How do you determine if a credit card is an open end account or a closed end account in Colorado to determine SOL?

I respectfully disagree with my colleague. I believe TILA may apply. Under TILA, all credit card debt is defined as open account. Now, the court could ultimately find that TILA does not apply and this is under a six year statute. As with all law, the analysis is complicated and, ultimately, it will be left to the judge on how they determine this. Just last year I had a credit card collection lawsuit dismissed on summary judgment and we were also awarded $1,000 against the credit card for violation of the FDCPA (attempting to collect on time-barred debt). So, at least for this judge, they ruled in favor of my arguments and dismissed the claim that the debt was under the six year statute. So, I disagree with the statement that it is unequivocal that the statute is six years. Now, it is certainly an open issue, but I would argue this in defense during the suit or in response to a collection demand. There are also separate issues of choice of law and the exact terms of your agreement that also come into play in this analysis. This is a good article discussing the subtleties of the analysis and variation by state http://www.bills.com/statute-of-limitations-on-credit-card/. The best advice is to speak with an attorney who has succeeded in defending these kinds of claims. Moreover, in addition to statute of limitations issues, you may have some counterclaims under FDCPA that are very effective. Good luck.

I deal with these cases all the time. A credit card is a revolving account and the 6 years statute of limitation definitely applies to all credit card debt.

As evident by the other two responses, the answer just depends. I would add to my colleagues response that your credit card agreement may specifically provide that the state law of another state may control the interpretation of the agreement. Your best bet, as stated, is to consult with an experienced debt (credit card) defense attorney.