Professional Documents
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Mike Johnston
Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864
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Colo. Rev. Stat. Ann. 13-80-108(4) (West 2012). Id. 13-80-108(5) (West 2012). 3 Jessica Silver-Greenberg, Bringing Expired Debt Back to Life, WALL ST. J. (Dec. 31, 2011). 4 Colo. Rev. Stat. Ann. 13-80-101(1)(a) (West 2012). 5 Id. 123-80-103,5(1)(a) (West 2012).
Colorado Context: The Colorado State Judicial Branch does not specifically provide information on the total number of cases related to all forms of debt collection. However, of the 125,5976 total civil cases filed in Colorado District Court in FY 2011:7 6,671 cases were classified as money cases, or civil cases in which the plaintiff was suing for money owed. 572 cases were classified as note cases, or civil cases in which the plaintiff claims defendant has signed a note (a borrowers legally binding written promise to repay a debt to a lender on a specified date) and has defaulted on the payment for that note. 295 cases were classified as goods sold and delivered, or civil cases in which the plaintiff claims that the defendant has failed to pay for products purchased. National Context: Although all states have a statute of limitations for debt recovery actions, no information is available at this time regarding whether states have chosen to lengthen or shorten their statutory time frames. Bill Provisions: Specifies that legal actions for the recovery of debt based on the following claims are subject to a six-year statute of limitations: o debt for care given or delivered, o debt for services rendered, o debt for money lent, o debt for money paid, o debt for money had and received, o debt for goods sold and delivered, o and debt for open or book account, or account stated Provides that an action disputing or challenging the reasonableness of a debt recovery claim will not cause the amount sought in the case to be considered unliquidated or undeterminable Fiscal Impact: No fiscal note for SB 12-069 is available at this time.
Colorado Judicial Branch, Annual Statistic Report FY 2011 20 (2012), available at http://www.courts.state.co.us/Administration/Custom.cfm?Unit=annrep&Page_ID=358. 7 Id.