in accordance with Colorado-specific procedures and laws.

Step 1: Understand the Deadline to Respond

You generally have 21 calendar days from the date of service to file an Answer.

Type of Service	Deadline to Respond
In-person (statewide)	21 calendar days
Certified mail / out-of-state service	35 calendar days
Publication	Up to 50 days

If the deadline falls on a weekend or holiday, the filing is due the next business day. Always confirm your service method and calculate your due date carefully.

Step 2: Review the Summons and Complaint for Flaws

Before responding, check that:

• The Summons includes proper consumer protection language (required by the Uniform Consumer Debt Default Judgments Act).
  
• The Complaint outlines what the creditor is alleging.
  
• Service was valid under Colorado Rule 4 (not left with a minor or unauthorized person).
  
• The debt buyer is licensed with the Colorado Collection Agency Board.
  
• Debt accuracy is confirmed—many sold debts contain errors.

Step 3: Know the Statute of Limitations (SOL)

Colorado courts dismiss many cases when the statute of limitations has expired.

Debt Type	SOL Period	Starts From	Law Citation
Credit Cards	3 years	Date of last payment	C.R.S. § 13-80-101
Medical Debt	3 years	Date of service	C.R.S. § 13-80-103.5
Auto Loans	4 years	Last payment due date	C.R.S. § 13-80-103.5
Written Contracts	6 years	Breach date	C.R.S. § 13-80-103.5
Court Judgments	Up to 20 years	Date of judgment

Always raise SOL in your Answer if the debt is past its legal enforcement window.

Step 4: Draft Your Answer (Form JDF 96)

Use Form JDF 96 – Answer to Complaint, available from the Colorado Judicial Branch. Here’s how to complete it:

• Caption: Use court name, case number, parties—copied exactly from the summons.
  
• Section 1–4: Respond to each allegation in the complaint. You may:
  
  • Admit (only if indisputable, like your name),
    
  • Deny (default response for most claims),
    
  • State “lack of knowledge” (for unclear allegations).
    
• Section 5 – Affirmative Defenses: Include all that apply. Common defenses:
  
  • Statute of limitations has expired.
    
  • Debt was already paid or settled.
    
  • Debt results from identity theft (attach FTC affidavit and police report).
    
  • Improper service.
    
  • Creditor lacks standing (no documentation of legal ownership).
    
  • FDCPA or CFDCPA violations.
    
• Counterclaims: If the collector violated the FDCPA or Colorado Fair Debt Collection Practices Act, you can assert a counterclaim in your Answer.
  
• Signature & Certificate of Service: Sign the form and complete Form JDF 99 – Certificate of Service. This confirms you mailed a copy of your Answer to the plaintiff’s attorney.

Step 5: File and Serve the Answer

• Print 3 copies of your completed Answer.
  
• File with the court listed on your summons. Methods include:
  
  • In person at the court clerk’s office,
    
  • By mail, or
    
  • Online (if your court allows e-filing).
    
• Pay the filing fee based on case value, or request a waiver using Form JDF 205.
  

Case Amount	Filing Fee
Under $1,000	$80
$1,000–$14,999.99	$100
$15,000–$25,000	$130
Over $25,000	$192

• 
  Serve the plaintiff by mailing a copy of your Answer and Certificate of Service to their attorney via certified mail with return receipt.

Step 6: Know Colorado’s Legal Protections

Colorado law provides strong consumer protections:

• Wage garnishment limited to 25% of disposable income, or exempt if income is below $504/week.
  
• Bank account exemptions: $2,500 protected (single), $5,000 protected (family). SSI/VA fully exempt.
  
• Homestead exemption: $250,000 of equity protected ($350,000 if over 60 or disabled).
  
• No jail time for unpaid debts.

Step 7: Legal Strategy After Filing

Option 1: Fight the Case

• Request debt validation from the collector. They must provide:
  
  • Original contract
    
  • Payment history
    
  • Chain of ownership
    
• File a Motion to Dismiss if:
  
  • Statute of limitations has expired,
    
  • Service was improper,
    
  • The collector is unlicensed.

