Duell v. United Bank of Pueblo, N.A.

Judge TURSI

specially concurring.

I disagree with that part of the majority opinion addressing the effect of § 13-80-109, C.R.S. (1987 Repl.Vol. 6A), and therefore, I write separately.

In 1986, the General Assembly repealed and reenacted article 80, title 13, (Limitations-Personal Actions) and at that time amended the predecessor section to § 13-80-109. The predecessor statute read:

STATUTE APPLIES TO SETOFFS. The limitation provisions of this article shall apply to the case of any debt or contract alleged, by way of setoff, on the part of a defendant. The time of limitation of such debt shall be…