Colorado sol. 3 years or 6?

[Vertigo]

What is the name of your state?Colorado
Searching the web and even in this forum I find conflicting dates. Question: Department store credit cards. In Colorado is the sol 3 years or 6?

[MommieDearest]

I have just been investigating this myself - my lawyer friend did some research for me and all evidence points to 6 years. I guess there have been some rather recent changes in the laws so the online info that you'll find saying 3 years is no longer accurate.

I was pretty bummed to find that out.

[Debt Guy]

Here what I was able to find

Colorado Statutes of Limitation

Domestic and foreign judgments: 6 years and renewable each six years. Note: If for child support, maintenance or arrears the judgment (lien) stays in effect for the life the judgment without the necessity of renewal every six years.

All contract actions, including personal contracts and actions under the UCC: 3 years (C.R.S. 13-80-101), except as otherwise provided in 13-80-103.5; All claims under the Uniform Consumer Credit Code, except sections 5-5-201(5); All actions to recover, detain or convert goods or chattels, except as otherwise provided in section 13 -80-103.5.

Liquidated debt and unliquidated determinable amount of money due; Enforcement of instrument securing the payment of or evidencing any debt; Action to recover the possession of secured personal property; Arrears of rent: 6 years, (C.R.S. 13-80-103.5)


Looks to me like the SOL is 6 years -- (Enforcement of instrument securing the payment of or evidencing any debt)

[Ladynred]

Credit cards are NOT written contracts, they are open-ended agreements. SOL is 3 years:

§13-80-101 -
General limitation of actions
Three Years.
(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:
(a) All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section §13-80-103.5;

[racer72]

Originally Posted by Ladynred

Credit cards are NOT written contracts, they are open-ended agreements. SOL is 3 years:

Unfortunately, as others have posted in these forums, many judges are considering credit cards as written contracts, not open ended agreements.

[Ladynred]

While that is true, and I've posted just that myself for OK and FL, that doesn't mean you cannot TRY. Use the Truth in Lending Act (TILA) and go from there. Judges HAVE been 'educated' by pro se defendants more than once !

[JETX]

Originally Posted by racer72

Unfortunately, as others have posted in these forums, many judges are considering credit cards as written contracts, not open ended agreements.

Yep, and the problem is..... and follow the details.
The agreement itself IS a written contract; however, the DEBT that arises from the contract is an 'open account', as defined by FEDERAL laws (Truth In Lending). Lots of courts get 'edumicated' on this daily.

TITLE 15 > CHAPTER 41 > SUBCHAPTER I > Part A > § 1602
§ 1602. Definitions and rules of construction
(i) The term “open end credit plan” means a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan which is an open end credit plan within the meaning of the preceding sentence is an open end credit plan even if credit information is verified from time to time.
Source: [url]http://straylight.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00001602----000-.html[/url]

[stevek3]

Originally Posted by Ladynred

While that is true, and I've posted just that myself for OK and FL, that doesn't mean you cannot TRY. Use the Truth in Lending Act (TILA) and go from there. Judges HAVE been 'educated' by pro se defendants more than once !

Please...When will you ever take a gander at the real world? It's ridiculous. 99.99% of pro se defendants couldn't even educate Judge REINHOLD.

[Vertigo]

Thanks for all the responses. Looks like I'll have to do some more reasearch and go frome there.