QUESTION

I have a question on a small claims case that is past the statue of limitations

Asked on Jan 18th, 2018 on Litigation - Colorado
More details to this question:
I was the defendant in a small claims case in 2010. The plaintiff or courts never sent me anything since the case I believe the plaintiff went to jail. I got a call from the plaintiff recently wanting money. I want to know where this stands and since it was 8 years ago what I can do. Thanks!
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You need to find out the status of the case that was commenced 8 years ago.  The statute of limitations is the time you have to commence an action.  If the action was started and you were properly served within the statute of limitations, it doesn't matter how long it takes to litigate the case.  If a judgment was entered against you in the case, the statute of limitations to collect on that judgment has probably not run (in NY it's 20 years, but it may be a different period in Co).  If the case was discontinued or dismissed, whether the plaintiff can bring another case, and if so his time to do so, would differ depending on when and for what reason the case was terminated.  
Answered on Jan 18th, 2018 at 12:33 PM

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