Most people can't afford to hire an attorney to go to court on their behalf, especially when a relatively small dollar amount is at stake. Small claims court solves this problem. The small claims court procedures are simplified, quick, and inexpensive, making it an excellent forum for straightforward disputes, such as security deposit cases or automotive repair disputes.
What Is the Dollar Limit in Colorado Small Claims Cases?
Because of the relaxed procedures, you won’t be able to recover as much as you would in other courts. You can recover up to $7,500 in a Colorado small claims court action. Small claims cases are heard in County Courts in Colorado.
What Type of Claim Can I Bring in a Colorado County Court?
Almost any matter that can be resolved by awarding money is fair game. Small claims court is often used to recover unpaid debts, wages, security deposits, and medical costs after minor injuries, such as dog bites. For instance, small claims court works well if you want reimbursement for your rental unit’s broken fence after an unapproved Airbnb party or for a door ding incurred in a parking lot. People or businesses sued in small claims court (called "defendants") might also include service-providers, such as mechanics, dry cleaners, and caterers, who fail to live up to their end of the bargain. Or retailers who refuse to return or repair defective items.
Can I Bring Any Claim in Small Claims Court?
No. Small claims court probably won’t be the proper forum if you want something other than money. For example, you must go to a family law court if you want to file for divorce or change child custody.
Also, typically, most small claims courts won’t allow you to ask for punitive or “punishment” damages, bring libel or slander actions, or sue a governmental entity. Because the actions you can bring in small claims court vary by state, check your local small claims court website for specifics.
The Colorado Judicial Branch publishes step-by-step instructions on opening small claims cases and other helpful resources like forms, subpoenas, and filing fee amounts.
How Do I File a Small Claims Action in Colorado?
The first step is filling out the necessary forms for your claim and paying the required fees. In Colorado, the form is called a "Notice, Claim and Summons to Appear for Trial."
You'll have to file the form in the appropriate county courthouse (more on that below) and pay a filing fee. As of 2025, the fee is $31 for claims up to $500 and $55 for claims up to $7,500. If you can't afford to pay the fee, you can request a fee waiver.
What Information Do I Need to File My Small Claims Suit in Colorado's County Court?
You'll need the name and address of the defendant (the person or business you're suing). You'll also need details about your claim, including the date the claim arose and the amount you intend to ask for, known as your "damages." You can learn more in the Colorado Judicial Branch's Guide to Small Claims.
How Much Time Do I Have to File a Small Claims Action in Colorado?
You have a limited time to file a small claims case in Colorado. The time limit—set by the "statute of limitations"—varies based on the type of claim you are filing.
You can find the statute of limitations in the Colorado Revised Statutes. Except for when you sue a government agency, you almost always have at least one year from the date of harm to file a lawsuit. You might have more time, but you'll typically be okay if you file your claim within one year. Here's an overview of statutes of limitation in all 50 states, including Colorado.
Calculating the statute of limitations can be tricky. If you miss the deadline, the judge will likely dismiss your claim, and you'll lose your chance to get compensation. A law librarian will probably be able to direct you to appropriate resources. Also, consider using the small claims court’s self-help services.
Which Colorado County Court Should I File In?
In Colorado, you’ll file your small claims matter in the Colorado County Court. The appropriate county is the county where at least one of the following applies:
- where the defendant lives
- where the defendant is regularly employed
- where the defendant has an office for business
- where the defendant is a student, or
- where the real property is located in some cases.
If the defendant in your case doesn't fit within any of these categories, talk to a court clerk or a lawyer to determine if your case is appropriate for small claims and where it should be filed.
How Do I Serve My Small Claims Action in Colorado?
Once you file your case, you must let the defendant know when and where to appear in the small claims action through a requirement called “service of process.”
In Colorado, you can typically use the sheriff's office or a process server to personally serve the defendant. You might also be able to ask the court to serve the defendant via certified mail. Procedures vary from county to county, so check the local court rules.
Be sure to confirm with the court clerk that you’re filing in the right court and using the appropriate form of service. Also, don’t leave without knowing how much time you have to serve the paperwork and when you must file the proof of service, the document that tells the court that the defendant received notice of the hearing and claim.
