Legal Question in Credit and Debt Law in Colorado

Re: Lawsuit with CA Debt is past SOL what do I do???

Your message was a little bit confused and left a lot of unanswered questions. You mentioned three states, California, Maryland, and Colorado and stated that the statute of limitations on the debt had long since run. Each state has its own statute of limitations on a debt collection action. It may be that all three have, in fact, run.

Questions that need answering include the following:

In what state did the debt arise?

What is the statute of limitations for collecting a debt in that state?

Was there a written contract?

If so, does it tell you whether what state's law governs?

Did the creditor already go to court to obtain a default judgment against you in another state?

If so, how long ago and in what state?

Did that state have jurisdiction to enter the judgment?

A statute of limitations usually cannot be "restarted." The statutory time for bringing a claim begins to run when a cause of action accrues. Generally, a cause of action "accrues" when the person with the cause of action knows or should know of the facts giving rise to the cause of action. Rare circumstances can "toll" a statute of limitations, but you have provided no facts to suggest that a tolling argument exists for the creditor. Once a statute of limitations expires, a claim is barred forever.

In this case, you have a creditor seeking payment for a debt obligation. IF the creditor has not already reduced his claim to a judgment, you may have a valid statute of limitations defense. I would certainly raise this defense in front of the judge.

IF, on the other hand, the creditor already sued you in whatever state the debt arose in and obtained a judgment, by default or otherwise, then you may not have a valid defense. It may be possible and necessary for you to challenge any default judgment on the basis of failure to serve you with pleadings in the prior case or any other defense you might have asserted had you been notified of the potential claim. However, once a debt is reduced to a valid judgment, the judgment can be enforced for an long time and, in many states, can be "renewed" quite easily when it is about to expire. Thus, if a judgment has already been entered against you, the statute of limitations defense may not be available to you.

Unfortunately, you did not provide enough information for me to provide you with a really meaningful answer, but I hope this helps. I would try to obtain the services of counsel to assist you at your hearing on Tuesday if I were in your shoes. There are many who might be available. If you are in colorado, try calling the colorado bar association for a referral.

(I will not be in Colorado on Tuesday.)