Legal Question in Civil Litigation in Colorado

Can someone pay off a debt for you unsolicited and then come back 11 years later

11 years ago my father in law borrowed 11,000 from the local potato growers co-op to help us get a mobile home to live in. The loan was to be re-paid from that years crop. Unfortuneately the crop was destroyed by hail and the loan was not repaid. without our consent or knowledged, totally unsolicited, a person went to the co-op and repayed the loan. a couple of months later, he came by and told my husband what he had done. My husband offered to make small monthly payments to him. He declined the offer and said he did it because we needed a place to live and did not want us to lose our home. It has now been 11 years and he is threatening to sue us to receive the entire lump sum of which we do not have or have the means of getting it. My question is two-fold. 1. Can he make a claim against us for something we did not ask him to do, there is no written contract of any kind, and our signature does not appear anywhere for this loan. 2. Is there any statute of limitation as to how long a person may wait until they sue you for money owed?


Asked on 5/02/01, 12:30 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Can someone pay off a debt for you unsolicited and then come back 11 years l

The good samaritan should not have waited so long to demand payment. He may have taken the rights to the loan, but he waited too long to collect. There is a legal doctrine called laches, which means an action must be brought in a reasonable time or the cause of action (here to collect) is barred. The statute of limitations has effectively run on this loan.

You may want to offer him some payment to avoid a lawsuit, after all he did save your house, and if he does sue you may incur legal fees to defend, even if you win.

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Answered on 6/18/01, 7:01 pm


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