Colorado Statute of Limitations on Debt: How Long Can You Be Sued?

In Colorado, a creditor or debt collector generally has six years to sue you over most consumer debts. Under Colorado Revised Statutes (C.R.S.) section 13-80-103.5, a six-year statute of limitations applies to "all actions to recover a liquidated debt or an unliquidated, determinable amount of money" and to instruments evidencing or securing a debt. That captures the debts most people worry about: credit cards and open accounts, written contracts, and promissory notes. Once that six-year window closes, the debt does not disappear, but the collector loses the legal right to win a lawsuit forcing you to pay, as long as you raise the deadline as a defense in court.

How long the clock runs in Colorado

Colorado is unusual in how it categorizes debt claims. Many people assume a short three-year contract limit, and Colorado does have a three-year period under C.R.S. section 13-80-101 for general contract actions. But that general rule is expressly subject to the longer six-year period in section 13-80-103.5 for liquidated or determinable debts. Because most consumer debts are for a fixed, calculable sum, Colorado courts have generally treated them under the six-year rule.

• Credit cards and open accounts: Generally six years, because the balance owed is a liquidated, determinable amount.
• Written contracts: Generally six years when they call for payment of a fixed or calculable sum.
• Promissory notes: Generally six years as instruments evidencing a debt.

These distinctions can matter, and the way a particular account is documented can affect which statute a court applies. If your situation is close to a deadline, that is exactly the kind of detail worth confirming against the statute or with a Colorado attorney, because a difference of months can decide whether a lawsuit is allowed.

When the clock starts

In Colorado, the limitations clock starts when the claim "accrues." For a debt, that generally means when the debt becomes due and you fail to pay, most often the date of your last payment or the date you first defaulted on the required payments. For an installment or credit account, the practical starting point is usually the missed payment that put the account into default and was never cured.

The key takeaway: the clock is tied to your last activity on the account, not to the date the debt was charged off, sold to a collector, or first reported on your credit. A debt buyer that purchases an old account does not get a fresh six years. It steps into the original creditor's shoes and inherits whatever time is left.

The rule that can restart the clock

This is the most important and most dangerous rule for Colorado consumers to understand: certain actions can restart the six-year period, giving the collector a brand-new window to sue.

Two things commonly trigger this:

• Making a payment. A voluntary payment on an old debt, even a small "good faith" amount, can be treated as reviving the obligation and restarting the limitations period from the date of that payment.
• Acknowledging the debt in writing. Under C.R.S. section 13-80-113, a new promise or acknowledgment that revives a time-barred debt must be in writing and signed by the person to be charged. A signed letter, settlement document, or written admission that you owe the balance can reset the clock.

Because of these rules, you should be cautious before paying anything, agreeing to a payment plan, or putting promises in writing on an old account, especially one that may already be near or past the six-year mark. A collector who knows a debt is close to expiring has a strong incentive to get you to make a token payment or sign something. Confirm the age of the debt and the date of your last payment before you act. If you are not sure whether a debt is time-barred, get the account history in writing first.

An expired deadline is a defense you must raise

In Colorado, the statute of limitations is an affirmative defense. Under Colorado Rule of Civil Procedure 8(c), you must raise it in your written answer to the lawsuit. If you ignore a summons or fail to respond, the court can enter a default judgment against you even on a debt that was far too old to sue on. The judge will not throw the case out automatically just because the debt is stale; it is your job to assert the defense.

A Colorado debt judgment is serious and long-lasting. Judgments can be enforced for many years and revived, and they can lead to wage garnishment and bank levies. That is why responding on time matters: if the limitations period has expired, raising it correctly can end the case, but only if you show up and say so.

If you are served with a debt collection lawsuit in Colorado, note the deadline to respond on the paperwork, file a written answer with the court, and specifically state the statute of limitations as a defense if the debt appears to be more than six years past your last payment or default. Many Colorado courts and legal-aid organizations provide answer forms and self-help resources.

How Colorado fits with federal law

Federal law adds another layer of protection. The federal Fair Debt Collection Practices Act (FDCPA) governs third-party debt collectors nationwide. Federal regulators and courts have made clear that suing, or threatening to sue, on a debt the collector knows is time-barred can violate the FDCPA. So in Colorado you may have both a state-law defense (the expired six-year period) and a potential federal claim against a collector that sues anyway.

Separately, the federal Fair Credit Reporting Act (FCRA) limits how long most negative debts stay on your credit report, generally seven years. That credit-reporting clock is different from the lawsuit clock. A debt can be too old to sue on under Colorado law while still appearing on your credit report, and vice versa. Do not assume the two periods match.

Colorado also has its own debt-collection rules. The Colorado Fair Debt Collection Practices Act regulates collectors operating in the state and is administered through the Colorado Attorney General's office. These state rules work alongside the federal FDCPA, and in some areas Colorado provides additional protections.

Where to verify and get help

Because deadlines and how courts apply them can turn on specific facts, verify the current rules before you rely on them. The official Colorado statutes (Title 13, Article 80) set out the limitations periods and are the authoritative source. For consumer help and to report abusive collection practices, contact the Colorado Attorney General's Office, Consumer Protection Section, and its consumer resources at Stop Fraud Colorado (coag.gov). The Attorney General's office also administers the state's debt-collection and consumer-credit laws.

If you are facing an active lawsuit, consider speaking with a Colorado consumer-protection attorney or a legal-aid organization. Many handle debt-defense cases, and identifying an expired statute of limitations early can be the difference between a dismissed case and a judgment with garnishment attached.

This article is general information about Colorado law, not legal advice for your specific situation. Statutes and court interpretations can change, so confirm the current rule with the official Colorado statutes or a licensed Colorado attorney before acting.

Official Colorado Sources

This page is based on Colorado law. Limits and deadlines change — verify the current details directly with the official Colorado sources below. This is general legal information, not legal advice.

• Colorado Attorney General - Consumer Protection Section — official Colorado agency.
• Colorado Attorney General - File a Complaint
• Colorado Revised Statutes Title 6 - Consumer and Commercial Affairs (Colorado Consumer Protection Act)

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Colorado’s own rules.