On May 26, 2026, the Colorado Supreme Court issued a significant decision in Wright v. Portfolio Recovery Associates, LLC, 2026 CO 36, interpreting the Colorado Fair Debt Collection Practices Act (“CFDCPA”), including § 5‑16‑111(2), C.R.S.

At issue was whether the documents attached to a collection complaint satisfied the requirements of CRS § 5‑16‑111(2). One of the documents, a bill of sale, did not reference the account being sued upon, and referenced another document as being attached to the bill of sale, but that document was not submitted with the complaint. An affidavit was submitted that stated the account at issue was purchased by the debt buyer.

The Court held in a unanimous decision, that a debt buyer must attach to its complaint a non-affidavit writing that establishes ownership of the specific debt at issue, and that an affidavit cannot be used to cure the absence of required documentation. The Court reversed lower court rulings and held the debt buyer liable under the statute.

Section 5‑16‑111(2) governs the documents that must be attached to a complaint filed by a debt buyer in Colorado. As interpreted by the Court: the complaint must include:

  • A copy of the assignment or other writing establishing that the debt buyer owns the debt, and
  • If the debt has been assigned more than once, each assignment or writing evidencing transfer of ownership.

These documents must establish:

  • A complete, unbroken chain of title from the original creditor to the plaintiff debt buyer, and
  • Ownership of the specific account at issue, not merely a generalized portfolio transfer.

The Court emphasized that, under § 5‑16‑111(4):

  • Affidavits cannot substitute for required documentary evidence of ownership.
  • An affidavit may not “supplement” missing documentation where the statutory requirements have not already been satisfied.

RMAI participated in the case by filing an amicus brief in support of Portfolio Recovery Associates, LLC.

This Member Alert is intended for members of the Receivables Management Association International, is for informational purposes only, and is in no way intended to provide legal advice. Members are encouraged to consult with an attorney of their choice for legal advice concerning this matter.