Instructions for Filing a Small Claims Case in Denver, Colorado
The city of Denver is located in Denver County. The local, Lindsey-Flanigan county courthouse handles all small claims cases. The court will only hear cases in which the damages being sought is under $7,500. Plaintiffs seeking more damages will need to file a claim with the district court; the claim will no longer be considered a small claims issue. You have the option of hiring an attorney to represent you in small claims court, but it is not necessary or typical.
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Instructions
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Go to the Denver county court, if it has jurisdiction over your case. Jurisdiction can be a tricky issue. For example, if you are suing a renter in your rental property, the Denver County court will hear the case if the property is located in that county or your ex-renter currently lives in that county. If you're suing a business in a county other than the one you live in, sue the business in the county in which it is located. The defendant must live, work or attend school in Denver County. The court clerk will redirect you if you're trying to establish the case in the wrong county.
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Complete a "Notice, Claim, and Summons to Appear for Trail" form at the court clerk's office. Enter both your name and the defendant's name into the appropriate spaces on the form. You must have an address for the defendant. If you don't have an address, you will not be able to serve the defendant with the notice. Indicate the reason for the lawsuit and the amount of damages being sought.
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Submit the completed form and pay the fee to file the claim at the court clerk's office. The fee varies per judgment amount. As of 2011, if you are seeking up to $500, the cost is $31, and the cost is $55 to seek damages between $500.01 and $7,500. The clerk will schedule your case, and you will receive a date and time to appear in court.
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Pay to serve the defendant. The defendant must receive notice within 15 days before the assigned trial date in order to be expected in court. You can't serve the defendant with notice yourself. You can pay the court to serve the defendant by certified mail, or pay a private process server or the local sheriff to serve the defendant at home or at work. The fee varies per service. The court will charge between $5 and $15 to serve the defendant, as of 2011.
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Submit proof of service to the court clerk. If the court served the defendant, it will already have this notice. If the sheriff or a process server served the defendant, a notice will be sent to you and you will need to submit it to the clerk.
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Appear in court prepared to argue your case. Submit any proof that supports your case to the judge. Proof may include receipts, contracts, police reports, pictures of damage or injury, video, witness statements or even witnesses. The judge will give each party an opportunity to explain and prove his case, and ask questions of each party to better understand the circumstances surrounding the case. Once the case has been heard, the judge will make a decision.
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Tips & Warnings
You can ask the court clerk if you can observe another small claims court trial. This can help you feel more comfortable and give you an insight on what to expect on your court date.
The civil division of the Denver County court is open from 8 a.m. to 4 p.m., Monday through Friday. For additional questions, call the court clerk at 720-337-0410.
