I recently received papers stating that I have to go to court over two checks that were returned back in 2007. At the time of the occurrence I was going through a divorce and had removed my husband from my account. In order to make sure that he no longer had access I went through all of my outstanding items with the bank to ensure there was enough left in the account to cover these items. The account was to be closed after these items went through. This is the first I am hearing of these items not being paid.
To enforce a claim for any back check liabilities, the creditor or collection agency must file a lawsuit before expiration of the statute of limitations. If the statute expires before the lawsuit is filed, the creditor or collection agency can be barred from suing to enforce the claim. As in most states, Colorado's statute of limitation laws set forth varying time limits depending on the type of claim involved. If the creditor or collection agency pursues the claims provided for in subsections (1)(a) or (1)(b) of Colorado Revised Statute 13-21-109, the six-year statute of limitations set forth in Colorado Revised Statute 13-80-103.5 applies. However, a claim under subsection (2) to impose damages equal to three times the amount of the bad check is limited to two years under Colorado Revised Statutes Section 13-80-102(k).
Mr. Leroi pointed out the technicalities of the statute of limitationsso it is important to know how the claim is being presented. There is a bill in the legislature this session that tries to simplify the statute of limitations.
This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.
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