Supreme Court of Colorado
Daniel Shane Hassler v. Account Brokers of Larimer County, Inc.
April 16, 2012274 P.3d 547
Summary
The court held that the six-year limitations period for enforcing rights under a security agreement begins when the debt becomes due, not when a deficiency is liquidated or becomes determinable. Because the creditor validly accelerated the installment debt by repossessing the vehicle and demanding payment of the full balance more than six years before suit, the deficiency action was time-barred. Justice Marquez, concurring in part and dissenting in part, agreed with the accrual framework but would have found no unequivocal acceleration and would have affirmed the judgment below.