Legal Advice For Small Claims Court – JDF 248 R7-13 INSTRUCTIONS FOR FILING A SMALL CLAIMS CASE Page 1 of 5 © 2012 Colorado Judicial Department for use in Colorado courts INSTRUCTIONS FOR FILING A SMALL CLAIMS CASE These standard instructions are for informational purposes only and do not constitute legal advice about your case. GENERAL INFORMATION Small claims court handles only certain cases under §13 -6-403, C.R.S. Some examples are requests to recover money or property, enforce or terminate a contract, or enforce restrictive covenants. If the claim amount exceeds $7,500.00, the balance above $7,500.00 may be waived. Splitting requests into two separate cases is not permitted. You may not file more than two claims in any small claims court in any county during any one month nor more than 18 claims in any county during any calendar year. The limitation period varies depending on the type of request. The legal interest rate is 8% compounded annually. All actions in small claims court must be brought in the county in which at the time the claim is filed one of the defendants resides, or is regularly employed, or has a business transaction office, or is a student at a higher education institution. In an action to enforce restrictive covenants or arising out of a security deposit dispute, the action may be brought in the county in which the subject property is located. In some small claims courts, assistance with mediation/dispute resolution may be needed. All cases are heard before a magistrate or judge. Jury trials are not permitted. If you are the defendant, do not ignore the notice, application and summons to appear in court. A judgment may be entered against you and the other party may begin collection proceedings. If you are the plaintiff, don’t ignore an answer or counterclaim. A judgment may be entered against you and the other party may begin collection proceedings. The Court cannot collect your judgment for you. For more information, see the Colorado Rules of Procedure for Small Claims (Rules 501 – 521). If you have a disability and need a reasonable accommodation to access the courts, contact your local AD A coordinator. Contact information can be obtained from the following website: http://www.courts.state.co.us/Administration/HR/ADA/Coordinator_List.cfm COMMON TERMS Plaintiff: The person or companies or other entity that has filed the complaint. Defendant: The person(s), company or other entity against whom the case is brought. Complaint: the notice, complaint and summons form indicating the amount requested and the reason for the complaint. Summons: The section of the Notice, Application, and Summons form that informs the defendant when and where to appear. Response: The section of the Notice, Demand, and Subpoena form where the defendant can state why the claim is untrue or inaccurate as to the amount. Counterclaim: The part of the answer that explains why the plaintiff owes the defendant money or property. Service of process: The official means by which the notice, demand and summons to appear in court are delivered to the defendant to notify him of the commencement of a suit. Default Order: If the defendant fails to appear at the time of trial in court, the Court may issue a “default” order which may entitle the plaintiff to all or some of the remedies identified in the Notice, Complaint and Summons Trial. JDF 248 R7-13 INSTRUCTIONS FOR FILING A SMALL CLAIMS CASE Page 2 of 5 © 2012 Colorado Judicial Department for use in Colorado courts Trial Date: The date on which the plaintiff and defendant are due appear in court, listed in the notice, complaint and summons to appear in court. Mediation: a confidential and informal process in which a neutral, trained third party helps people in conflict to negotiate a mutually acceptable agreement. May: In legal terms, “may” is defined as “optional” or “may”. Must: In legal terms, “shall” is defined as “require d.” FEES Filing fees vary based on the application amount. If you are unable to pay, you must complete the Motion to File Without Payment and Financial Support Affidavit (JDF 205) and file it with the Court. Once you submit the completed JDF 205 form and a blank order (JDF 206), the Court will decide whether you need to pay the filing fee. Claim up to $500.00: $31.00 Claim $500.0 1 to $7,500.00: $55.00 The response fees paid by the defendant are as follows: Response without countersuit: Claim up to $500.00: $26.00 Claim $500.0 1 to $7,500.00: $41.00 Counterclaim Response: If plaintiff’s claim is $500.00 or less $31 .00 and the counterclaim is $500.00 or less: If the plaintiff’s claim is more than $50.00 or $46.00 the counterclaim is more than $500.00 and does not exceed $7,500.00: Other charges a litigant may incur are as follows: Copies of documents (documents on file) $0.75 per page or $1.50 if double-sided Copies of documents (documents not on file) $0, 25 per page or $0.50 if double-sided Service fees vary (payable to trialist) Certification Fee $20.00 Writ of Garnishment $45.00 Judgment Transcript $25.00 Satisfaction Judgment Fee $20.00 FORMS To access the online forms, go to www.courts.state.co.us and click on the “Forms” tab. Forms are available in PDF or WORD format by selecting “Small Claims”. To access an online form, click PDF or WORD next to the form title. You can fill out the forms online and print them or print them and type them or print them legibly in black ink. JDF 250 is the initial form needed to file a small claims lawsuit. JDF 250 Notice, Complaint, and Subpoena Additional forms you may need: JDF 75 Stipulation JDF 254 Subpoena or Subpoena to Produce JDF 248 R7-13 INSTRUCTIONS FOR FILING A SMALL CLAIMS CASE Page 3 of 5 © 2012 Colorado Judicial Department for use in Colorado Courts STEPS TO FILE YOUR CASE Step 1: Complete the Notice, Request and Subpoena to Appear (JDF 250). Identify the names and addresses of the Plaintiffs and Defendants in the caption, see page 3. Also, if the Defendant(s) is/are a business or entity, go online to www.sos.state.co .us (select the company section) to determine who is the registered agent to complete notification to the Defendant(s). Note: It is important to identify how the defendant’s business is organized. For example, if the business is a sole proprietorship, a corporation, etc. Rule 304 of the Colorado County Court Rules of Civil Procedure, identifies how service should be completed based on the type of business and this information will assist the individual who knows the rules of service when serving JDF 250. If the defendant is a government entity, you may be required to submit written notification to the Attorney General or other government representative, prior to submitting your case to the Court, pursuant to §24 – 10 – 109, C.R.S. Answer all four questions with a yes or no. The Court will complete the box with your scheduled court date once the documents are filed. In the Complainant(s) Complaint(s) section, write a brief description of your complaint. Include what you request, the amount you request, and a summary of the reasons supporting your request. If you are completing JDF 250 using the WORD or PDF version, be sure to complete all 4 parts of the form. Do not attach documents or documents to this form. Small Claims Court (Print/type county name here) County, Colorado Court Address: PLAINTIFF(S): (Print/type your name and information below.) Address: ____________________________________________________ City/State/ZIP: ________________________________________________ Phone : Home _______________________ Work ___________________________ _____ see DEFENDANT(S): (Print/type Defendant’s name and information below. ) Address: ____________________________________________________ City/State/ZIP: ________________________________________________ Phone: Home ______________________ Work ___________ __________ FOR COURT USE ONLY Case Number: Division Courtroom NAME OF THE FORM Step 2: File your form with the Court. Provide the form to the Court. If you are filling out the form using the WORD or PDF version, bring all four parts (7 pages) with you to Court. If you have the NCR form, bring the four-part form with you. Pay the filing fee of $31.00 or $55.00 as applicable The Court
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