Small claims in Colorado.
Colorado's small claims court offers a $7,500 cap with streamlined procedures for quick resolutions.
- Most you can sue for$7,500Same cap for individuals and businesses
- Filing fee$31-$55Tiered by claim amount
- CourtCounty Court (Small Claims Division)
- Lawyers at trialLimitedGenerally not allowed unless the defendant hires one
- Appeal window14 daysMust file within 14 days of judgment
- Recent change—No major changes in the last 3 years
Find your situation.
Colorado small claims handles money disputes up to $7,500 (or $7,500 if you're a business). Browse 7 categories and 39 specific claim types below.
Colorado allows you to file claims for breaches of contract and money owed up to $7,500. The statute of limitations varies by claim type.
Wrong court for these10 situations small claims can’t handle
Eviction (unlawful detainer)
Small claims court does not handle eviction cases; these must be filed in county court.
Try instead: County Court eviction process
Defamation (libel or slander)
Claims involving defamation are excluded from small claims court jurisdiction.
Try instead: District Court
Injunctions or specific performance
Small claims court cannot issue orders requiring someone to do or stop doing something.
Try instead: District Court
Family law matters
Divorce, custody, and related family law issues are not handled in small claims court.
Try instead: Family Court
Probate matters
Issues related to wills and estates are outside the jurisdiction of small claims court.
Try instead: Probate Court
Claims against the federal government
Small claims court cannot hear cases against federal entities.
Try instead: Federal Court
Class actions
Class action lawsuits are not permitted in small claims court.
Try instead: District Court
Malpractice claims
Professional malpractice cases exceed the jurisdiction of small claims court.
Try instead: District Court
Workers' compensation claims
These claims are handled by the Division of Workers' Compensation, not small claims court.
Try instead: Division of Workers' Compensation
Bankruptcy matters
Bankruptcy cases are under federal jurisdiction and not handled in small claims court.
Try instead: Federal Bankruptcy Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the clock when the fraud is discovered.
File your case
File at the Small Claims Division of the County Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fees and reasonable service costs are typically added to the judgment.
E-filing in Colorado: E-filing availability depends on the county; check with the local court clerk.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 15 days before the hearing (in the same county) or 15 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff or constable personally hands the papers to the defendant.
- Certified mail by clerk. Court clerk sends documents via certified mail to the defendant.
- Private process server. A licensed individual delivers the documents to the defendant.
File the proof of service (JDF 98) at least 5 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, you may request permission for alternative service methods from the court.
If the defendant is evading service, document attempts and seek court approval for alternative methods.
Show up to the hearing
Bench trial with both parties presenting evidence and testimony; typically lasts 30-60 minutes.
Lawyers at trial: Allowed. Attorneys are generally not allowed unless the defendant hires one; then the plaintiff may also hire one.
When you’ll get the decision: On the spot or mailed within 7 days.
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant fails to appear, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant defaults, the plaintiff must provide evidence to support the claim.
If you’re the defendant being sued
Defendants are not required to file a written answer but must appear at the trial.
Counter-suing the plaintiff: Allowed using JDF 254 (Counterclaim). Serve the plaintiff at least 7 days before trial (same county) or 7 days (out of county).
Counterclaim bigger than the cap? If the counterclaim exceeds $7,500, the case may be transferred to county or district court. Colo. Rev. Stat. § 13-6-405
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 0 days to pay. Judgments accrue 8% interest per year while unpaid.
Wage garnishment
Have a portion of debtor's wages withheld until the judgment is paid.
How it works
File a writ of garnishment with the court, serve the employer, and the employer withholds a portion of the debtor's wages to satisfy the judgment.
Cost: $30-50 plus sheriff fees
Notes: Most effective when debtor is W-2 employed at a stable job.
What’s protected:
- 75% of disposable earnings (federal CCPA floor)
Bank levy
Seize funds from debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of garnishment, serve the bank, and the bank freezes and turns over funds from the debtor's account.
Cost: $30-50 plus sheriff fees
Notes: Effective if debtor maintains sufficient funds in bank accounts.
What’s protected:
- $2,500 exemption for personal bank accounts
Property lien
Place a lien on debtor's real property to secure the judgment.
How it works
File a transcript of judgment with the county recorder to place a lien on the debtor's real property.
Cost: $20-30 recording fee
Notes: Effective if debtor owns real property; lien must be satisfied upon sale or refinancing.
What’s protected:
- Homestead exemption up to $75,000
Writ of execution
Seize and sell debtor's non-exempt personal property to satisfy the judgment.
How it works
Obtain a writ of execution from the court, have the sheriff seize non-exempt property, and sell it at public auction.
Cost: $50-100 plus sheriff fees
Notes: Effective if debtor owns valuable non-exempt personal property.
What’s protected:
- Household goods up to $3,000
- Vehicle up to $7,500
Multiple creditors? Priority rules.
Priority among multiple judgment creditors is generally determined by the order of filing or recording liens.
Can you appeal if you lose?
either
- Deadline: 14 days from the judgment notice.
- Filing fee: $70.
- Form: JDF 256 — Notice of Appeal.
- Type: Trial de novo — the case is heard fresh in the higher court.
The appeal is a new trial in county court.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
Denver
- E-filing availability: Denver County offers e-filing for small claims cases through the Colorado Courts E-Filing system.
El Paso
- Mandatory mediation: El Paso County requires mediation for small claims disputes before proceeding to trial.
Why cases get dismissed.
Exceeding the claim limit
What goes wrong: If your claim exceeds $7,500, you must waive the excess to proceed in small claims court; otherwise, the case may be dismissed or transferred.
How to avoid it: Ensure your claim, excluding interest and costs, does not exceed $7,500 or be prepared to waive the excess amount.
Improper service of process
What goes wrong: Failure to properly serve the defendant can result in delays or dismissal of your case.
How to avoid it: Follow the court's rules for service carefully, using approved methods and completing service within required timeframes.
Missing the statute of limitations
What goes wrong: Filing after the statute of limitations has expired will lead to dismissal of your case.
How to avoid it: Verify the applicable statute of limitations for your claim type and file within the allowed period.
Failing to appear at trial
What goes wrong: If you do not appear at the scheduled trial, the court may dismiss your case or enter a default judgment against you.
How to avoid it: Mark your calendar and ensure you attend the trial; if you cannot, notify the court in advance to request a reschedule.
Not collecting the judgment
What goes wrong: Winning a judgment does not guarantee payment; you are responsible for collection efforts.
How to avoid it: Familiarize yourself with collection methods and be prepared to take necessary steps to enforce the judgment.
Ignoring counterclaims
What goes wrong: If the defendant files a counterclaim and you are unprepared, you could lose your case or owe money.
How to avoid it: Review any counterclaims carefully and prepare your defense; consider seeking legal advice if needed.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.