General limitation of actions - six years

Colo. Rev. Stat. § 13-80-103.5, under Courts and Court Procedure.

Colo. Rev. Stat. § 13-80-103.5

(1) The following actions shall be commenced within six years after the cause of action accrues and not thereafter:

(a) All actions to recover a liquidated debt or an unliquidated, determinable amount of money due to the person bringing the action, all actions for the enforcement of rights set forth in any instrument securing the payment of or evidencing any debt, and all actions of replevin to recover the possession of personal property encumbered under any instrument securing any debt; except that actions to recover pursuant to section 38-35-124.5 (3), C.R.S., shall be commenced within one year;

(b) All actions for arrears of rent;

(c) All actions brought under section 13-21-109, except actions brought under section 13-21-109 (2);

(d) All actions by the public employees' retirement association to collect unpaid contributions from employers for persons who are not members or inactive members at the time the association first notifies an employer of its claim for unpaid contributions. This paragraph (d) shall apply to causes of action as provided in section 24-51-402 (2), C.R.S.

(e) Repealed.

Source: L. 86: Entire article R&RE, p. 697, � 1, effective July 1. L. 87: (1)(a) amended, p. 568, � 4, effective July 1. L. 89: (1)(c) added, p. 757, � 5, effective July 1. L. 95: (1)(d) added, p. 562, � 20, effective May 22. L. 2001: (1)(e) added, p. 326, � 2, effective July 1. L. 2002: (1)(a) amended, p. 1331, � 1, effective July 1. L. 2006: (1)(e) amended, p. 2001, � 48, effective July 1. L. 2013: (1)(e) repealed, (SB 13-205), ch. 276, p. 1440, � 2, effective August 7.

Editor's note: This section is similar to former � 13-80-110 as it existed prior to 1986.

13-80-103.6. General limitation of actions - domestic violence - six years - definition. (1) Notwithstanding any other statute of limitations specified in this article 80, or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action to recover damages caused by an act of domestic violence, as defined in section 14-10-124, must be commenced within six years after a disability has been removed for a person under disability, as such term is defined in subsection (2) of this section, or within six years after a cause of action accrues, whichever occurs later, and not thereafter; except that in no event may any such civil action be commenced more than twenty years after the cause of action accrues.

(2) (a) For the purpose of this section, person under disability means any person who:

(I) Has a behavioral or mental health disorder; an intellectual and developmental disability, as defined in section 25.5-10-202 (26); or a brain injury, as defined in section 26-1-301 (1.5); and

(II) Is psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm that is the basis of the civil action.

(b) For the purpose of this section, where the plaintiff is a victim of a series of domestic violence offenses, the plaintiff need not establish which act of a series of acts caused the plaintiff's injury, and the statute of limitations set forth in this section commences with the last in the series of acts, subject to the provisions of this section regarding disability.

(c) A person under disability has the burden of proving that:

(I) The act of domestic violence that is the basis of the civil action occurred; and

(II) He or she was psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm.

Source: L. 2018: Entire section added, (HB 18-1398), ch. 350, p. 2075, � 1, effective August 8. L. 2019: (2)(a)(I) amended, (HB 19-1147), ch. 178, p. 2033, � 11, effective August 2. L. 2024: (1) amended, (HB 24-1350), ch. 344, p. 2346, � 10, effective August 7.

Cross references: For the legislative declaration in HB 24-1350, see section 1 of chapter 344, Session Laws of Colorado 2024.

13-80-103.7. General limitation of actions - sexual misconduct - third-party liability - definition. (1) (a) Notwithstanding any other statute of limitations specified in this article 80, or any other provision of law that can be construed to limit the time period to commence an action described in this section, any civil action based on sexual misconduct, including any derivative claim, may be commenced at any time without limitation.

(b) This subsection (1) applies to causes of action accruing on or after January 1, 2022, and to causes of action accruing before January 1, 2022, if the applicable statute of limitations, as it existed prior to January 1, 2022, has not yet run on January 1, 2022.

(2) As used in this section, unless the context otherwise requires, sexual misconduct means any conduct that forms the basis of a civil action that is engaged in for the purpose of the sexual arousal, gratification, or abuse of any person, and that constitutes any of the following:

(a) A first degree misdemeanor or a felony offense described in part 3 or 4 of article 3 of title 18 or a felony offense described in article 6 or 7 of title 18;

(b) Human trafficking for sexual servitude, as described in section 18-3-504;

(c) A federal sex offense as defined in the federal Sex Offender Registration and Notification Act, 34 U.S.C. sec. 20911 (5)(A)(iii);

(d) Obscene visual representations of the sexual abuse of children, as described in 18 U.S.C. sec. 1466A;

(e) Transfer of obscene material to minors, as described in 18 U.S.C. sec. 1470; or

(f) Attempt or conspiracy to commit sex trafficking of children or by force, fraud, or coercion, as described in 18 U.S.C. sec. 1594.

(3) to (5) (Deleted by amendment, L. 2022.)

(6) (a) This section also applies to any cause of action arising from factual circumstances that include sexual misconduct that is brought against a person or entity that is not the perpetrator of the sexual misconduct.

(b) This subsection (6) applies to causes of action accruing on or after January 1, 2022, and to causes of action accruing before January 1, 2022, if the applicable statute of limitations, as it existed prior to January 1, 2022, has not yet run on January 1, 2022.

Source: L. 90: Entire section added, p. 885, � 1, effective April 16. L. 93: Entire section amended, p. 1908, � 1, effective July 1. L. 2017: (3.5)(a) amended, (HB 17-1046), ch. 50, p. 156, � 4, effective March 16; (3.5)(a) amended, (SB 17-242), ch. 263, p. 1293, � 110, May 25. L. 2021: Entire section amended, (SB 21-073), ch. 28, p. 117, � 1, effective January 1, 2022.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.