How does small claims court work in Colorado?
1. Jurisdictional Limit
C.R.S. § 13-6-403(1) caps Small Claims Court jurisdiction at $7,500, exclusive of interest and costs.
2. Court Name
Small Claims Division of the County Court.
3. Filing Fee
Filing fees are $31 (up to $500) or $55 (over $500), plus $20 sheriff service or $5 certified mail. Indigent filers may submit a Motion to File Without Payment and Supporting Financial Affidavit under C.R.C.P. 402.
4. Filing the Claim
File a Notice, Claim, and Summons (Form JDF 250) in the county where the defendant resides or where the cause of action arose (C.R.S. § 13-6-410). Service is by certified mail (clerk performs), sheriff, or private process server at least 15 days before the trial date (Sm. Cl. R. 504).
5. Defendant's Response
Defendants must file a Response (Form JDF 252) at least 7 days before the trial date if asserting a counterclaim, setoff, or jury demand (Sm. Cl. R. 506); otherwise, simply appearing on the trial date is sufficient. Failure to appear results in default judgment.
6. Attorney Representation
C.R.S. § 13-6-407(1) prohibits attorneys, paralegals, and other representatives in Small Claims Court unless (a) the opposing party is represented, or (b) the attorney is appearing pro se in their own case, or (c) the entity party is represented by a salaried officer/employee. Corporations may appear through a full-time officer or employee.
7. Hearing
The magistrate or judge conducts an informal hearing; the Colorado Rules of Evidence are relaxed (Sm. Cl. R. 511). Mediation is often offered.
8. Judgment & Collection
Either party may appeal to the District Court within 14 days, on the record (C.R.S. § 13-6-410); no trial de novo. An appeal bond and transcript fee are typically required. Collection tools include writs of garnishment under C.R.S. § 13-54.5 (subject to Colorado's 20% wage exemption under § 13-54.5-101), writs of execution, and judgment liens recorded under C.R.S. § 13-52-102.
9. Statute of Limitations
Standard SOLs apply: 6 years for contracts for liquidated debts (C.R.S. § 13-80-103.5), 3 years for other contracts and torts (§ 13-80-101), 2 years for personal injury (§ 13-80-102), and 3 years for fraud (§ 13-80-101(1)(c)).
This is legal information, not legal advice.
- Your claim exceeds $7,500 and must be filed in County Court (up to $25,000) or District Court
- The opposing party has retained an attorney — you may then retain counsel under the matching rule
- You need to appeal on the record, where preservation of trial errors becomes critical
- C.R.S. §§ 13-6-401 to 13-6-417
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.