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  #1  
Old 08-30-2005, 09:27 AM
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Join Date: Aug 2005
Posts: 9
Exclamation

Pending Judgement


What is the name of your state? Colorado
I received paperwork last night about an attorney taking me to court to have a judgement entered against me. This is for an old credit card debt from 1999, that was written off in May 2001. I was trying to find the Statute of Limitations in Colorado and have found 2 different time frames for credit card debt, one says 4 yrs, the other 6 yrs. Where can I find the correct info? and I don't believe I have made a payment to any collection agencies on this debt but how can I know for certain? Also, apparantly they have been trying to serve me but gave up and left it under my doormat, is this legal? It was notarized over 6 months ago and I've only been given 10 days to respond or appear in court.
  #2  
Old 08-30-2005, 07:27 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
SOL on a credit card in CO is THREE years:

Quote:
INTEREST RATE

Legal: 8%
Judgment: 8% (or higher if specified in contract or note)

STATUTE OF LIMITATIONS (IN YEARS)
Open Acct.: 3
Written Contract: 6 (signed promissory note)
Written Contract Goods Services: 3
Domestic Judgment
o District Court-20 (renewable every 20)
o County Court-6 (renewable every 6)
Foreign Judgment: 6 in CO.
You need to file your Answer with the court and use the expired SOL as your affirmative defense.

Since you last paid on this in 1999, the SOL ran out in 2002 !
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  #3  
Old 09-02-2005, 09:23 AM
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Join Date: Aug 2005
Posts: 9

SOL on credit card


Colorado
Any idea on how old this information is?
  #4  
Old 09-02-2005, 05:47 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
What, the SOL info ? Its current, I checked it with the CO statutes.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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