Hassler v. Account Brokers of Larimer County, Inc.

2012 CO 24, 274 P.3d 547, 2012 WL 1259020
CourtSupreme Court of Colorado
DecidedApril 16, 2012
DocketNo. 09SC519
StatusPublished
Cited by28 cases

This text of 2012 CO 24 (Hassler v. Account Brokers of Larimer County, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hassler v. Account Brokers of Larimer County, Inc., 2012 CO 24, 274 P.3d 547, 2012 WL 1259020 (Colo. 2012).

Opinions

Chief Justice BENDER

delivered the Opinion of the Court.

I. Introduction

T1 In this appeal, we review the order of the Jefferson County District Court upholding the county court's determination that the six-year statute of limitations contained in section 18-80-108.5(1)(a), C.R.S. (2011), did not bar respondent Account Brokers of Lar-imer County, Inc.'s claim against petitioner Daniel Shane Hassler. Account Brokers v. Hassler, No. 2009CV444 (Jefferson Cnty. Dist. Court May 19, 2009).

T2 Hassler financed the purchase of a vehicle by entering into a security agreement with Account Brokers' predecessor-in-interest, Norlarco Credit Union, in which the vehicle served as collateral. The security agreement provided that the balance of the loan plus the attendant interest would be repaid in monthly installments. When Has-sler later defaulted on his loan, Norlarco first repossessed the vehicle and then later sold it at auction. Norlareo applied the proceeds of the auction to the balance of the loan. The proceeds, however, were insufficient to cover the balance, and thus Hassler remained indebted for the deficiency. Norlareo eventu[549]*549ally transferred this debt to Account Brokers, who initiated the present suit. Account Brokers sued Hassler to recover the deficiency less than six years after the vehicle was sold at auction but more than six years after Hassler defaulted on the loan and the vehicle was repossessed. Ruling in favor of Account Brokers, both the county court and district court on appeal determined that the statute of limitations did not bar Account Brokers' claim because the amount of the deficiency was not "liquidated or determinable" until Norlareo sold the vehicle at auction.

I3 We reverse. The relevant legal inquiry under the statute of limitations is the date that the debt was made liquidated or determinable but rather the date that the debt accrued, which section 13-80-108, C.R.S. (2011), entitled "When a cause of action accrues," defines as the date that the debt became due. § 18-80-108(4). We hold that under Colorado law and the express terms of the parties' security agreement, the present debt became due when it was accelerated following Norlarco's repossession of the vehicle and demand for full payment on the debt, which occurred more than six years before the initiation of the present suit. Accordingly, the action is barred by the statute of limitations.

T4 Construing sections 13-80-108.5(1)(a) and 13-80-108(4), we conclude that the six-year statute of limitations for an action based upon the rights set forth in a security agreement begins to run on the date that the cause of action accrues, which is the date that the debt first becomes due. For a security agreement that is to be repaid in installments, the debt for each installment becomes due on the date that each installment is missed. Once an installment security agreement is validly accelerated, however, the entirety of the remaining balance becomes due and therefore the cause of action to collect the entire debt accrues.1

T5 In this case, Norlarco invoked the seeu-rity agreement's optional acceleration clause by repossessing Hassler's vehicle on October 30, 2001, and sending him a letter shortly thereafter demanding that he repay the entirety of his debt. Because Account Brokers, Norlareo's successor-in-interest, filed its claim to collect the remainder of the debt on May 7, 2008, which was more than six years later, we hold that the present claim is barred by the statute of limitations. Thus, we remand the case to the district court to be returned to the county court for proceedings consistent with this opinion.

II. Facts and Procedural History

T6 In October 2000, Hassler financed the purchase of a vehicle for $28,565.25 through Norlarco Credit Union. A security agreement, entitled "Open-End Voucher and Security Agreement," set forth the terms of the parties' agreement. The security agreement obligated Hassler to pay monthly installments of $5283.00 beginning on November 19, 2000, and gave Norlareo a security interest in the vehicle Hassler purchased.

T7 The security agreement defined default as "break[ing] any promise you make under this agreement." Paragraph 10 of the security agreement, entitled "What Happens if You Are in Default," specified the consequences of default to borrowers in different states. For Colorado borrowers, the security agreement authorized Norlarco to accelerate the loan and to require immediate payment of the outstanding balance at its option after the expiration of any statutory right to cure the default, stating:

When you are in default and after expiration of any right you have under applicable state law to cure your default, we can require immediate payment of your outstanding balance under the Plan without giving you advance notice.

(Emphasis added.) Paragraph 10 of the security agreement also included a reposses[550]*550sion provision. The repossession provision authorized Norlarco to take possession of the collateral, sell the collateral, and apply the proceeds of the sale to the amount owed on the loan. The borrower would then be liable for any remaining deficiency. In pertinent part, the repossession provision stated:

You agree [Norlareo] has the right to take possession of the property without judicial process if this can be done without breach of the peace.... After we have possession of the property, we can sell it and apply the money to any amounts you owe us.... If you have agreed to pay the advance, you will also have to pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the advance and to what you owe under the agreement.

18 Hassler made his last payment on the loan on April 21, 2001. He attempted to make payments in May 2001 and June 2001, but Norlareo reversed these credits in July 2001 because Hassler had insufficient funds to cover the payments. Norlareo repossessed the vehicle on October 30, 2001. At or around the time that Norlareo repossessed the vehicle, Norlarco sent Hassler an undated letter, entitled "NOTICE OF OUR INTENT TO SELL PROPERTY," which gave notice that it had repossessed the vehicle and that it intended to sell the vehicle sometime after November 10, 2001. The letter stated that the amount obtained from the vehicle's sale would reduce the amount Hassler owed and that Hassler would be liable for any deficiency remaining after the sale. The letter also notified Hassler that he could get his vehicle back before it was sold by paying Norlarco the full amount owed on the loan. It stated, "You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses." (Emphasis added.) The wording used in the letter was identical to the model language set forth in the "safe-harbor" provision found in section 4-9-614, C.R.S. (2011), which requires a creditor to provide a debtor with notice of the right to redeem the repossessed collateral before disposing of it.

T9 After a failed attempt to sell the vehicle through a consignment agreement with a car dealership, Norlarco sold the vehicle at auction on June 4, 2002. The vehicle sold for $17,500, and those proceeds were applied to the outstanding balance, which resulted in a deficiency of $11,637.11.

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Cite This Page — Counsel Stack

Bluebook (online)
2012 CO 24, 274 P.3d 547, 2012 WL 1259020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hassler-v-account-brokers-of-larimer-county-inc-colo-2012.