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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26390
Experience:  Litigation Attorney
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I lived in Colorado for many years until 1983. Was married

Customer Question

I lived in Colorado for many years until 1983. Was married but separated for a year or so before leaving in November of that year. Left because I had a business that was in trouble for a while and finally lost everything.The wife left the state months before with an old (friend). Apparently she divorced me in November of that year. This morning (30 years later) there was a knock on my door with a "verified motion and affidavit for citation for contempt of court". Wanting a percentage of royalties from a deal I made in the early 1980's....... I am 69 years old now and my wife and I live on my Social Security here in Tennessee... also We are on food stamps and the State is paying part of my medicare....We cannot believe this...can this be real and what do We do??
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a litigation attorney in Tennessee.

If someone is trying to enforce a judgment or an order from the 1980's, it is likely that the statute of limitations has run out. Generally, a judgment can be enforced from 6 to 20 years (depending on whether the judgment is from a district court or county court) under Colo. Rev. Stat. § 13-52-102(1), (2).

Thus, you are well past the time to enforce an old judgment, and you should be able to file a motion to dismiss the motion and affidavit for contempt IF it's based on an old order.

You are going to have to respond, however, or you could be defaulted into a judgment and contempt. Thus, you need to consult a lawyer or your local legal aid office to help you get a response drafted and filed. However, because so much time has passed, the judgment should not be enforceable at this point
Roger, Attorney
Category: Legal
Satisfied Customers: 26390
Experience: Litigation Attorney
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Customer: replied 1 year ago.
Thanks Kirk...my follow-up question is: This is from a 30 yr old
divorce.....You said statue of limitations is 20 yrs max......so why
would an attorney take this and why would a judge sign it???
Expert:  Roger replied 1 year ago.
That's a good question and I'm not certain why this was done. Maybe the lawyer is hoping that you don't challenge the matter or you won't claim the statute of limitations as a defense.

In any civil matter, the statute of limitations apply. In a criminal case, had a bench warrant been issued, then there's no limitation period. But, that doesn't appear to be the case here.

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