Legal Question in Credit and Debt Law in Colorado

Is there a statute of limitations on small claims?

I lent a friend of mine $4000 in 1998. In 1999, I filed in small claims court to sue her.

We then madea payment agreement and I cancelled the court date and informed the court

that we had settled out of court. The defendant is not making payments. I would like to file

a case and this time go through with it. Am I legally able to do this or because I cancelled

the first court hearing, she is no longer liable. I am also concerned about the statute of limitations

since it is now over 2 years since the oan was made.


Asked on 8/23/00, 1:31 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Is there a statute of limitations on small claims?

The date of your payment agreement in settlement of the first case is the controlling date.

You may sue for her breach of your settlement agreement by filing a new case in small claims court.

this time don't dismiss until you are paid.

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Answered on 9/29/00, 11:38 am


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