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  1. #1
    Join Date
    Feb 2018
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    Default What is the Statute of Limitations for Out-of-State Debts in Colorado

    My question involves collection proceedings in the State of: Colorado

    Hello, I just was served papers in the state of Colorado for debt that is 5 years old. I defaulted on the credit card account in 2012. My question is do I have a case using statue of limitations, as this is beyond the 5 year rule in Idaho?

  2. #2
    Join Date
    Oct 2014
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    8,238

    Default Re: Being Sued in Co, Debt Incurred in Id, Looking for Statute of Limitations Assista

    Quote Quoting tammy1115
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    My question involves collection proceedings in the State of: Colorado

    Hello, I just was served papers in the state of Colorado for debt that is 5 years old. I defaulted on the credit card account in 2012. My question is do I have a case using statue of limitations, as this is beyond the 5 year rule in Idaho?
    Colorado law has two provisions to deal with resolving conflicting statutes of limitation (SOL) between Colorado and the other jurisdiction, and unfortunately those two sections themselves conflict. This makes the Colorado law a bit more messy than it should be. Your facts are not really clear, and that too makes it difficult to figure out what SOL applies. So before digging into an explanation of the Colorado law here, let me ask you a few questions to clarify the facts:

    (1) In what state were you living when you obtained the credit card?
    (2) What date did you last pay the card?
    (3) In what state were you living when you last paid on the card?
    (4) When did you move to Colorado and what has happened on the account since the move but prior to the filing of the lawsuit?
    (5) What does the credit card contract say about where lawsuits should be filed and what laws will apply?

    Very generally if you took out the card in Idaho and lived in Idaho at all times up through you default on the card, and then moved to Colorado after the default and nothing has happened on the account (no payments, etc) until the lawsuit was filed then generally the cause of action arose in Idaho and thus under Colorado’s borrowing statute (CRS § 13-80-110) the rule would be that the shorter of either the Idaho SOL or Colorado SOL would apply. So in that case if the SOL has expired to bring the case in Idaho then it could not be brought now in Colorado either.

    It is true that Idaho law provides for a five year SOL for written contracts. But if you moved out of Idaho after you defaulted on the debt you have a potential problem in that Idaho statute section 5-229 states that once you move the time that passes AFTER the move is NOT counted in determining the SOL. What that means is that if you moved out of Idaho after you defaulted but before the Idaho SOL expired then the SOL is still open in Idaho and, as a result, the lawsuit could brought against you in Colorado too.

  3. #3
    Join Date
    Feb 2018
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    2

    Default Re: Being Sued in Co, Debt Incurred in Id, Looking for Statute of Limitations Assista

    In what state were you living when you obtained the credit card? Idaho
    (2) What date did you last pay the card? Idaho
    (3) In what state were you living when you last paid on the card? Idaho
    (4) When did you move to Colorado and what has happened on the account since the move but prior to the filing of the lawsuit? November 2012, no activity since moving to Colorado
    (5) What does the credit card contract say about where lawsuits should be filed and what laws will apply? Governing law says governed by Delaware. This is a card from World Financial Network Bank.

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