Colorado Debt Collection Statute of Limitations (Complete Guide 2023)
George Simons | November 16, 2023
Co-Founder of SoloSuit
George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.
Edited by Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Fact-checked by Patrick Austin, J.D.
Attorney from George Mason
Patrick Austin, JD
Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.
Summary: The statute of limitations in Colorado is typically six years for debts related to credit cards, medical, auto loans, student loans, mortgage, and rent. However, in some circumstances, the statute of limitations may be reduced to three years.
If you're facing a debt lawsuit in Colorado and you don't know what to do, then you're at the right place. First, you'll need to know whether or not the debt collector has the legal right to sue you. If the debt is old and you barely remember anything about it, chances are that it's time-barred.
This guide will help you understand the statute of limitations on debts in Colorado and your rights as a debtor when filing an answer to the debt complaint filed against you.
Make the right defense the right way with SoloSuit.
Colorado statute of limitations explained
| Debt Type | Deadline |
|---|---|
| Credit Card | 6 years |
| Medical | 6 years |
| Auto Loan | 6 years |
| Student Loan | 6 years |
| Mortgage | 6 years |
| Rent | 6 years |
| Judgment | 20 years |
| Source: Colo. Rev. Stat. § 13-80-101, § 13-80-103.5, and Colorado Judicial Branch |
Each state has set timeframes within which a debt collector can sue a debtor for an unpaid debt. For example, this period can range between three to 20 years in Colorado, although most debts have a statute of limitations of six years.
The six-year period applies to debts deriving from breach of spoken or written contracts. In other words, the Colorado statute of limitations on debts involving credit cards, medical, auto loans, student loans, mortgage, and personal loans is six years.
Note that if a debt collector lacks basic information about the debt, such as the amount or the debt's connection to a contract, the statute of limitations drops to three years, according to CO Rev Stat § 13-80-101 (2018).
In Colorado, creditors can also obtain a judgment lien from a court, a ruling that allows a creditor to place a lien on the non-exempt properties of a debtor. When that happens, the debtor is obliged to pay the creditor from proceeds obtained from reselling or refinancing that property. This kind of debt collection has a statute of limitations of six years which can be renewed for an additional six or 20 years.
Debts owed to the IRS are treated differently. For example, if you fall behind in paying your taxes in Colorado, the IRS will pursue the debt for up to 10 years.
How Colorado's debt collection process works
The creditor will contact you when you default payment on your loan. Typically, the collection agent will remind you to honor your debt and also inform you about the accruing interests or fees.
If their efforts to have you settle the debt don't yield positive results, your account may be sold to a debt collection agency. The primary role of a debt collection agency is to pursue debts that are past due or those in accounts that are in default.
A debt collection agency's job is to locate debtors and request them to pay their overdue debts. After that, they'll carry on with the debt collection process and try to collect as much as they can from the debtor.
However, the Fair Debt Collection Practices Act restricts the debt collection strategies employed by such agencies. These restrictions are put in place to protect debtors from harassment and abuse.
For example, the debt collector can't make annoying calls to a debtor or contact them during odd hours, threaten, or use profane language when addressing the debtor. And, if they violate any of the set laws, the debtor can sue the debt collector.
Sometimes, things don't always go as expected as far as debt recollection is concerned, forcing the collection agency to file a lawsuit against the debtor. A debt complaint is always the final resort after other debt collection attempts have failed.
Use SoloSuit to respond to a debt collection lawsuit in 15 minutes.
How to handle a debt collection complaint in Colorado
It's never a good idea to ignore a debt collection lawsuit because it may lead to a default judgment against you. Instead, you need to read and respond to the complaint on time.
The state of Colorado allows up to 21 days from the day you received the debt collection summons to file your Answer. Before doing so, ensure that the debt belongs to you and that the amount quoted is correct.
Next, you'll need to find out whether the debt is time-barred or not. A time-barred debt is one whose statute of limitations has already expired, and therefore, the creditor has no legal right to sue for the debt. Despite that, you still need to file your Answer with the court where the lawsuit was filed.
Ideally, an answer contains your response to all the complaints in the summons. You may either agree, dispute, or declare that you don't know anything about the complaints. You can also agree to some claims, dispute others or deny the whole debt collection lawsuit.
In your Answer, you'll also assert your affirmative defenses stating the reasons why the credit collector (referred to as the plaintiff in this case) doesn't have a case against you. One of the assertive defenses you can use is the fact that the debt is time-barred. Other common reasons include:
- The debt you are being sued for was already paid partially or fully.
- The debt account doesn't belong to you.
- The contract from which the debt arises was canceled.
- You were a cosigner of the debt but were not informed about your rights.
