Colorado Small Claims Forms

Colorado Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Colorado Small Claims Forms

  • What can you not sue for in small claims court?

    In small claims court, you cannot sue for certain matters, such as divorce, child custody, or personal injury claims that exceed the maximum limit. Additionally, you cannot bring forward cases involving libel, slander, or any disputes that are not strictly monetary. Small claims cases should focus on straightforward financial disputes, making Colorado Small Claims Forms a vital tool for those navigating these processes. Using the correct forms can significantly simplify your claim submission, ensuring your case is positioned for a resolution.

  • How much can you sue for in Colorado?

    In Colorado small claims court, you can typically sue for amounts up to $7,500. This limit allows for fairly significant claims, making small claims court an accessible option for many individuals. If your claim exceeds this amount, you may need to consider other court options. Colorado Small Claims Forms will help you articulate your claim clearly within this financial boundary.

  • What is the longest you can wait to sue someone?

    The longest you can wait to sue someone depends on the specific type of claim. In Colorado, the statutes of limitations set these time limits, ranging anywhere from two to twenty years. If you hesitate too long, you risk losing your ability to file a lawsuit. Therefore, be vigilant about these timelines when using Colorado Small Claims Forms.

  • Do you tell someone you are taking them to small claims court?

    It is generally a good idea to inform the person you plan to take to small claims court. Open communication can sometimes resolve disputes before formal legal action is necessary. If nothing changes, you can proceed with your case using Colorado Small Claims Forms to formalize your claim. This approach maintains transparency and may lead to a quicker resolution.

  • How do I file a small claims case against someone out of state?

    Filing a small claims case against someone out of state requires understanding jurisdiction. Generally, you must file in the state where the defendant resides. Using Colorado Small Claims Forms makes it easier to navigate this process, as they guide you through the necessary steps. Additionally, consider consulting legal resources for any unique requirements in your situation.

  • How to sue someone in Colorado?

    To sue someone in Colorado, begin by gathering all relevant evidence and documentation for your case. Next, complete the necessary Colorado Small Claims Forms, which provide a clear roadmap for filing your claim. After filing, you’ll need to serve the defendant with the paperwork. Finally, prepare for the hearing where you’ll present your case before a judge.

  • How long do you have to file a lawsuit in Colorado?

    The time to file a lawsuit in Colorado also varies by type of claim. For most personal injuries, you have three years, while for written contracts, the limit is six years. Knowing these rules helps in planning your next steps after a dispute. Utilizing Colorado Small Claims Forms can simplify this process dramatically.

  • How long do you have to sue someone in Colorado?

    In Colorado, the time frame to sue someone varies depending on the type of case. Generally, you have two to six years to initiate a lawsuit, depending on the nature of the claim. It's essential to understand these deadlines as they directly affect your use of Colorado Small Claims Forms. Late filings can result in losing your right to seek compensation.

  • Can you sue 20 years later?

    In most cases, you cannot sue someone 20 years after an incident. Colorado has statutes of limitations that dictate how long you must file a lawsuit. For example, for most contract disputes, you typically have six years. Always check the specific timeline related to your case to ensure you are within the allowable period.

  • Is it worth taking someone to small claims court?

    Taking someone to small claims court can be worthwhile if you believe you have a solid case and seek compensation. Many people use Colorado Small Claims Forms because they provide a straightforward process for resolving disputes. However, consider your relationship with the person you are suing, as it may lead to further conflict. Weigh the potential costs and benefits before proceeding.