Small Claims Court in Adams County

In Adams County, CO small claims cases are filed in the Justice Court. Adams County has one Justice Court that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Adams Court System.

Small Claims Court

In Adams County, Colorado, Small Claims cases are designed for settling disputes where you’re trying to recover up to $7,500, whether that’s money or property. You can also use this process to enforce or cancel a contract or address any restrictive covenants. Here are some important points to keep in mind:

• You can file a maximum of 2 Small Claims cases each month, and no more than 18 in a year for each county.
• The legal interest rate stands at 8% per year, compounded annually.
• Make sure to file your case in the county where the defendant lives or works, or where the disputed property is located.
• Remember, Small Claims cases do not involve jury trials.
• If you win, it’s your responsibility to collect the judgment; the court won’t do that for you.
• This process follows the guidelines set out in Colorado Revised Statute (§) 13-6-403 and the Colorado Rules of Procedure for Small Claims (Rules 501 – 521).

Cases Handled

The Small Claims Division deals with cases where individuals, partnerships, corporations, or sole proprietors sue each other for financial compensation. Common reasons for these disputes include:

• Tenant and landlord issues
• Personal injury claims
• Stolen property
• Damage to property
• Debt collection
• Auto repair disputes
• Construction problems
• Defective products
• Breaches of contracts or verbal agreements

Start a Case

If you think your case qualifies as a small claim, the next step is to figure out which county court will handle it. Choosing the right court is essential for filling out the required forms and knowing where to submit them.

You should file your case in the county where at least one of these conditions applies:

• The defendant (the person you’re suing) lives there
• The defendant is regularly employed there
• The defendant has a business office there

If the defendant is a student, you should file in the county where they attend school. For disputes related to restrictive covenants or security deposits, you can file in the county where the property in question is located.

Filing a Case

To start your lawsuit as the plaintiff, follow these steps:

a) Complete the Starting Paperwork:

• Fill out the JDF 250 form—Notice, Claims, and Summons. Important: Do not attach any exhibits to this form. b) File the Form:
• Bring the completed form to the courthouse to file it. c) Pay the Filing Fee:
• Check the Fees Section for information on the costs involved. d) Trial Date:
• The clerk will schedule the trial date and fill it in on your form when you file.

To file your case, follow these steps:

1. Submit Your Forms:

• Take all four parts of Form JDF 250 (7 pages) to the clerk’s counter at your chosen county courthouse.

2. Pay the Filing Fee:

• The fee varies based on your claim amount:
  • $31 for claims between $1.00 and $500.00
  • $55 for claims between $501.00 and $7,500.00

If you can’t afford the fee, complete Form JDF 205 (Motion to File Without Payment) and Form JDF 206 (Finding and Order Concerning Payment of Fees) to request a fee waiver. Check the File Without Payment page for more details.

3. Clerk’s Actions:

• The clerk will fill in the trial date on your form. You might also be informed about mandatory mediation before the trial. Both mediation and trial will be scheduled as soon as possible, but keep in mind that this process may take several months.

Notify the Defendant

To notify the defendant of your Small Claims case, you must do so at least 15 days before the trial. You have two main options:

1. Formal Notification | Personal Service:

• Process Server: Hire a process server or contact the Sheriff’s office in the county where the defendant lives or works. The server will deliver the forms and complete the Return of Service section, which you’ll then file with the court.

2. Clerk’s Certified Mail:

• Note that this method is less preferred and may cause delays. Ask the clerk to send the forms via certified mail, and be prepared to pay for it when filing. If this fails, you’ll need to use personal service instead.

Serving a Business or Government Agency:

• For a Business: Visit www.sos.state.co.us to find the registered agent and serve the paperwork to them. Make sure to follow Rule 304 of the Colorado Rules of County Court Civil Procedure for proper service based on how the business is organized.
• For a Government Agency: You may need to file a written notice with the Attorney General or another representative before filing your case, as required by C.R.S. § 24-10-109.

Fees

• Filing Fee:
  • Claims $500 or less: $31
  • Claims over $500: $55
• Additional Fees:
  • Complaint Response: $26 (for $500 or less) or $41 (for over $500)
  • Response & Counterclaim: $31 (for $500 or less) or $46 (for over $500)
• Copy Fee:
  • $0.25 per page

Mediation

What is Mediation?

Mediation is a process where a neutral third party helps both sides of a dispute reach a mutually acceptable agreement in a confidential setting. The court may require mediation, or you can choose it to resolve your case without going to trial.

You can access mediation services through the Colorado Office of Dispute Resolution (call 720-625-5940 or 800-888-0001, extension 55940) or find private mediators listed online or in the Yellow Pages. Some areas also offer no- or low-cost community mediation services.

Preparing for Mediation:

1. Gather Documents:
   • Collect and organize all relevant legal, financial, and other documents related to your case.
2. Prepare Notes:
   • Make notes or an outline of the events leading to the dispute to help recall details during mediation.
3. Bring Everything:
   • Bring all your documents and notes to the mediation session, and arrive on time.
4. Be Constructive:
   • Be ready to discuss your case openly and constructively with the mediator and the other party.

