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Small Claims Court in Broomfield County

In Broomfield County, CO small claims cases are filed in the Municipal Court. Broomfield County has one Municipal 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 Broomfield Court System.

Small Claims Court

Small Claims Court is meant for simple cases, with a limit of $7,500 for the amount you're trying to claim. If your claim exceeds that, you'll have to either drop the extra amount or take your case to a higher court. You may also be able to recover some additional costs, such as filing fees, serving documents, and interest.

One thing to keep in mind: Small Claims Court doesn’t have jury trials. A Magistrate usually handles cases, according to Colorado law (C.R.S. § 13-6-405(4)). However, if someone specifically requests a judge or if no Magistrate is available, a judge might take over instead. Also, there are certain cases the Small Claims Court can’t hear, like those involving libel, slander, evictions, traffic violations, or criminal matters. You can find a complete list of exclusions in C.R.S. § 13-6-403.

Additionally, even if you win, Small Claims Court can’t issue orders to stop things like harassment or negative public statements. If your case involves these issues, you may need to look into other legal options.

Cases Handled

The Small Claims Division handles disputes where individuals, businesses, or landlords and tenants are seeking money from each other. Common reasons people file small claims cases include:

  • Landlord-tenant disputes, such as disagreements over security deposits or unpaid rent
  • Personal injury claims, like minor accidents or injuries
  • Stolen property
  • Property damage, for example, to a car or home
  • Unpaid debts
  • Issues with auto repairs
  • Poor-quality construction or repairs
  • Defective products
  • Breaches of contracts or verbal agreements These are just a few examples of the types of issues that can be addressed in Small Claims Court.

Who Can File a Small Claim

To file a lawsuit in Small Claims Court, the person or business you're suing must meet at least one of the following conditions:

  • Live in the county
  • Be a full-time student in the county
  • Work regularly in the county
  • Have a business located in the county
  • Be a landlord involved in a security deposit dispute for property in the county

If none of these apply to the person you want to sue, you won't be able to file in that county's Small Claims Court. In that case, you may need to file in a different court within the same county or in another county that has jurisdiction over your claim.

Preparing to File If you decide to move forward with your Small Claims case, it's important to present your case clearly to the Magistrate. Be ready to explain why you should win and to answer any questions from the Magistrate or the other party.

To help strengthen your case:

  • Gather all relevant evidence, such as contracts, receipts, photos, or emails.
  • Practice explaining your side of the story in a clear, calm manner.
  • Keep in mind that Small Claims Court hearings are public, so you'll need to speak in front of an audience. If the thought of public speaking or staying composed in front of the other party feels overwhelming, consider whether this is the best path for resolving your issue.

Settle or Court

  1. Can You Collect If You Win?
    • Before filing your case, think about whether your opponent will be able to pay if you win. For example, if they are retired or rely on Social Security, collecting the judgment might be challenging now or even in the future. If you need to hire an attorney to collect, consider whether the time and cost are worth it.
    • That said, judgments typically remain valid for at least six years, so your opponent’s financial situation might improve. They could get a new job or other resources, making it easier for them to pay later.
  2. Can You Afford to Lose?
    • Even if you feel confident in your case, there's always a chance you could lose. Be realistic about your financial situation and think about how you would handle a judgment against you. What seems "right" morally might not always align with legal standards. Talking to friends or legal advisors can give you a clearer perspective and help you set more realistic expectations.
  3. Settling as an Alternative
    • Settlement can be a practical alternative to going to trial, giving you more control over the outcome. By negotiating, you can find a solution that works for both sides instead of leaving everything up to the Magistrate. Many disputes are settled before trial, and mediation—if available—can help both parties reach a fair agreement.

