C.R.S. Section 13-80-108
When a cause of action accrues

Mentioned in

Colorado Supreme Court Weighs in on Bankruptcy & Foreclosure

DSNews, July 13, 2023

“The complaints generally allege that the date of the bankruptcy discharge starts the statute of limitations clock and therefore limits the lender’s right to foreclose. This important decision clarifies that discharge does not start the running of the statute of limitations clock.”
 
Bibliographic info

(1)

Except as provided in subsection (12) of this section, a cause of action for injury to person, property, reputation, possession, relationship, or status shall be considered to accrue on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence.

(2)

A cause of action for wrongful death shall be considered to accrue on the date of death.

(3)

A cause of action for fraud, misrepresentation, concealment, or deceit shall be considered to accrue on the date such fraud, misrepresentation, concealment, or deceit is discovered or should have been discovered by the exercise of reasonable diligence.

(4)

A cause of action for debt, obligation, money owed, or performance shall be considered to accrue on the date such debt, obligation, money owed, or performance becomes due.

(5)

A cause of action for balance due on an open account for goods or services shall accrue at the time of the last item of goods or services proved in such account.

(6)

A cause of action for breach of any express or implied contract, agreement, warranty, or trust shall be considered to accrue on the date the breach is discovered or should have been discovered by the exercise of reasonable diligence.

(7)

A cause of action for wrongful possession of personal property, goods, or chattels shall accrue at the time the wrongful possession is discovered or should have been discovered by the exercise of reasonable diligence.

(8)

A cause of action for losses or damages not otherwise enumerated in this article shall be deemed to accrue when the injury, loss, damage, or conduct giving rise to the cause of action is discovered or should have been discovered by the exercise of reasonable diligence.

(9)

A cause of action for penalties shall be deemed to accrue when the determination of overpayment or delinquency for which such penalties are assessed is no longer subject to appeal.

(10)

A cause of action for recovery of erroneous or excessive refunds of any tax administered under section 39-21-102, C.R.S., shall accrue on the date the department of revenue issues said refund.

(11)

A cause of action for a penalty for commission of a class A or a class B traffic infraction, as defined in section 42-4-1701, C.R.S., shall be deemed to accrue on the date the traffic infraction was committed.

(11.5)

A cause of action for a penalty for commission of a civil infraction, as described in section 16-2.3-101, is deemed to accrue on the date the civil infraction was committed.

(12)

A cause of action for bodily injury or property damage arising out of the use or operation of a motor vehicle accrues on the date that both the existence of the injury or damage and the cause of the injury or damage are known or should have been known by the exercise of reasonable diligence.

(13)

A cause of action by the public employees’ retirement association against an employer for unpaid contributions shall accrue on the date the nonpayment of contributions is discovered or should have been discovered by the exercise of reasonable diligence. This subsection (13) shall apply to causes of action as provided in section 24-51-402 (2), C.R.S.

Source: Section 13-80-108 — When a cause of action accrues, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑80‑101
General limitation of actions - three years 13‑80‑102
General limitation of actions - two years 13‑80‑102.5
Limitation of actions - medical or health care 13‑80‑103
General limitation of actions - one year 13‑80‑103.5
General limitation of actions - six years 13‑80‑103.6
General limitation of actions - domestic violence - six years - definition 13‑80‑103.7
General limitation of actions - sexual misconduct - third-party liability - definition 13‑80‑103.8
Limitation of civil forfeiture actions related to criminal acts 13‑80‑103.9
Limitation of actions - failure to perform a background check by a public entity - injury to a child 13‑80‑104
Limitation of actions against architects, contractors, builders or builder vendors, engineers, inspectors, and others 13‑80‑105
Limitation of actions against land surveyors 13‑80‑106
Limitation of actions against manufacturers or sellers of products 13‑80‑107
Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment 13‑80‑107.5
Limitation of actions for uninsured or underinsured motorist insurance - definitions 13‑80‑108
When a cause of action accrues 13‑80‑109
Limitations apply to noncompulsory counterclaims and setoffs 13‑80‑110
Causes barred in state of origin 13‑80‑111
Commencement of new action upon involuntary dismissal 13‑80‑112
When action survives death 13‑80‑113
New promise - effect of payment 13‑80‑114
Promise by one of parties in joint interest 13‑80‑115
Endorsement by payee - effect 13‑80‑116
Action against joint debtors or obligors 13‑80‑117
No dismissal for nonjoinder 13‑80‑118
Absence or concealment of a party subject to suit 13‑80‑119
Damages sustained during commission of a felonious act or in flight from the commission of a felonious act
Green check means up to date. Up to date

Current through Fall 2024

§ 13-80-108’s source at colorado​.gov