Judgment after statue of limitations is up.

[lilsweetpea]

I'm in Colorado, and back in October of 2007, I was served for several accounts, most were hospital bills from before I got married. The collection company received a judgment against me 2/2008. The court said that my husband wasn't responsible for the bills prior to us getting married. At that time I didn't know that there was a statue of limitations on medical bills (which I believe is 3 years). All of this medical bills were over 3 years old before the judgment was issued, the most recent was 1/2005 all the others were 1-2 years older. My question is can I go back and challenge the judgment and have it removed because the statue of limitations had already expired before going to court. Or do I still have to satisfy the judgment? Also if I can have it removed how would I go about it.

[ecmst12]

No, the SOL is an affirmative defense, you would have had to present it in court AT THE TIME the judgement was awarded. It is far too late to go back now.

[Antigone*of*Greece]

Originally Posted by lilsweetpea

I'm in Colorado, and back in October of 2007, I was served for several accounts, most were hospital bills from before I got married. The collection company received a judgment against me 2/2008. The court said that my husband wasn't responsible for the bills prior to us getting married. At that time I didn't know that there was a statue of limitations on medical bills (which I believe is 3 years). All of this medical bills were over 3 years old before the judgment was issued, the most recent was 1/2005 all the others were 1-2 years older. My question is can I go back and challenge the judgment and have it removed because the statue of limitations had already expired before going to court. Or do I still have to satisfy the judgment? Also if I can have it removed how would I go about it.

The time for you to discuss SOL was when you were in front of the judge. That time has long passed. Now you will have the opportunity to satisfy the judgement.

Good luck to you.