How to file a small claims case in Colorado, step by step

Ask for payment in writing

Colorado doesn't require a demand letter before you file, but asking for payment first is a good idea.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

Check the limit and your deadline

In Colorado you can sue for up to $7,500 in the Small Claims Court (County Court).

Run the 60-second case check to see the last day you can file.

Collect the details the form asks for

• Your full name, address and phone
• The defendant's exact legal name and a street address where they can be served
• The amount you're asking for (up to $7,500) and how you got that number
• Answers to the four questions on the form
• A short plain description of what happened
• The county where the defendant lives, works or does business

Find the defendant's exact legal name

Use the exact legal name and serve the registered agent; Rule 304 sets how each kind of business must be served.

Search: Colorado Secretary of State Business Database.

Gather your evidence

• The contract, lease, invoice or receipt
• Photos of the damage, dated if possible
• Texts, emails and letters with the other side
• Two written repair estimates or proof of what you paid
• Your demand letter and proof it was sent
• Names and contact details of any witnesses

Get the right form

JDF 250: Notice, Claim and Summons to Appear for Trial. Get the form.

Describe your claim clearly

• Who: you and the defendant, with full legal names and addresses
• What: the agreement or event, in 2–4 plain sentences
• When: the date it happened
• How much: the exact amount (no more than $7,500) and how you calculated it
• What you did: when you asked for payment and their response

Sign it the right way

Sign the claim yourself; it's a sworn statement but no notary is needed.

Make copies

JDF 250 comes in four parts: the court's copy, your copy, and a defendant's copy for each defendant. Don't attach your exhibits.

File your claim

Choose how you'll file:

File in the county where a defendant lives, works, has a business office, or is a college student. Security deposit and covenant cases can be filed where the property is.

Pay the filing fee

$31 for claims up to $500 and $55 for claims from $500.01 to $7,500. A defendant who responds pays $26 or $41, more with a counterclaim. Service by a sheriff or process server costs extra. Can't afford it? Ask for a fee waiver: Motion to File without Payment (JDF 205) with a blank Order (JDF 206).

Keep what the clerk gives you

You get your copy with the case number and trial date. Have each defendant served with their copy at least 15 days before trial.

Have the papers served

A sheriff, private process server, or any adult who isn't part of the case hands the papers to the defendant. Certified mail is possible only through the clerk and can delay things. File the Affidavit of Service by the trial date.

At least 15 days before the trial date.

File proof of service

Affidavit of Service (on the JDF 250)

The person who served the papers fills it in and signs it; file it on or before the trial date.

If service fails

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Watch for the defendant's response

The defendant can file a response or counterclaim with a fee, and must come to the trial. A counterclaim can't be ignored.

Settling before the hearing

If you settle, sign a Stipulation (JDF 75) and file it; if the debt is already paid, sign it before a clerk or notary.

Get any settlement in writing, signed by both sides, with the amount and payment date.

Line up your witnesses

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Use JDF 254 (Subpoena) and follow JDF 79 instructions to have it issued and served.

Prepare your file

• Three copies of every document: for you, the judge and the defendant
• A one-page timeline of what happened, with dates
• A short sheet showing how you calculated the amount
• Photos printed or ready on your phone (ask the clerk if screens are allowed)

On the day

• The court may order mediation before or on the trial day
• Arrive early and check in with the clerk
• Bring copies of your exhibits for the judge and the other side
• Bring your witnesses or a subpoena (JDF 254); written witness statements are usually accepted
• There's no jury; a magistrate or judge decides

Tell your story

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If someone doesn't show up

If the defendant doesn't come, the court may enter a default judgment. If you don't come, your case can be dismissed.

Know the appeal rules

Either side can appeal within 14 days of the final order. A District Court judge reviews the recording of the trial; there's no new trial. You file in small claims, post an appeal bond, and pay a District Court fee (about $163).

Collect your money

The court doesn't collect for you. You can ask the court to make the debtor answer questions about income and property (JDF 252), then use a writ of garnishment on wages or a bank account.

Close the case once you're paid

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.