Option 2: Settle the Case

• File your Answer first, then negotiate.
  
• Offer 30–50% lump sum to settle, but get the agreement in writing using Form JDF 98 – Stipulation of Dismissal.
  

Example negotiation script: “Dismiss the case with prejudice and delete credit reporting, and I’ll pay $X within 10 days.”

Step 8: Avoid These Common Mistakes

Mistake	Consequence
Missing your 21-day deadline	Default judgment entered
Filing but failing to serve	Answer is invalid; case may proceed anyway
Partial payment	Resets statute of limitations
Ignoring discovery	Leads to automatic loss
Verbal settlement only	Must be in writing to be enforceable

Step 9: Resources and Forms

Resource/Form	Purpose
JDF 96 – Answer Form	To respond to the complaint
JDF 99 – Certificate of Service	Proof of service to plaintiff
JDF 205 – Fee Waiver Request	Request court filing fee exemption
JDF 98 – Stipulation of Dismissal	Finalize written settlements
FDCPA Validation Letter	Demand proof of debt from collector
Colorado Legal Services	Free legal help for low-income residents
Colorado Attorney General	File complaints against abusive collectors

Step 10: What Happens After Filing

• You may receive notice of an initial hearing, pretrial conference, or mediation session.
  
• Discovery may be requested by either party.
  
• You can settle at any point—before or after court appearance.
  
• If you lose and a judgment is entered, the collector may garnish wages or seize property, subject to exemptions.
  
• You may request the court to vacate a default judgment if you missed the deadline due to valid reasons.

FAQs

What if I was improperly served?

Raise improper service as a defense in your Answer. If service did not comply with Colorado Rule 4—such as being delivered to a minor or left at the wrong address—you can request dismissal of the case based on invalid service.

Can I ignore the summons and deal with the collector directly?

No. Ignoring a court summons nearly always results in a default judgment. Even if you plan to negotiate, you must file an Answer first to preserve your rights and block automatic judgment.

What happens if I file late?

If you miss the 21-day deadline (or 35 days if served by mail), the creditor can request a default judgment. You may still file a Motion to Set Aside Default Judgment, but success is not guaranteed and often depends on how quickly you act and your reason for missing the deadline.

Can I settle the debt after I file my Answer?
Yes. Filing your Answer puts you in a stronger position to negotiate. Many creditors prefer settlement to trial, especially if you’ve asserted defenses. Always get settlement terms in writing and use Form JDF 98 to dismiss the case officially.

Will sending a partial payment restart the statute of limitations?

Yes. Any payment—even a small one—or even a written promise to pay can restart the statute of limitations in Colorado. Be cautious before making any payments if the debt may be time-barred.

What if I already paid the debt or it was forgiven?

Include this in your Answer as an affirmative defense. Provide bank statements or letters as supporting documentation to show the debt was paid or discharged.

What if I’m on Social Security or public benefits?

Those benefits are generally exempt from garnishment. However, you must still respond to the summons to avoid judgment. After judgment, file exemption claims to protect your income.

Does filing an Answer stop collections or garnishment?

Filing an Answer stops the default judgment process, which is what typically leads to wage garnishment. If a judgment is already entered, you may need to file a motion or exemption form to stop or reduce garnishment.

Can I amend my Answer later?

Yes. Colorado allows one amendment as a matter of right (no permission needed) if it’s done early. Additional amendments require the court’s permission.

Where can I get legal help in Colorado?

You can contact:

• Colorado Legal Services: 1-800-521-6968
  
• Colorado Attorney General’s Office: coag.gov
  These resources offer guidance or direct assistance for eligible low-income individuals.

Conclusion

Responding to a debt collection summons in Colorado within the required 21-day deadline is essential. Use Form JDF 96 to file a proper Answer, assert all valid defenses, serve the plaintiff correctly, and either fight or settle from a position of legal strength. Understand your rights under Colorado and federal law, and seek legal help if your case involves large debts, abusive collectors, or complex defenses. A single well-drafted Answer can prevent a lawsuit from turning into years of financial hardship.