Colorado Small Claims Court: How to File and Win (2026)
Colorado small claims court handles disputes up to $7,500, not counting interest or costs. You file form JDF 250 at the county court. File where the defendant lives or works. The filing fee is $31 for claims up to $500 and $55 for claims up to $7,500. The defendant must be served at least 15 days before trial. Lawyers are mostly banned from the courtroom. It is a fair fight between regular people.
That last part is rare. Only a handful of states shut lawyers out of small claims. Colorado is one of them. But the state has quirks that can sink your case. There is a cap on how many claims you can file. There is a counterclaim trap. And its wage garnishment rules are some of the weakest in the country. This guide covers all of it, with the statutes to back it up.
Colorado small claims court: quick facts
| Question | Answer |
|---|---|
| Maximum claim | $7,500, excluding interest and costs (C.R.S. 13-6-403) |
| Filing fee | $31 (claims up to $500) or $55 (up to $7,500) |
| Main form | JDF 250, Notice, Claim and Summons |
| Service deadline | At least 15 days before the trial date |
| Lawyers allowed? | Mostly no (C.R.S. 13-6-407) |
| Jury trials | Never (C.R.S. 13-6-414) |
The $7,500 limit has not moved since 2001. That is 25 years without an increase. Colorado's cap is one of the oldest in the country. If your claim is bigger, you have two choices. Trim it to $7,500 and keep the simple process. Or file in the county court civil division. It handles claims up to $25,000, but it runs on formal rules and lawyers show up.
Want to see how Colorado compares? Check our small claims limits for all 50 states.
What Colorado small claims court can hear
The court takes most money disputes. That means unpaid debts, broken contracts, property damage, security deposits, and bad repair jobs. It can also do a few things most people do not expect.
You can get property back. The court handles replevin. That means it can order someone to return your stuff, if it is worth $7,500 or less. You can also ask the court to enforce a contract or cancel one.
And since August 2022, you can take your HOA to small claims court. A law change gave the court power over HOA disputes. That covers fines, fees, and covenant enforcement up to $7,500. Before that, fighting your HOA usually meant district court and a lawyer. Now it costs $55 and a form. Almost nobody knows this yet.
Some cases are off the table. The court cannot hear defamation claims, evictions, or class actions (C.R.S. 13-6-403(2)). Traffic matters and criminal cases are out too.
The no-lawyer rule
Here is the thing that makes Colorado different. Attorneys cannot appear in small claims court. C.R.S. 13-6-407 says you represent yourself. A business sends a full-time officer or employee, not outside counsel.
There are narrow exceptions. A lawyer who is suing or being sued personally can appear. So can a lawyer who happens to be a full-time employee of a company that is a party. Security deposit cases have one more. A property manager who handled the deposit or signed the lease can stand in for the landlord.
One more rule protects you. If an attorney does appear under one of those exceptions, the other side gets the right to bring a lawyer too (C.R.S. 13-6-407(4)). Nobody gets to ambush you with counsel while you stand there alone.
Check your deadline before you file
Colorado's time limits trip people up. They do not follow the pattern most states use. It is not about written versus oral contracts. It is about whether the amount owed is fixed.
| Claim type | Deadline | Statute |
|---|---|---|
| Fixed debts (loans, unpaid invoices, rent) | 6 years | C.R.S. 13-80-103.5 |
| Other contract disputes | 3 years | C.R.S. 13-80-101 |
| Car accident damage (vehicle or injury) | 3 years | C.R.S. 13-80-101(1)(n) |
| Other property damage and most torts | 2 years | C.R.S. 13-80-102 |
The six-year rule covers any "liquidated debt" or amount that can be calculated. A friend who owes you exactly $2,000? Six years. Unpaid rent? Six years. A contractor dispute where the damages need to be figured out? That is usually three years.
Watch the car accident quirk. Property damage normally gets two years. But if a car caused the damage, you get three. Same fence, different clock, depending on what hit it.
