Daniel Shane Hassler v. Account Brokers of Larimer County, Inc. — Marquez, J., Concurring in Part and Dissenting in Part

Summary

Justice Marquez agrees that installment-debt claims accrue when payments become due, that each missed installment generally accrues separately, and that optional acceleration requires a clear, unequivocal affirmative act. She disagrees that repossession of collateral and transmission of the statutory safe-harbor notice necessarily accelerated the entire debt, concluding that the creditor acted only under the secured-transactions statutes. She would affirm the district court's determination that the deficiency claim was timely because no pre-limitations-period debt remained unpaid. As a separate opinion, her reasoning is not the controlling holding of the court.