Colorado Statute of Limitations

Colorado law places strict time limits on when creditors can sue to collect debts. Once the statute of limitations (SOL) has expired, the debt may still exist, but it becomes unenforceable in court. These time limits vary depending on the type of debt owed.

Mathew Higbee, founder of Higbee & Associates, comments:
“Colorado consumers gain real protection from time-barred debt lawsuits. Knowing these statutes empowers people to avoid being sued for obligations that are legally too old to enforce.”

Time Limits by Type of Debt Claim in Colorado

• Written Contracts – 6 years (Colo. Rev. Stat. § 13-80-103.5).

• Oral Contracts – 6 years (Colo. Rev. Stat. § 13-80-103.5).

• Open Accounts (such as credit cards) – 6 years (Colo. Rev. Stat. § 13-80-103.5).

• Promissory Notes – 6 years (Colo. Rev. Stat. § 4-3-118).

When the Clock Starts

The SOL clock in Colorado generally begins when the debtor defaults—usually on the date of the first missed payment. For installment debts, each missed payment may trigger a separate cause of action unless the account is accelerated.

Restarting or Extending the Statute (Revival)

The statute of limitations may be revived in Colorado if the debtor makes a partial payment or a written acknowledgment of the debt. Either action can reset the limitations period, giving creditors more time to sue.

How to Avoid Accidentally Restarting the Clock

Debtors should be cautious about making payments or sending written promises on old debts. Even small actions may reset the SOL and re-expose the debtor to legal collection efforts.

Judgments in Colorado

After a judgment is entered, separate rules apply. In Colorado, judgments are valid for 20 years and may be renewed (Colo. Rev. Stat. § 13-52-102). Judgments also create liens on the debtor’s real property when recorded.

Key Colorado Statutes

• Colo. Rev. Stat. § 13-80-103.5 – Six-year statute for contracts and open accounts.

• Colo. Rev. Stat. § 4-3-118 – Six-year statute for promissory notes and negotiable instruments.

• Colo. Rev. Stat. § 13-52-102 – Twenty-year judgment enforcement period, renewable.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Statutes of limitations and exemptions may change, and application depends on the facts of each case. Consult a licensed Colorado attorney for advice regarding your specific situation.