What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in Colorado. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $7,500.
Where Suit May Be Brought: Case may be brought where the defendant resides, is employed, or does business.
Proper Manner of Service of Process upon Defendant: Service may be made by certified mail, return receipt requested, or by a disinterested adult or a sheriff.
How the Hearing Date Is Selected: The hearing date is set by the court, and will be at least 21 days after summons issued.
Attorney Representation Rule: Attorneys are not allowed unless attorney represents self or as full-time employee of partnership or corporation involved in the case. If attorney appears, other side may also have attorney.
Special Provisions Regarding Transfer or Jurisdiction of Cases: If defendant counterclaims for more than $5,000 or wants to use an attorney, the case shall be tried under regular civil procedure of Court.
Availability of Appeals: Either litigant may appeal for a review of law but not of the facts to District Court within 15 days.
Special Rules and Notes: No Injunctive relief is available except for the nullification of contracts. Jury trials are not available. No cases for libel or slander, forcible entry or detainer, eviction, recovery of personal property, specific performance, prejudgment attachment, injunctions or traffic cases. Right to sue may not be transferred. No discovery is allowed. Limit of two claims a month per plaintiff or 18 claims a year. Referee may be appointed.
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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