How to File a Small Claims Case in a Colorado Court
If someone owes you $7,500 or less and you want to represent yourself, you can pursue your case through the small claims courts in Colorado.
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Instructions
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Determine how much money is owed to you. Colorado small claims courts can only handle lawsuits in the amount of $7,500.00 or less. If it's more, you have to go to the civil division of the county court and possibly hire an attorney to help you.
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Fill out the basic forms to start a lawsuit. In Colorado, you can fill these out electronically or you can obtain these forms at your local courthouse (request a complaint for small claims court).
On the form, where it asks for a description of the plaintiff's claim, simply state the basic facts that support your claim for money from the defendant. Don't overstate the situation or provide too much detail -- if you do, you're setting yourself up for the defendant to point out discrepancies, errors or inconsistencies in your argument. The simpler the better.
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File the completed forms in the county courthouse where the defendant (the person you're suing) works or lives. Be prepared to pay a filing fee. At this time, the court clerk will give you a copy of the lawsuit papers as well as a trial date.
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Serve the lawsuit papers to the defendant. These papers need to be served on the defendant in person at least 15 days prior to the trial date. You have two effective legal options for the serving process:
A) In the county where the defendant lives, you can ask the sheriff's office to serve the papers (ask the court clerk for directions to the civil/process service unit of the county sheriff), or
B) Hire a private investigator or process server to serve the papers. Ask the court clerk if he/she has a list of private process servers.
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Tips & Warnings
Before your trial date, figure out which witnesses are presenting your evidence. For example, you might testify about what happened in a car accident, but the auto body repairman would testify about how much it cost to repair your car. Make sure that you arrange for your witnesses' appearances. To ensure their appearance, or if a witness is reluctant to appear, you'll need to have a subpoena served to that witness by a deputy sheriff or qualified process server -- ask the court clerk to issue you subpoenas for your intended witnesses.
On the trial date, be prepared to stand in front of the court and be thorough, but not overly detailed, in your testimony. When you cross-examine your defendant, do not get combative or try to play big-time trial lawyer. Be prepared; ask short, simple questions; and remain respectful of the court.