After Mediation:

• If an Agreement is Reached:
  • Prepare a stipulation using Form JDF 75 and file it at the clerk’s counter in the courthouse.
• If No Agreement is Reached:
  • Your case will likely proceed to trial before a judge.

Before the Trial

Observe a Trial

• Trials are generally open to the public, so you can ask the courthouse clerks for directions to a courtroom if you want to observe a case. Watching a trial can help you feel more comfortable and better prepare for your own.

Prepare Your Evidence

• Types of Evidence: Collect documents, photographs, letters, printed emails, charts, receipts, and other relevant materials.
• Organize and Label: Number your exhibits starting from 1, and make copies for the defendant(s) and the judge. If you need courthouse staff to make copies, be aware that there will be a fee.

Arrange Witnesses

• Voluntary Witnesses: Ask witnesses to testify voluntarily.
• Subpoena: If a witness refuses to come, you can request a subpoena using Form JDF 254 to compel their attendance in court.

Prepare Your Presentation

• Organize Key Issues: Create notes or an outline of the main points you want to address during the trial.
• Testify Yourself: Be ready to testify if you think it will strengthen your case.

On the Day of Your Trial

• Be Punctual: Arrive on time.
• Manage Your Phone: Turn off your cell phone before entering the courtroom.
• Respect in the Courtroom: Treat everyone with respect, even if you're feeling frustrated. Address the judge as "Your Honor" or "Judge."
• Follow Instructions: If the judge asks you to speak with the other party to see if a settlement can be reached, follow their instructions.

During the Trial

• Listen carefully and take notes while witnesses testify.
• Present your case clearly and respond to any questions from the judge. - Make sure to state what outcome you are seeking.

Trial Outcome

a) Court’s Decision

• The court will assess the facts of the case, determine the winner, and set the amount of the judgment. They may also award costs, such as filing fees, service fees, and witness fees, to the prevailing party.

b) Collecting the Judgment

• The party awarded the judgment is responsible for collecting the money themselves; the court does not manage the collection process for you.

c) Interrogatories

• The court may issue a Motion & Order for Interrogatories (Form 252 A or B) to the person who owes money. These are written questions that the debtor must answer.

Collecting a Judgment

Step 1: Determine Expiration of Judgment

• County Court: Your judgment expires 6 years from the date it was awarded.
• District Court: Your judgment expires 20 years from the date it was awarded. If your judgment is close to expiring and you haven't collected, you can request an extension. Check the section on extending the expiration date for details.

Responsibility:

• You are responsible for collecting the judgment; the court will not assist with this.

Step 2: Ask

• Initial Request:
  • Consider writing to the debtor (individual or business) to request payment. This isn’t mandatory but may resolve the issue without further court action.
• Further Action:
  • If the debtor refuses to pay, you’ll need to take additional legal steps.

Step 3: Gather Information

To find out where the debtor works, banks, or owns property:

• County Court:
  Use Interrogatories by completing:
  • JDF 105 for individuals
  • JDF 108 for businesses
    File the form with the court or deliver it to the debtor and file proof of service. The debtor has 14 days to respond.
• Small Claims Court:
  File a Motion and Order using:
  • JDF 252A (Short Form)
  • JDF 252B (Long Form)
  • JDF 108 for businesses
    The court will send the form to the debtor, who has 14 days to reply.
• District Court:
  • Refer to Rule 69(d) for guidance on sending questions to the debtor.

Step 4: Decide

• Roles:
  • Judgment Creditor: You (the person owed money)
  • Judgment Debtor: The person or business that owes you money
• Options for Collection:
  • Garnishment:
    • To have money taken from wages or assets; refer to the Garnishment section for details.
  • Put a Lien on Property:
    • Attach Lien: Your judgment attaches to the debtor’s property, ensuring payment from any sale.
  • Steps:
    1. Get a Transcript of Judgment: Request this from the court for $25 (fill out Form JDF 205 for a fee waiver if needed).
    2. File with Clerk and Recorder: Take the transcript to the Clerk and Recorder’s Office in the county where the property is located, specifying the property to be attached (e.g., address). There may be a filing fee.

Step 5: Determine Satisfaction of Judgment

After receiving full payment:

• Complete and File Satisfaction of Judgment:
  • Fill out JDF 111: Satisfaction of Judgment, sign it in front of a Notary Public or court clerk.
• Finding a Notary Public:
  • Look in the Yellow Pages, search online, or visit your local bank.
• Submit the Form:
  • File the completed JDF 111 with the court to notify them that you’ve been fully paid and that the case is closed.

Courthouse Location:

Adams County Justice Center

1100 Judicial Center Dr.
Brighton, CO 80601
(303) 659-1161
https://www.coloradojudicial.gov/location/adams-county-justice-center

BUILDING HOURS

• Monday - Friday from 7:30 a.m. – 5:00 p.m., except court holidays.
• Clerk's Office: Monday through Friday, 7:30 a.m. - 4:30 p.m.

Let Squabble Help You With Your Small Claim at Adams County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Adams County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.