Francis Ybarra, Petitioner v. Greenberg & Sada, P.c., a Colorado Corporation, Respondent.

Summary

The court held that a negligent tort claim is not a debt under the Colorado Fair Debt Collection Practices Act because a tort does not itself create an obligation to pay money before a judgment imposes damages. It also held that an insurance subrogation agreement merely substitutes the claim holder and does not create an obligation owed by the tortfeasor or transform the claim into a debt. The court therefore affirmed dismissal of Ybarra's complaint for failure to state a claim.