How do I file a small claims case in Colorado to get money someone owes me?
In Colorado, small claims court handles many money-debt disputes when the amount claimed (not counting interest and costs) does not exceed $7,500. The small claims division is part of each county court and has its own procedures that are simpler than regular civil court procedures.
Clerks at the county court are available to provide procedural help and forms, but they cannot give legal advice or represent parties. Trials are conducted informally and the judge is not bound by technical rules of procedure or evidence, and there is no jury in small claims court.
Current Colorado law
Every answer cites the statute
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What Colorado law says
The small claims court division exists in each county court under Colo. Rev. Stat. § 13-6-402. Its jurisdiction covers civil actions where the debt or value claimed does not exceed $7,500, with some specific types of actions listed and several exclusions explained, under Colo. Rev. Stat. § 13-6-403. The county court clerk acts as the small claims clerk and must provide forms and procedural assistance, though the clerk may not practice law, under Colo. Rev. Stat. § 13-6-404. The judge conducts trials to do justice between the parties and is not bound by formal procedural or technical evidence rules except as the supreme court provides, under Colo. Rev. Stat. § 13-6-409. A record of proceedings is kept and either party may appeal under county court rules, and there is no right to a jury, under Colo. Rev. Stat. § 13-6-410 and Colo. Rev. Stat. § 13-6-414.
What to do
A common first step is to identify whether the amount you want to recover is $7,500 or less, since small claims jurisdiction is limited to that amount.
A common next step is to obtain and fill out the county small claims form and the evidence checklist available from the county court clerk.
A common step is to file the completed claim form with the county court clerk and pay any required filing fee, if applicable.
A common step is to prepare and organize documents and witnesses that support the debt claim, using the evidence checklist as a guide.
A common step is to attend the scheduled hearing, where the judge will hear both sides informally and issue a decision; a record will be made and either party may appeal under county court rules.
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Common questions
How much can I claim in Colorado small claims court?
The small claims court handles civil claims for debt or damages up to $7,500, exclusive of interest and costs, as set out in the small claims jurisdiction statute.
Can the county court clerk help me fill out forms?
Yes, the county court clerk serves as the small claims clerk and must provide necessary forms and procedural assistance, but the clerk cannot engage in the practice of law.
Will my case follow the same evidence rules as regular civil court?
Trials in small claims are informal: the judge is not bound by technical rules of procedure or evidence except for rules the supreme court sets for small claims proceedings.
Can I get a jury trial or appeal a small claims decision?
There is no right to a jury trial in small claims court; however, either party may appeal the small claims decision under the county court appeal rules, and a recording of the trial can serve as the transcript for appeal.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