After asserting your affirmative defense, you'll need to file your Answer with the court that issued the summons through the mail. You also need to mail a copy of the Answer to the plaintiff and keep one for yourself.
Pick the right affirmative defense with SoloSuit and win in court.
How Solosuit can help you with your answer
Even though the steps of responding to a debt collection summons may be as easy as explained above, most cases are complicated. Besides, you may not know what exactly to include in your Answer to increase your chances of winning the suit.
That's not something you need to worry about when you use Solosuit to generate your Answer. Solosuit is an easy-to-use web application designed to help debtors answer a debt collection lawsuit filed against them.
Here's how it works:
The app will generate a set of questions that you must answer as accurately as possible, depending on your case. It allows you to tell your side of the story, increasing your chances of winning the case.
After completing your questions, the application generates a legal document to print and file to the court as your answer document for free!
However, if you need help filing the Answer, Solosuit can do it for you at a small fee.
It's advisable to have your Answer reviewed by a SoloSuit attorney to increase your chance of winning the case by 80%. Solosuit can also recommend an attorney to you at a reasonable fee.
It's that simple, and in a matter of minutes, you'll be stress-free and ready to begin the next steps towards your financial freedom!
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
Get Started
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
How to answer a summons for debt collection in your state
Here's a list of guides for other states.
Guides on how to beat every debt collector
Being sued by a different debt collector? We're making guides on how to beat each one.
- Absolute Resolutions Investments LLC
- Accredited Collection Services
- Alliance One
- Amcol Clmbia
- American Recovery Service
- Asset Acceptance LLC
- Asset Recovery Solutions
- Associated Credit Services
- Autovest LLC
- Cach LLC
- Cavalry SPV I LLC
- Cerastes LLC
- Colinfobur
- Covington Credit
- Crown Asset Management
- CTC Debt Collector
- Cypress Financial Recoveries
- Delanor Kemper & Associates
- Eagle Loan of Ohio
- Educap
- Estate Information Services
- FIA Card Services
- Forster & Garbus
- Freshview Solutions
- Fulton Friedman & Gullace LLP
- Harvest Credit Management
- Howard Lee Schiff
- Hudson & Keyse LLC
- Integras Capital Recovery LLC
- Javitch Block
- Jefferson Capital Systems LLC
- LVNV Funding
- Mannbracken
- Mariner Finance
- Medicredit
- Michael J Adams PC
- Michael J Scott
- Midland Funding LLC
- Mullooly, Jeffrey, Rooney & Flynn
- Mountain Land Collections
- MRS Associates
- National Collegiate Trust
- Nationstar Foreclosure
- Northstar Capital Acquisition
- NCEP LLC
- NRC Collection Agency
- OneMain Financial
- Palisades Collection LLC
- Pallida LLC
- Paragon Revenue Group
- Pinnacle Collections Agency
- PMAB LLC
- Portfolio Recovery Associates
- Provest Law
- PYOD LLC
- Reunion Student Loan Finance Corporation
- Revenue Group
- Regents and Associates
- RSIEH
- Salander Enterprises LLC
- Second Round Sub LLC
- Security Credit Services
- Sherman Financial Group
- Suttell and Hammer
- T-Mobile
- Transworld Systems
- Tulsa Teachers Credit Union
- UCB Collection
- Velo Law Office
- Velocity Investments
- Waypoint Resource Group
- Weinberg and Associates
- Wolpoff & Abramson
Win against credit card companies
Is your credit card company suing you? Learn how you can beat each one.
- Bank of America
- Capital One
- Chase
- Credit One Bank
- PayPal Synchrony Card
- SYNCB/PPEXTR
- Synchrony Bank
- Target National Bank
- Wells Fargo
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Get answers to these FAQs
Need more info on statutes of limitations? Read our 50-state guide.
Why do debt collectors block their phone numbers?
How long do debt collectors take to respond to debt validation letters?
What are the biggest debt collector companies in the US?
Is Zombie Debt Still a Problem in 2019?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouse's Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
How Many Times Can a Judgment be Renewed in Oklahoma?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
What Happens After a Motion for Default Is Filed?
Can a Process Server Leave a Summons Taped to My Door?
Learn More With These Additional Resources:
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
Arkansas Statute of Limitations on Debt
You're Drowning in Debt — Here's How to Swim
Help! I'm Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Here's What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa
How to File a Civil Answer in Kings County Supreme Court
Roseland Associates Debt Consolidation Review
Do Debt Collectors Ever Give Up?
Can They Garnish Your Wages for Credit Card Debt?
How Often Do Credit Card Companies Sue for Non-Payment?
How Long Does a Judgement Last?
How Long Before a Creditor Can Garnish Wages?
How to Beat a Bill Collector in Court