Satue of Limitations on Contempt of court

[Anne Guarente]

Can someone tell me what the satue of limitations is for colorado courts . His X was given a car and all financial responsibilites in 1997 . She allowed the car to get repossessed so as to ruin his credit. He has been paying on it for 3 1/2 years, and we want to sue her for the money and file a contempt of court can we do this I have searched web sites trying to find answers?? Help Its a 10,000 car and we owe 6 still.

 

[I AM ALWAYS LIABLE]

Can someone tell me what the satue of limitations is for colorado courts . His X was given a car and all financial responsibilites in 1997 . She allowed the car to get repossessed so as to ruin his credit. He has been paying on it for 3 1/2 years, and we want to sue her for the money and file a contempt of court can we do this I have searched web sites trying to find answers?? Help Its a 10,000 car and we owe 6 still.

My response:

A court order is a contract - - a written contract to be specific, and signed by a judge. But, in a Family Law circumstance, when one party fails to abide by the "contract", it's more than a mere "breach of contract"; it's also "contempt of court", which carries criminal penalties and civil penalties - - i.e., you don't screw with a judge's orders.

Like any written contract in Colorado, the Statute of Limitations is 6 years from the date of the inception of the contract (or, Order), or 6 years from the date of last payment, whichever is later.

What I can't understand, is why you folks waited 3 1/2 years to exercise your rights ?

See an attorney to have an "Order to Show Cause Re: Contempt of Court" filed and served.

IAAL

 

[Anne Guarente]

Ypur info helps thank you

Long story short. Because the original decree was in PDX and he was moving to ATL his visitations was reasonable and seasonable. So he has had the kids 133 days in 99 and 130 days in 2000. So he figured why cause friction when we were getting the kids for long periods of stay . Now she moved in with some guy and is telling him he can have the kids everyother month. So we are moving the decree to Colorado because the children have lived there for 3 years and we are flying to Colorado on tuesday to hire a lawyer to file for a specific parenting time. Thats why we are now inquiring about the car. If we can not see the kids but everyother month due to her terms then we shall envoke the whole decree.
Thank you in advance for your info.

 

[I AM ALWAYS LIABLE]

Re: Ypur info helps thank you

Long story short. Because the original decree was in PDX and he was moving to ATL his visitations was reasonable and seasonable. So he has had the kids 133 days in 99 and 130 days in 2000. So he figured why cause friction when we were getting the kids for long periods of stay . Now she moved in with some guy and is telling him he can have the kids everyother month. So we are moving the decree to Colorado because the children have lived there for 3 years and we are flying to Colorado on tuesday to hire a lawyer to file for a specific parenting time. Thats why we are now inquiring about the car. If we can not see the kids but everyother month due to her terms then we shall envoke the whole decree.
Thank you in advance for your info.

My response:

Please forgive my ignorance, but what is PDX ?

In what State was the original Order signed, and does that State still have jurisdiction over that Order ?

IAAL

 

[Anne Guarente]

oops

Portland Oregon. And on Tuesday our lawyer explained over the phone that the decree will be requested to be recognized in Colorado. Then all items in the divorce decree from Portland will now have Colorado Juristriction. However we are not going till Tuesday and we did not have a chance to ask about the car situation

 

[I AM ALWAYS LIABLE]

Re: oops

Portland Oregon. And on Tuesday our lawyer explained over the phone that the decree will be requested to be recognized in Colorado. Then all items in the divorce decree from Portland will now have Colorado Juristriction. However we are not going till Tuesday and we did not have a chance to ask about the car situation

My response:

Thank you. Fortunately for you and your husband, Oregon and Colorado have the same S.O.L. on written contracts. If, for example, Oregon had a 3 year S.O.L., then you and your husband would have blown the Statute, and would have had no recourse in terms of the vehicle debt; i.e., the S.O.L. could not have been increased all because the Order is being transferred to Colorado. If the S.O.L. had been shorter, a Colorado court would have had to apply the shorter limitations period.

But, you got lucky. Next time, don't depend on "luck". Know.

IAAL

 

[Anne Guarente]

WOW thank you so much !!!

We are lucky!! Thanks for looking that info up for me have a great weekend!!

 

[Anne Guarente]

to:I am always liable

I want to thank you for your info this past weekend.
We flew to Colorado yesterday. Hired an Attorney, filed to change the decree from Portland Oregon to Colorado , will file for more parenting time.
And filed a contempt of court on his vindictive X wife. She will receive a request to pay the 10,000 or a bench warrant will be issued in her name if she does not reply. And one better, because the court records show she has creditors after creditors trying to garnish her wages. He figures she will try not to pay so we can also garnish wages if she does not repsond. Which she most likely will not. Thank you again .

 

[LegalBeagle]

I smell a bankruptcy in the air..

 

[Anne Guarente]

Our lawyer did say maybe bankruptcy

Our Lawyer warned us of that, and if she does then that is her situation to content with. However, she recently purchased a house with her boyfriend so she is on the deed for half so he said lets go for it either way she loses. Our lawyer stated that she would have to prove she does not have the means to pay it , and at 62,000 a year she cannot prove that. { she got a big promotion last year }.