Does the Defendant Need to Respond to a Small Claims Action in Colorado?
Defendants may respond in writing to the small claims action by completing and filing the "Answer" portion of the "Notice, Claim and Summons to Appear for Trial." Defendants may also choose to include a "Counterclaim" in their Answer, which allows them to state their side of the case and argue that the person suing them actually owes them money.
Defendants who don't respond in writing must still keep track of the case, attend trial, and follow the court's orders.
Learn more about getting sued in small claims cases in Colorado and how to defend a small claims action.
How Do I Get Ready for Trial in Small Claims Court?
In small claims court, you won’t need to worry about details like jury selection. A judge will decide the case. Jury trials aren’t allowed in the small claims division of Colorado County court.
Most people don't enjoy appearing in court, and stress can run high. The best way to ensure that you'll do well before the judge or jury is through careful preparation. Consider doing the following:
- prepare a clear statement of your position
- gather and organize documents, such as contracts, credit card statements, and photographs, that you want to use as evidence
- ask reliable witnesses (people who saw what happened or experts on the subject matter of the claim involved) to come to court to tell what they have seen or heard (they might be able to submit a written statement)
- decide on the order in which you will present your evidence, and
- prepare to testify yourself if you think it will help your case.
Also, outline the points you plan to make to avoid missing anything, and organize the pieces of evidence you want to introduce (called "exhibits") according to when you'll use them.
Finally, educate yourself on the basic rules of evidence that apply in small claims court.
What Happens If the Other Side Doesn’t Show Up?
You'll likely win by default. However, you won't automatically get the requested claim amount. Be prepared to "prove up" your damages. You'll explain to the court how you determined the amount of loss and present supporting evidence.
What Happens If I Win My Colorado Small Claims Case?
The judge will order the other party to pay a specified amount if you win. Some judges announce the decision immediately following the hearing. However, in most courts, the clerk will “enter” or file and mail the judge's decision a few days after the hearing.
How Do I File a Colorado Small Claims Court Appeal?
If you disagree with the outcome of the case, you can appeal. But you'll have to move fast. You'll lose your rights if you don't file an appeal on time.
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.
If unsure about the appeal process, follow up with the self-help center or a local attorney.
How Do I Collect a Money Judgment?
Hopefully, all will go smoothly, and you’ll emerge the victor. But the matter won't be over if the defendant isn't willing to pay the court judgment because the court won't collect the money judgment for you. You'll need to take steps to collect your small claims money judgment.
Most people try to levy a bank account or garnish wages first because these approaches are usually more fruitful than trying to recover property. If you don't know where to find the defendant's assets, your court will likely have a discovery process that will let you find out.
In some courts, you'll send out a questionnaire. In others, you'll ask the defendant asset-related questions at the courthouse. Judges don't typically get involved unless the defendant refuses to answer a valid question.
Where Can I Find Colorado Small Claims Court Laws?
Here’s where you’ll find Colorado small claims laws: Colorado Revised Statutes (Colo. Rev. Stat.) §§ 13-6-401 to 13-6-417. The rules can be found in Colorado Rules of County Court Civil Procedure, Rule 411, and Colorado Rules of Civil Procedure for Small Claims Courts, Rules 501 to 521.
Where Can I Get More Colorado Small Claims Court Information?
Most small claims courts have some self-help service available, and that's usually a good place to start. You’ll also find detailed small claims information in Everybody's Guide to Small Claims Court, by Cara O'Neill (Nolo). It includes helpful tips covering all aspects of the small claims process, including preparing a compelling case and collecting the money when you win.
Can I Hire a Lawyer to Represent Me in Small Claims Court in Colorado?
In Colorado, attorneys typically aren't allowed to represent parties in small claims cases. A defendant may choose to be represented by an attorney if they give proper notice. And if the defendant hires an attorney, the person filing the small claims case (called the "plaintiff") can hire an attorney too.
You can always hire a lawyer to help you prepare your small claims paperwork and get ready for court. Learn about hiring a lawyer.