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Small Claims Cases

Opening a Case

Determine

Determine whether your case qualifies as a small claim. Small claims involve $7,500 or less (not including interest or costs).You may file a small claims case for a larger amount, but you will only be able to collect $7,500 if you win. You cannot divide a claim for more than $7,500 into two or more smaller claims.

Small claims often involve the following types of disputes:

  • Recovery of money
  • Restrictive covenants or residential property
  • Contracts
  • Security deposits and other landlord/tenant disputes

More specific information on the law of small claims  can be found in the Colorado Rules of Civil Procedure Rules 501 - 521 and §C.R.S. 13-6-403.

If you do not understand this information, you may want to contact an attorney.

Identify

If you think your case is a small claim, you should next identify which county court will hear your case. You will need to identify the court that will hear your case to complete the forms mentioned later in these instructions, and to know where to go to file those forms.

The appropriate county court is in the county where at least one of the following applies:

  • Where the Defendant (who you are suing) lives
  • Where the Defendant is regularly employed
  • Where the Defendant has an office for business
  • If the defendant is a student, you should file your case in the county where he or she attends school.
  • If the case involves is to enforce a restrictive covenant or arises from a security deposit dispute, you may file your case in the county where the real property is located.

To find your district court click on Courts by County.

Opening a Case

JDF 248 Small Claims Instructions has all the information included in one document.

STEP 1: Fill

Fill out Form JDF 250 Notice, Claim and Summons to Appear for Trial. 

STEP 2: File

File your case by taking the completed JDF 250 to the clerk's counter in the county courthouse that you identified earlier. Make sure to bring all four parts of JDF 250 (7 pages) with you to the courthouse.

You will be required to pay a filing fee at the time you submit Form JDF 250 to the clerk. The fee will be based on the amount of your claim:

If your claim is  $1.00 up to $500.00: $31

If your claim is $501.00 up to $7500.00: $55

If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box at the top of JDF 206  Finding and Order Concerning Payment of Fees to request a waiver of the filing fee. For more information check out the File Without Payment page.

The clerk who accepts your forms and filing fee will complete the "trial date" box on the form and might also tell you that you must go through mediation prior to trial. The clerk will schedule mediation and trial as quickly as possible, but please keep in mind that the lawsuit process could take several months in some cases.

STEP 3: Serve

Follow these steps to serve your completed JDF 250 on the defendant (party that you are suing).

Service must be completed at least 15 calendar days before the trial date. If you fail to serve the defendant on time, you will need to work with the court to reschedule your trial, or the court might dismiss your case. If the court dismisses your case, you will likely have to start over again.

If you are suing more than one defendant, you will need to serve each defendant with a separate copy of your completed JDF 250.

Complete information on how to complete service of process.

Step 4: Mediation (if applicable)

Mediation can be an effective way to resolve your dispute. In mediation, a neutral third person works with you and the other party or parties to your case in a confidential setting with the goal of helping everyone negotiate a mutually acceptable agreement. The court may order your case to mediation, or you can choose mediation to resolve your case without going to trial. Mediation services are available from the Colorado Office of Dispute Resolution (720-625-5940 or 800-888-0001 extension 55940) or from private mediators (see listings in the Yellow Pages or look up local mediators on the internet). Some areas offer no-or low-cost community mediation services. Please note that while you may choose to hire an attorney to represent you during mediation, you may also represent yourself, just like in court.

To Prepare for Mediation: 

  • Collect and organize all legal, financial, and other documents related to your case.
  • Consider preparing notes or an outline about the events that gave rise to your case to help you remember details during the mediation
  • Bring the collected documents and any notes or outlines with you to the mediation session. Be sure to arrive on time.
  • Be prepared to discuss the case with the mediator and with the defendant(s) in a constructive manner.

If you and the other party or parties reach an agreement during the mediation, prepare a stipulation using form JDF 75 and file it at the clerk's counter in the courthouse. If the mediation does not end in an agreement, then your case will likely proceed to a trial before a Judge.

Mediation Association of Colorado

Colorado Bar Assn Alternate Dispute Resolution

Step 5: Prepare

Before Your Trial:

Try to observe a small claims court trial. Trials are generally open to the public. The counter clerks at the courthouse can help direct you to a courtroom if you let them know that you would like to observe a case. Observing a trial may help you feel more comfortable in court and could help you prepare your own case.

Determine what evidence you may need to show the judge during your trial. Evidence can be in the form of documents, photographs, letters, printed emails, charts, receipts, etc.

You should organize and label all pieces of evidence, called exhibits.  Since you are the plaintiff, label your exhibits with numbers starting with 1. You should also make copies of the exhibits for the defendant(s) and for the judge. You will have to pay for any copies that the courthouse staff has to make for you.

Determine if you will need any witnesses to testify in your case. You can ask a witness to appear voluntarily. If the witness refuses to appear voluntarily, you may ask the judge to issue a subpoena using JDF 254. The subpoena will require the witness to come to court.

Before you appear in court, organize the key issues you would like to present during the trial by preparing notes or an outline.

Prepare to testify yourself if you think doing so will help your case.

The Day of Your Trial:

  • Be on time.
  • Turn off your cell phone.
  • Treat all people in the courtroom with respect, even if you get frustrated.
  • Call the judge "Your Honor," or "Judge."
  • The judge might ask you to speak to the other party or parties before the trial to determine if you can settle (resolve) the case without a trial. Please follow the judge's instructions.
  • During the trial, listen closely and take notes while any witnesses testify.
  • Present your position as clearly as possible and answer any questions the judge asks you. Make sure to tell the judge what outcome you would like to see in the case.