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Colorado/Asta Funding/Medical Debt/How-To Guides/How to Verify a Debt Under the FDCPA
5 Steps · Colorado Law

How to Verify a Debt Under the FDCPA

For Colorado residents dealing with Asta Funding on medical debt

Use FDCPA § 1692g to demand debt validation within 30 days. Force collectors to prove their claims. This guide applies the steps specifically to Colorado's laws and Asta Funding's documented collection practices for medical debt accounts. In Colorado, the statute of limitations on medical debt is 6 years and wage garnishment is limited to 25% or amount exceeding 40x federal min wage.

6 years

Colorado Statute of Limitations

$2,459

Average Medical Debt

25% or amount exceeding 40x

Garnishment Limit

Known Asta Funding Violations

Asta Funding has a documented record of FDCPA violations. If any of these occur during your Colorado collection dispute, document them and file immediately.

  • Purchasing and collecting severely aged debts
  • Failing to disclose debt buyer status
  • Adding unauthorized post-charge-off interest

How to Verify a Debt Under the FDCPA — Step by Step

Steps customized for Colorado law, medical debt rules, and Asta Funding's collection patterns.

1

Act within 30 days of first contact

You must send a validation request within 30 days of the collector's first contact. After 30 days, you lose the automatic right to halt collection, though collectors must still stop if they can't verify.

2

Write the validation letter

Request: exact amount owed, name of original creditor, proof collector is authorized to collect, copy of original agreement. DebtShield generates this letter automatically with the correct legal language.

3

Send certified mail with return receipt

Mail via USPS Certified Mail with Return Receipt. Keep the green card as proof of delivery. The 30-day clock stops when they receive your letter, not when you send it.

4

Wait — they must cease all activity

The collector MUST stop all collection activity — including credit reporting updates and legal action — until they validate. Contacting you during this period is an FDCPA violation.

5

Evaluate the response critically

If they can't validate, the debt is legally unenforceable. If they validate, check for errors: wrong amount, wrong person, time-barred debt, missing original agreement, broken chain of title.

Medical Debt Dispute Strategies in Colorado

These strategies apply to medical debt specifically. 80% of medical bills contain errors. The No Surprises Act protects against out-of-network surprise bills. Medical debt can't appear on credit reports for 365 days.

  • Request itemized bill with CPT codes
  • Check for No Surprises Act violations
  • Apply for hospital financial assistance
  • Dispute errors line by line
  • Negotiate — hospitals accept 40-60% routinely
Relevant laws: No Surprises Act, 42 USC § 300gg-111 (balance billing), FDCPA if in collections, State surprise billing laws

How to Handle Asta Funding Specifically

  • Asta buys very old debts — SOL defense is your strongest tool
  • Never acknowledge the debt verbally or in writing
  • If contacted about debt older than 7 years, it shouldn't be on your credit report

Colorado Debt Collection Laws

Colorado Fair Debt Collection Practices Act governs debt collection in Colorado in addition to the federal FDCPA. To file a complaint: AG Consumer Protection.

Key Colorado Protections:

  • State FDCPA applies to original creditors
  • Treble damages for violations
Income exempt from garnishment in Colorado: Social Security, Workers' comp, Unemployment, Pension

Key Tips

Many debt buyers lack original documentation — validation letters kill these accounts
Never acknowledge the debt verbally — 'I know I owe that' can restart the SOL
If debt is past your state's SOL, note this in your response even if they validate

Frequently Asked Questions — Colorado

Can Asta Funding garnish my wages in Colorado?

In Colorado, wage garnishment is capped at 25% or amount exceeding 40x federal min wage. The following income is protected: Social Security, Workers' comp, Unemployment, Pension. Asta Funding must first obtain a court judgment through proper legal process before any garnishment order can be issued.

What is the statute of limitations on medical debt in Colorado?

The SOL for medical debt in Colorado is 6 years. Once expired, Asta Funding cannot win a court judgment even if the debt is real. You must raise the SOL as an affirmative defense in your Answer if sued — never ignore a lawsuit.

What law governs Asta Funding's collection activity in Colorado?

Colorado Fair Debt Collection Practices Act applies in Colorado alongside the federal FDCPA. Complaints can be filed with AG Consumer Protection. State FDCPA applies to original creditors

How do I dispute medical debt with Asta Funding?

Send a certified validation letter within 30 days of first contact. Demand the original creditor name and full chain of assignment. Asta Funding must stop all collection activity until they validate. If they fail to validate, file complaints with the CFPB and AG Consumer Protection.

Related Resources

Colorado Debt LawsAsta Funding in ColoradoMedical Debt · ColoradoAsta Funding ViolationsMedical Debt GuideAll How-To Guides

DebtShield Fights Asta Funding for Colorado Residents

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