Dealer wants refund back

[justrad]

I live in Colorado

We had purchased a used vehicle for my son and an extended warranty from a local dealer. We started to have problems with it and was referred to another dealer for repair. We made the appointment and took the car into this dealer for repair. We went through months and months of frustration and dissatisfaction with them and still the car was not repaired correctly. We finally gave up and was about to send a letter to the better business bureau and to the top executives of the company when I received a refund check from them for the amount of the repairs. I took this as compensation for everything we had to endure and that the car was never repaired correctly. I recently received a call from someone apparently representing the company claiming that the repair bill had not been paid and that I owed them. I had received a letter early last year from the warranty company stating they had paid the company so I faxed it to him. He later called me back and said the company mistakenly sent us a check and wanted it back and I told him it was for our compensation and he said he would sue us for it. We have since disposed of the car because it was not reliable anymore and took a hugh loss.

My question is what is can they sue us for the money back and what is the statute of limitation for their recovery?
This happened over a year ago.

 

[ALawyer]

I am not a CO lawyer but I doubt the statute of limitations has run, as they are generally run 3-6 years except for INTENTIONAL acts, such as defamation or assault, which are typically very short, and claims against a municipality.

As the factual basis of the mattter is confusing, I can't understand what else is involved. They may just chalk it off, after sending you a lawyers letter or some from collection agncies. If they sue you'd have to defend and possibly could counterclaim.