Actions - counterclaims

5-20-213. Actions - counterclaims. (1) (a) For litigation proceedings commenced on or after June 29, 2021, a court shall not enter a judgment on a private education credit obligation if the collection agency does not comply with the requirements of section 5-20-212. (b) For litigation proceedings commenced before June 29, 2021, the court shall not enter a judgment until the collection agency is provided an opportunity to submit proof of compliance with section 5-20-212. (2) If a creditor or collection agency fails to comply with the requirements of this part 2, a private education credit borrower may bring an action, including a counterclaim, against the creditor or collection agency to recover or obtain: (a) An order setting aside or vacating any default judgment entered against the private education credit borrower; (b) A judgment in favor of the private education credit borrower; (c) Actual damages or five hundred dollars, whichever is greater; (d) Restitution of all money taken from or paid by the private education credit borrower after a judgment was obtained by a creditor; (e) Punitive damages; (f) Injunctive relief; (g) Correction of the private education credit borrower's credit report; (h) Attorney fees and court costs; and (i) Any other relief that the court deems proper. Source: L. 2021: Entire part added, (SB 21-057), ch. 378, p. 2529, � 5, effective June 29. L. 2023: (1)(a), IP(2), (2)(a), (2)(b), (2)(d), and (2)(g) amended, (SB 23-248), ch. 360, p. 2166, � 28, effective August 7.