Colorado Small Claims Court: The $7,500 Limit, $31 to $55 Filing Fees, and How to File

Colorado’s small claims court is part of county court and handles disputes worth up to $7,500 [1][2]. There’s no jury, the rules of evidence are looser, and most people speak for themselves [3]. You file one form, pay a fee of $31 or $55, and the clerk gives you a trial date [1].

What small claims handles

Small claims hears cases up to $7,500 to recover money or property, enforce or set aside a contract, or enforce restrictive covenants [1]. Common cases include unpaid debts, contract disputes, and security deposits and other landlord-tenant problems [3].

You can file for more than $7,500, but the most you can recover is $7,500. You can’t split a bigger dispute into two cases [2][3]. A plaintiff can file no more than 2 small claims a month and 18 a year in each county [1].

Where to file

File in the county where the person you’re suing lives, regularly works, has an office or business, or goes to school [2][3]. For a security deposit dispute or a restrictive covenant case, you can also file where the property is [2].

Filing fees

If you can’t afford the fee, file JDF 205, the Motion to Waive Fees. If you get certain public assistance, you may qualify automatically using JDF 209 [1].

How to file, step by step

1. Fill out JDF 250, the Notice, Claim and Summons. Don’t attach exhibits to it [1].
2. File it at the county courthouse and pay the fee. The clerk fills in the trial date [1].
3. Serve the defendant at least 15 days before trial [1]. Use the sheriff or a private process server; you can’t serve the papers yourself. The clerk can also send them by certified mail at your cost, but if that fails you’ll need personal service [1].
4. Suing a business? Look up its registered agent with the Colorado Secretary of State and serve that person [1].
5. Suing a government agency? You may need to give written notice before you file, under C.R.S. § 24-10-109 [1].

The defendant answers by filing the Response section of JDF 250 on or before the trial date, with a counterclaim if they say you owe them money [1]. A counterclaim must be $7,500 or less to stay in small claims [3].

Lawyers

Lawyers usually aren’t part of small claims [3]. A defendant can hire one, but the lawyer must file an entry of appearance at least 7 days before the first trial date. The plaintiff then gets the chance to hire a lawyer too [3]. If either party is a lawyer, the other side may be represented without giving notice [4].

At trial

Bring three paper copies of every exhibit: one for you, one for the other side and one for the judge. Print photos, texts and emails [3]. If a witness won’t come on their own, ask the clerk for a subpoena; it must be served at least 48 hours before trial [3].

The judge or magistrate decides who wins and how much, and may add costs such as the filing and service fees [1].

After the judgment

Collecting. The court doesn’t collect for you [1]. Judgments earn the legal interest rate of 8%, compounded yearly [1]. A county court judgment expires 6 years after it’s entered unless you ask the court to extend it before then [5].

Appeals. If you lose, you can ask the court to pause collection while you appeal. An appeal is a district court judge’s review of the recording of your trial, not a new trial, and it can mean extra costs and a bond [4]. Ask the clerk about the deadline right after the ruling.

Other states

Small claims limits vary widely. See small claims limits by state on BestAmerica.