August 23, 2019

Colorado Supreme Court: Laches Defense Does Not Conflict with Statute of Limitations

The Colorado Supreme Court issued its opinion in Hickerson v. Vessels on Monday, January 13, 2014.

Statute of Limitations—CRS § 13-80-103.5(1)(a)—Partial Payment Doctrine—Laches.

The Supreme Court held that the separation of powers doctrine does not bar application of the defense of laches to a debt collection action filed within the original or restarted six-year statute of limitations period. Laches does not conflict with the plain meaning of the relevant statute of limitations, nor does it conflict with the partial payment doctrine, which is a creature of Colorado common law. Since early statehood, Colorado case law has recognized the application of equitable remedies to legal claims. Accordingly, the Court reversed the judgment of the court of appeals and remanded the case for consideration of issues it did not reach.

Summary and full case available here.

Print Friendly, PDF & Email

Speak Your Mind