What it costs to file
Colorado sets fees statewide, so Denver costs the same as Durango. Here is the full table, including what defendants pay. Most guides skip that half.
| Who is filing | Claim size | Fee |
|---|---|---|
| Plaintiff | Up to $500 | $31 |
| Plaintiff | $500.01 to $7,500 | $55 |
| Defendant, no counterclaim | Up to $500 | $26 |
| Defendant, no counterclaim | $500.01 to $7,500 | $41 |
| Party with counterclaim | Up to $500 | $31 |
| Party with counterclaim | Over $500 | $46 |
Service costs extra. The sheriff or a private process server sets their own price, usually $30 to $75. Copies at the courthouse run 25 cents a page.
Cannot afford the fee? File JDF 205, a motion to waive fees. If you get certain public benefits, JDF 209 can qualify you automatically. And if you win, ask the court to make the defendant pay your filing and service costs. Courts routinely add them to the judgment.
For the bigger picture on costs, see our guide to how much it costs to sue someone.
How to file small claims in Colorado: 8 steps
Step 1: Pick the right county
File where the defendant lives, works, or has a business office. Suing a student? File where they attend school. For security deposit or covenant disputes, you can also file where the property sits. Filing in your own county because it is closer gets cases bounced.
Step 2: Try a demand letter first
A formal letter with a deadline settles a lot of disputes. Nobody pays a filing fee. It also becomes evidence that you tried to resolve things. Our data shows 70% of disputes settle after a demand letter without court. Here is how to write one.
One case where the letter is required by law: security deposits. More on that below.
Step 3: Fill out JDF 250
JDF 250 is the Notice, Claim and Summons. Four parts, seven pages. Download it at coloradojudicial.gov. You need your info and the defendant's exact legal name and address. You also state what happened and the exact amount you want. Do not attach your evidence to the form. That comes out at trial.
Suing a business? Look up its registered agent at coloradosos.gov and name the business correctly. Get the name wrong and your judgment can be worthless. Our guide on how to sue a corporation walks through it.
Step 4: File at the clerk's counter
Take all four parts of JDF 250 to the county courthouse and pay the fee. The clerk stamps the forms. They assign a case number and write in your trial date. Colorado also has an e-filing system for people without lawyers. It covers certain case types and adds an $18 fee per filing. Ask your clerk if small claims e-filing is available in your county. In-person filing works everywhere.
Step 5: Serve the defendant
Service must happen at least 15 calendar days before trial. You cannot do it yourself. Use the sheriff or a private process server. Then file the Return of Service with the court.
The clerk can send certified mail instead, but the court's own guide calls that method "not the preferred" option and warns it causes delays. If the mail fails, you are back to personal service with less time on the clock. Suing a government agency? You may need to send written notice to the attorney general before you even file (C.R.S. 24-10-109). Full details in our guide to serving court papers.
Step 6: Mediation, if ordered
Many Colorado courts order small claims cases to mediation before trial. A neutral mediator tries to get both sides to a deal. If you settle, you file a stipulation (JDF 75) and you are done. If not, you go to trial. At least you got a preview of the other side's arguments. Walk in with a number you would accept. Cash today often beats a judgment you have to chase.
Step 7: Show up and present your case
Trials are informal. The judge or magistrate is not bound by technical rules of evidence (C.R.S. 13-6-409). You go first. Keep it tight: what happened, when, what you lost, why they owe you. Bring three copies of everything and label your exhibits. Will a witness not come on their own? Ask the court for a subpoena (JDF 254).
One detail almost nobody knows: a magistrate hears most Colorado small claims cases, not a judge. Want a judge instead? File a timely written objection and the case gets reassigned (C.R.S. 13-6-405(4)). There are no jury trials either way. Here is how to prepare for your hearing.
Step 8: Get your judgment
The court usually rules the same day or mails a decision shortly after. If the defendant was served and did not show, you can get a default judgment. You still present basic proof of what you are owed.
The filing cap most people never hit
Colorado limits how often you can use small claims court. The cap is two claims per month and eighteen per year, per county (C.R.S. 13-6-411). Every claim you file includes a sworn certification that you are under the cap.
