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  1. #1
    Join Date
    Jan 2011
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    1

    Default I Moved to a State with Longer Statute of Limitations Laws, What Now

    My question involves collection proceedings in the State of: CO and UT

    I moved from CO to UT last month. A collector is trying to collect on an account that is about 7 months beyond SOL in Colorado, meaning that SOL had expired prior to our leaving the state. We've been in UT now for one month and a collector is trying to collect on the debt sending notices to our UT address. We still maintain an address in CO and filed taxes in CO for all of 2010.

    My question is does the CO statute of limitations still apply since it had expired before we moved? Also, the date of first delinquency occurred in CO in 4/2006. But the collector is stating that the last payment was made in 6/2007, which is incorrect.

  2. #2
    Join Date
    Sep 2005
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    Default Re: I Moved to a State with Longer Statute of Limitations Laws, What Now

    The expiration of the statute of limitations doesn't mean a debt collector can't try to collect what you owe - it merely means that they can't sue you. If they're covered by the FDCPA or a state law with similar protections, they are forbidden from threatening to sue you if they know the statute of limitations has run.

    If they sue you, you can raise the statute of limitations as a defense.

    If the issue is that they're stating that the debt is not expired under Colorado law because your last payment was made in June, 2007, and you end up litigating, you'll have to raise the statute of limitations defense and litigate that issue.
    Quote Quoting Utah Code, 78B-2-103. Action barred in another state barred in Utah.
    A cause of action which arises in another jurisdiction, and which is not actionable in the other jurisdiction by reason of the lapse of time, may not be pursued in this state, unless the cause of action is held by a citizen of this state who has held the cause of action from the time it accrued.

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