Colorado § 38-40-104 - Cause of action - attorney fees.
Full text of Colorado Colorado Revised Statutes § 38-40-104 — Cause of action - attorney fees., with citation guidance and answers to common questions.
§ 38-40-104. Cause of action - attorney fees.
(1) If any applicant or debtor is aggrieved by a violation of section 38-40-103, 38-40-103.5, or 38-40-106 and the violation is not remedied in a reasonable, timely, and good faith manner by the party obligated to do so, and after a good faith effort to resolve the dispute is made by the debtor or borrower, the debtor or borrower may bring an action in a court of competent jurisdiction for any such violation. If the court finds that actual damages have occurred, the court shall award to the debtor or borrower, in addition to actual damages, the amount of one thousand dollars, together with costs and reasonable attorney fees.
(2) A transferee of servicing or collection rights is not liable for any act or omission of the transferor of those rights under section 38-40-103 or 38-40-103.5.
Source: L. 90: Entire article R&RE, p. 1681, § 4, effective October 1. L. 98: Entire section amended, p. 427, § 1, effective April 21. L. 2013: Entire section amended, (HB 13-1017), ch. 36, p. 104, § 2, effective March 15. L. 2024: (1) amended, (HB 24-1011), ch. 189, p. 1073, § 2, effective May 17. L. 2025: Entire section amended, (SB 25-300), ch. 428, p. 2455, § 54, effective August 6.
Editor's note: This section is similar to former § 38-38-114, as it existed prior to 1990.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-40-104
What does Colorado Revised Statutes § 38-40-104 cover?
Section 38-40-104 ("Cause of action - attorney fees.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-40-104?
A common citation format is "Colorado Revised Statutes § 38-40-104" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-40-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.