Start My Answer
loading...

Colorado Debt Collection Statute of Limitations (Complete Guide 2023)

George Simons | November 16, 2023

George Simons
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

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.

Patrick Austin
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

Statute of Limitations on Debt in Colorado
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 FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>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 all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources

It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.


"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather



Get Started


Contents