Statute of Limitations for Account Stated / Open Account in Colorado

Overview

In Colorado, disputes about unpaid balances often show up under familiar labels like “account stated” or “open account.” Even when the underlying facts involve invoices, payment history, or an agreement to pay, the timeline for suing is governed by Colorado’s statutes of limitation.

This matters because the statute of limitations can change the outcome regardless of the merits. If a claim is filed after the limitations period expires, the defendant may be able to raise that time-bar as a defense—meaning your ability to collect can depend heavily on when the claim “accrued” and how the claim is characterized.

DocketMath’s Statute of Limitations calculator helps you map the timeline to common claim types, including account-stated and open-account scenarios. It does not replace legal review of your specific documents, but it can help you get to the right question faster: What limitations period applies, and when did it start running?

Before running the calculator, gather at least:

• the date of the last relevant invoice or statement
• the date of any acknowledgment (for account stated)
• the date of the last payment
• the date you believe the claim accrued (often tied to a demand or a missed due date)

Limitation period

Colorado generally applies a shorter limitations period to certain contract-based claims than to some other civil claims. For account-related claims like open account and account stated, courts typically treat them as obligations arising from written or unwritten contracts depending on the facts—especially whether the agreement is evidenced by a writing.

For practical purposes, DocketMath frames these common categories so you can choose the one that matches your documents:

1) Open account (unpaid invoices / ongoing billing)

An open account usually involves a business relationship where charges accumulate over time, without a fixed final balance until later. The limitations period typically ties to when the obligation became due based on the last charge and the terms of payment.

Key timing drivers:

• Last invoice date (or last charge)
• When payment was due under the invoice terms
• Last payment (which may reset or affect accrual analysis depending on the facts)

2) Account stated (acknowledged balance)

An account stated typically involves a balance that has been acknowledged—for example, through a statement of account that the debtor assents to, or through communications that confirm the amount due.

Key timing drivers:

• Date the debtor acknowledged the balance (expressly or impliedly)
• Date of the statement that was treated as accepted
• Time allowed to dispute the statement (where applicable)

How DocketMath changes your output

Your calculator results will shift based on two inputs:

1. Claim type (account stated vs open account)
2. Accrual date (the date you input as the start of the limitations clock)

If your accrual date moves by even a few months, the “last day to file” moves too—sometimes across the threshold between timely and time-barred.

To use DocketMath effectively, you want your accrual date to reflect the most defensible theory:

• For open account, courts often look to when the debt became due under the invoices.
• For account stated, courts often focus on when the balance was stated and accepted/disputed.

Key exceptions

Even when you identify the correct baseline limitations period, several doctrines can change the timeline. Colorado recognizes mechanisms that may pause or alter how long the plaintiff has to sue.

Tolling and pauses (common categories to review)

Common timing-related issues include:

• Tolling due to disability or other legally recognized circumstances
• Fraud that prevents timely discovery (depending on claim framing)
• Equitable tolling in narrow circumstances
• Part payments or acknowledgments that may affect accrual analysis for contract obligations

“New promise” / acknowledgment concepts

In many jurisdictions, an acknowledgment or promise to pay can affect the limitations analysis. Practically, this becomes a document-and-date problem: emails, letters, account statements, and payment references matter.

For example, if a creditor sends periodic statements and the debtor does not dispute the balance within the course of dealing, that can support an account-stated theory. If instead the debtor disputes every invoice promptly, the case may look more like an open-account dispute over original invoices.

Litigation context: limitation period vs. other defenses

A statute of limitations defense is not the same as:

• failure to prove the debt amount
• lack of contract formation
• improper billing practices
• breach of an unrelated requirement

Still, timing can be decisive. If the limitations period expired, the case may not proceed even if the creditor’s ledger seems strong.

Statute citation

Colorado’s limitations periods for contract-related actions are set by Colorado statutes. For most account-related claims in Colorado, the relevant provisions are in Colorado’s limitation chapter under C.R.S. § 13-80-101 (general framework) and C.R.S. § 13-80-103 (time limits for certain actions, including various contract categories).

Because account stated/open account fact patterns can be characterized differently (written vs. unwritten; specific contract vs. account balance acknowledgment), the applicable subsection can turn on the nature of the obligation and the evidence.

Key point for users: the correct citation may differ depending on whether the claim is treated as arising from:

• a written contract, or
• an unwritten contract, or
• an obligation based on an account stated theory (acknowledged balance)

If you want the most accurate result from DocketMath, choose the claim type that matches what your records support and use an accrual date tied to the most defensible due/acknowledgment event.

Use the calculator

DocketMath’s Statute of Limitations calculator is designed to convert your claim facts into a clear timeline—specifically a last filing date based on the limitations period and the accrual date you provide.

Primary CTA: Open the Statute of Limitations calculator

What to enter

Use inputs like:

• Jurisdiction: Colorado (US-CO)
• Claim type:

  • Account stated
  • Open account
• Accrual date: the date you believe the clock began running
• (Optional but helpful) Last relevant event date for sanity checks

How results change

• Change the accrual date: the “last day to file” shifts accordingly.
• Switch claim type: account-stated vs open-account can lead to different periods or different accrual triggers.
• Align with your evidence: if you have a statement acknowledged after the last invoice, the account-stated route may match better than open-account.

Quick workflow checklist

Sources and references

Start with the primary authority for Colorado and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

• Colo. Rev. Stat. § 13-80-101

Related reading

• Choosing the right statute of limitations tool for Vermont — Tool comparison
• Statute of limitations in Singapore: how to estimate the deadline — How-to guide
• Choosing the right statute of limitations tool for Connecticut — Tool comparison