Specifically for Resurgent Capital Services collecting student loan debt in Aurora, CO
Understand how the statute of limitations on debt works in every state and how to use it as a defense against collectors. This guide is tailored to residents of Aurora dealing with Resurgent Capital Services, one of the most-complained-about debt collectors for student loan debt accounts. In Colorado, the statute of limitations is 6 years and wage garnishment is capped at 25% or amount exceeding 40x federal min wage.
6 years
Colorado SOL on Student Loan Debt
$37,338
Average Student Loan Debt
25% or amount exceeding 40x
Garnishment Limit
Resurgent Capital Services has a documented pattern of FDCPA violations. If any of these happen to you, document them immediately and file a CFPB complaint.
These steps apply directly to your situation as a Aurora resident dealing with Resurgent Capital Services.
The statute of limitations is the legal deadline for a creditor or collector to file a lawsuit to collect a debt. After this period, the debt is 'time-barred' — they can still contact you, but they cannot win in court if you raise the SOL defense.
SOL periods vary by state and debt type: credit card debt ranges from 3 years (MD, NC, NH) to 10 years (RI, WV). Written contracts (personal loans) range from 3 to 15 years (KY). Your state's SOL is listed on the DebtShield state page.
The SOL typically starts on the date of first delinquency — the first missed payment that led to the default. It's NOT the date the account was charged off or sent to collections. Get the exact date from your credit report.
In most states, the SOL can be reset by: making any payment on the debt, making a written promise to pay, entering a new payment agreement, or in some states, even verbally acknowledging the debt. Never pay or acknowledge time-barred debt.
If you're sued on a time-barred debt, you MUST raise the SOL as an affirmative defense in your Answer. If you don't raise it, the court may award judgment anyway. File your Answer on time and explicitly plead the SOL defense.
These strategies are specific to student loan debt — the type of debt Resurgent Capital Services is collecting from Aurora residents.
Colorado Fair Debt Collection Practices Act governs debt collection in Colorado. File complaints with: AG Consumer Protection.
In Colorado, wage garnishment is limited to 25% or amount exceeding 40x federal min wage. Income sources protected from garnishment include: Social Security, Workers' comp, Unemployment, Pension. Resurgent Capital Services must first obtain a court judgment before any garnishment can begin.
The statute of limitations for student loan debt in Colorado is 6 years. After this period expires, Resurgent Capital Services cannot win a lawsuit on the debt if you raise the SOL as a defense in your Answer. Never ignore a lawsuit even on time-barred debt.
Known violations by Resurgent Capital Services include: Operating through subsidiary LVNV to obscure identity; Failing to properly validate purchased debts; Misrepresenting the original creditor. Document any violations immediately and file a complaint at consumerfinance.gov/complaint.
To dispute student loan debt with Resurgent Capital Services: send a written validation request via certified mail within 30 days of first contact, demand the original creditor name, full chain of assignment, and original signed agreement. Start with: apply for income-driven repayment (federal).
Skip the paperwork. DebtShield generates legally precise dispute letters, cease-and-desist demands, and validation requests tailored to Aurora laws and Resurgent Capital Services's known tactics. Starting at $9.99/month.