Colorado Small Claims Court: An Overview

Filing a claim in the small claims division of the Colorado County Court can be a straightforward and inexpensive way to settle a dispute. But to win your claim, you'll need to know and follow the rules. Here are answers to common questions about the small claims court process in Colorado.

What's the small claims court dollar limit in Colorado?

You can ask for up to $7,500 in the small claims division of a Colorado County Court.

Can a landlord bring an eviction lawsuit in a Colorado small claims court?

The small claims division of the Colorado County Court doesn't hear evictions. However, it can hear other types of cases typically brought in small claims courts, such as property damage claims and breach of contract disputes.

Which court should I file my small claims action in?

In Colorado, you'll file your small claims matter in the Colorado County Court. The appropriate county is the county where one of the following applies:

• where the defendant lives
• where the defendant is regularly employed or has an office
• where the defendant is a student, or
• where the real estate is located in some types of cases.

What's the deadline to file a case in small claims court in Colorado?

You don't have an unlimited amount of time to file a claim. You'll have to bring it within the statute of limitations period for your particular case. For example, the Colorado statute of limitations periods generally range from two to six years. But it will depend on the type of action, and if you don't file within this period, you lose your right to sue.

Also, the statute of limitations can stop and restart depending on various circumstances, and figuring out when it expires can be challenging. For instance, if a minor is injured, the personal injury statute won't begin running until the child reaches 18 years of age. Learn more about calculating the statute of limitations.

Can an attorney represent a small claims claimant in Colorado County court?

Attorneys typically aren't allowed to represent parties in small claims cases in Colorado. In some cases, a defendant may choose to hire a lawyer with proper notice to the court. If the defendant hires a lawyer, the person filing the small claims case can too.

Does the defendant have to answer the small claims complaint?

No. Defendants may respond in writing to a small claims action by completing and filing an "Answer," explaining their side of the case. They may also add a "Counterclaim," arguing that the person suing actually owes them money. Defendants who don't respond in writing must still attend the trial and follow the court's orders.

Learn what happens if you get sued in small claims court.

Will I have a judge or jury trial in small claims court in Colorado?

A judge will hear your small claims hearing. Jury trials aren't allowed. Find out what to expect at the small claims trial.

Can I appeal a Colorado County court small claims case?

Yes. The person appealing their case must give the appeal paperwork to the county court within 14 calendar days of the magistrate or judge making a decision or entering a judgment on the small claims.

You'll want to find out how you'll receive notice of the entry of judgment. In many small claims courts, the clerk sends a notification by mail, but the procedure used by your court could be different. You must comply with this and other rules, so be sure to do your research and count the dates accurately, or talk with a local attorney.

Will the court collect my judgment for me?

No. You'll be responsible for all collection efforts. It's a good idea to determine whether you can collect before deciding whether to sue.

Where can I learn more about small claims court in Colorado?

The Colorado Judicial Branch publishes step-by-step instructions on opening and defending small claims cases and other helpful resources like forms and filing fee amounts.

You can also view Colorado law online on the Colorado General Assembly webpage. (Colo. Rev. Stat. §§ 13-6-401 to 13-6-417; Colorado Rules of County Court Civil Procedure, Rule 411 and Colorado Rules of Civil Procedure for Small Claims Courts, Rules 501 to 521.)

For detailed help with case filing, court strategy, and collecting a money judgment, see Everybody's Guide to Small Claims Court by Attorney Cara O'Neill (Nolo).