For a normal person, this never matters. It exists to stop debt collectors from turning small claims into an assembly line. But if you have several disputes brewing, plan ahead. Do not hit the wall in one county.
The counterclaim trap, and the penalty for abusing it
If the defendant files a counterclaim over $7,500, the whole case gets removed to county or district court (C.R.S. 13-6-408). Formal rules. Lawyers allowed. Months of delay. Some defendants file an inflated counterclaim for exactly that reason. They want to drag you out of the simple court.
Colorado thought of that. Say the higher court rules for you. If it finds the counterclaim was meritless and filed just to defeat small claims jurisdiction, it can order the defendant to pay your costs. That includes reasonable attorney fees. That sanction is written into the statute. It gives you real leverage if someone tries the move on you. If you are on the receiving end of a claim, read what to do if someone sues you.
After you win: interest and collection
Winning gets you a judgment, not a check. The court will not collect for you. But Colorado hands you a decent toolkit. Two details work in your favor before collection even starts.
First, judgments earn 8% interest, compounded annually (C.R.S. 5-12-102). A $5,000 judgment grows by $400 the first year and $432 the next.
Second, Colorado lets you claim interest from the date your money was wrongfully withheld. Not just from the judgment date. Did a client stiff you two years ago? Ask for those two years of 8% in your claim. Most people leave that money on the table. One exception as of 2023: interest on medical debt is capped at 3%.
| Tool | How it works | Cost |
|---|---|---|
| Interrogatories (JDF 105/108) | Debtor must reveal job, bank, and assets in writing within 14 days, under oath | Free to issue; $70 hearing if they ignore it |
| Wage garnishment (Form 26) | Employer withholds part of each paycheck for 182 days per writ | $45 |
| Bank garnishment (Form 29) | Freezes and takes non-exempt funds from their account | $45 |
| Property lien | Record a $25 transcript of judgment with the county clerk; debtor cannot cleanly sell or refinance real estate until you are paid | $25 |
Start with interrogatories. The court orders the debtor to answer truthfully. The answers tell you where the money is. Ignoring them risks contempt.
Know the clock: a county court judgment is good for six years. Revive it before it expires (JDF 125) and it runs again. A lien from a recorded transcript also lasts six years per recording. Set a reminder at year five. Full playbook here: collecting your small claims judgment.
The garnishment reality nobody tells you
Most guides, including older versions of this one, say Colorado garnishment takes 25% of wages. That has been wrong since October 2020. The state cut it to 20% and added a bigger shield.
Under C.R.S. 13-54-104, a garnishment takes the lesser of two numbers. One is 20% of the debtor's weekly disposable earnings. The other is everything above 40 times the minimum wage. Colorado's 2026 minimum wage is $15.16. So the first $606.40 of weekly take-home pay is completely untouchable. That floor rises to $628.40 in January 2027.
Run the math on a debtor who takes home $700 a week. Twenty percent is $140. The amount above the floor is $93.60. You get the smaller number: $93.60 a week. A $7,500 judgment takes about 80 weeks at that pace. The debtor can even file a hardship objection to shrink it further.
The lesson is not that winning is pointless. It is that settling before court is worth more in Colorado than in most states. A serious demand letter with a real deadline is how you get there. If wages will not work, go after the bank account or real estate instead. Those usually move faster.
Security deposits: Colorado's treble damage law
Deposit cases dominate Colorado small claims dockets. The law leans hard toward tenants (C.R.S. 38-12-103).
Your landlord has one month after the lease ends to return the deposit. A lease can stretch that, but 60 days is the absolute max. Any deduction needs a written, itemized statement. Normal wear and tear cannot be charged at all.
Miss the deadline or skip the statement? The landlord forfeits the right to keep a single dollar. Willfully withhold the deposit, and the penalty is steep. Three times the amount wrongfully held, plus your attorney fees and court costs. In court, the landlord must prove the deductions were legit. Not the other way around.
One catch. Before you sue for treble damages, you must give the landlord written notice at least seven days before filing. That letter is mandatory, and it often shakes the money loose by itself. Two more protections worth knowing. Since August 2023, landlords cannot collect a deposit bigger than two months' rent. And no lease clause can waive any of these rights. Step-by-step here: how to get your security deposit back.
If you lose: 14 days to appeal
Either side can appeal to district court, but move fast. You must file the notice of appeal and an appeal bond in the county court within 14 days of judgment (C.R.C.P. 411, form JDF 126).
Do not expect a fresh start. The district judge reviews the record from your trial. Just the paperwork and the recording. No new evidence, no new witnesses, no new trial. The small claims recording itself satisfies the transcript requirement for a small fee. Appeals rarely flip a case. Your first hearing is the one that counts, so prepare like it.
Six mistakes that sink Colorado small claims cases
- Serving the defendant yourself. Colorado bans it. Use the sheriff, a process server, or another adult who is not part of the case.
- Missing the 15-day service window. Count backward from the trial date. Late service means rescheduling or dismissal.
- Suing the wrong business name. Pull the exact entity name and registered agent from coloradosos.gov before you file.
- Skipping the 7-day deposit letter. No notice, no treble damages. Send it in writing and keep proof.
- Forgetting prejudgment interest. Ask for 8% from the date you were wronged. It is yours under the statute, but only if you claim it.
- Treating mediation as a formality. Walk in with your evidence and a settlement number. Many cases end there, and payment now beats chasing a garnishment later.
FAQ: Colorado small claims court
What is the small claims limit in Colorado?
$7,500, not counting interest and court costs (C.R.S. 13-6-403). The limit has been the same since 2001. Claims up to $25,000 can go to the county court civil division instead. That division uses formal rules.
How much does it cost to file small claims in Colorado?
$31 for claims up to $500 and $55 for claims from $500.01 to $7,500. Fees are the same in every county. Service by sheriff or process server adds roughly $30 to $75. Fee waivers are available through form JDF 205.
Do I need a lawyer for small claims court in Colorado?
No, and in most cases you cannot bring one. C.R.S. 13-6-407 bars attorneys from small claims except in narrow cases. One example is a lawyer representing themselves. If the other side qualifies for an exception and brings counsel, you get the right to bring one too.
Can my wages be garnished for a small claims judgment in Colorado?
Yes, but Colorado's limits are strict. A creditor takes the lesser of two amounts. One is 20% of weekly disposable earnings. The other is the amount above 40 times the minimum wage. In 2026 that protects the first $606.40 of weekly take-home pay completely.
Can I sue my HOA in Colorado small claims court?
Yes. Since August 2022, small claims court can hear HOA disputes up to $7,500. That covers assessments, fines, fees, and covenant enforcement. Before that change, these fights usually required district court.
What happens if the defendant does not show up?
If service was proper, the court can enter a default judgment for you. You still present basic evidence of what you are owed. Collection tools like garnishment open up right away.
How long is a Colorado small claims judgment good for?
Six years. That is the rule for county court judgments, and small claims is part of county court. You can revive the judgment before it expires and get another six years. Liens from recorded transcripts also last six years per recording.
Is mediation required in Colorado small claims court?
Often. The court can order mediation before trial. The clerk may schedule it when you file. If you settle, you file a stipulation and skip trial. If not, you proceed to the hearing having lost nothing.
Can I appeal a Colorado small claims decision?
Yes. File a notice of appeal and an appeal bond in the county court. The deadline is 14 days from judgment. The district court reviews the existing record only. No new evidence or witnesses are allowed.
Don't let it slide
Colorado built a court where you do not need a lawyer. The other side cannot bring one either. Fees top out at $55 and the process fits on one form. Landlords who play games with deposits face treble damages. The system works if you use it.
But court still takes months. And Colorado's garnishment rules make collecting slow. Most disputes end faster. A formal demand letter with a deadline, backed by real pressure, settles 70% of cases. No courtroom needed. PettyLawsuit sends yours instantly, with certified mail tracking, follow-up calls, and a Final Notice if they stall. We have helped 5,000+ people get paid. If court becomes necessary, you will walk in with a paper trail that does half the work.