Filing a Complaint

  1. Get the Complaint Form
    • Begin by obtaining the "Notice, Claim, and Summons to Appear for Trial" form (JDF 250). You can either pick it up at the courthouse or download it from the Colorado Judicial Branch website at www.courts.state.co.us under the "Forms" section, then select "Small Claims."
  2. Fill Out the Complaint Form
    • Plaintiff Information: Enter your full name and contact details.
    • Defendant Information: Provide accurate details about the person or business you're suing. Be sure to spell everything correctly. For example, write "Jones Corporation" or "Jones Corporation and John Jones, individually."
    • Registered Agent (for businesses): If you're suing a business, list its "registered agent" (the person or entity designated to receive legal documents). You can find this information using the free search tool on the Colorado Secretary of State’s website at www.sos.state.co.us.
  3. Confirm Jurisdiction
    • Make sure the Small Claims Court has jurisdiction over your case. The defendant must live, work, or study in the county, except for landlord-tenant claims. If they don’t meet these criteria, you’ll need to file in the correct county.
  4. Let the Court Clerk Fill In the Trial Details
    • When you file the complaint, the court clerk will fill out the "Notice and Summons to Appear for Trial" section, including your trial date.
  5. Describe Your Claim
    • Provide a brief summary of your claim and the amount you’re seeking. For example: "I left my shirt with Jones Company to be cleaned, but they ruined it." At this stage, you don’t need to attach detailed documents; you’ll present your evidence during the trial.

After Completing the Complaint Form

  • Sign and Date the Complaint
    • Once you've completed the Complaint form, be sure to sign and date it.
  • File the Complaint and Pay the Filing Fee
    • Filing: Submit the signed Complaint form to the courthouse to officially begin your case.
  • Filing Fee: You’ll need to pay a filing fee, which varies based on the amount of your claim. The court clerk can provide the exact fee, or you can check it online at www.courts.state.co.us under "Forms" > "Filing Fees" (document JDF 1).
  • Fee Waiver: If you're unable to pay the fee, you can request a fee waiver by completing forms JDF 205 and JDF 206, available under the "Miscellaneous" section on the website. Check the Guide for Determination of Indigency to see if you qualify. Submit the waiver forms with your Complaint, but note that the court must approve the request.
  • Serve the Complaint
    • How to Serve: According to Rule 504 of the Small Claims Rules, the Complaint must be served on the Defendant (or their registered agent if you're suing a business).
    • Who Can Serve: The service must be completed by someone who is not involved in the case, such as a sheriff or private process server. You, the Plaintiff, are responsible for paying the service costs.
  • Certified Mail Option: Alternatively, you can have the court clerk send the Complaint via certified mail if you pay for the service when filing. If certified mail doesn’t work, you’ll need to arrange for personal service.
  • Timing: The Defendant must be served at least 15 days before your trial date. If service is not completed in time, the trial may need to be rescheduled.
  • Proof of Service: After the Complaint is served, you’ll receive proof of service with the service date. File this proof with the court on or before your trial date.

Small Claim Court Fees

Here’s a breakdown of the filing fees for Small Claims cases in Colorado:

  • Plaintiff Fees:
    • Claim between $500.01 and $7,500.00: $55.00
    • Claim up to $500.00: $31.00
  • Defendant Fees (without counterclaim):
    • Claim up to $500.00: $26.00
    • Claim between $500.01 and $7,500.00: $41.00
  • Fees for Parties with Counterclaims:
    • Both claims $500.00 or less: $31.00
    • Either claim over $500.00 but not exceeding $7,500.00: $46.00
  • Contempt of Court (Rule 369): $70.00

For the most accurate and current fee information, it's best to confirm directly with the Broomfield County Court or check their official website. Fees may vary or change over time.

Response and Counterclaim

  1. The Response
    • The Response allows the Defendant to explain their side and argue why the Plaintiff’s claim is invalid or unjustified.
  2. The Counterclaim
    • A Counterclaim is when the Defendant claims the Plaintiff owes them money or has wronged them.
      • Related Claims Only: It must arise from the same facts as the original claim.
      • Monetary Limit: Cannot exceed $7,500.
      • No Third Parties: Only the Plaintiff and Defendant can be involved.
      • Waiver: If not filed with the Response, the counterclaim is waived.

Filing

  • Timing: Typically filed on trial date, but if objections or large counterclaims are involved, they must be filed at least seven days before trial.
  • Fees: A fee is required when filing the Response or Counterclaim, based on the claim size.

Attorneys in Small Claims Court

  • Discouraged Participation
    • Small Claims Court is designed to be simple and accessible, so attorneys are generally discouraged from participating.
  • Exceptions to the Rule
    • Defendant’s Right to Hire an Attorney: A Defendant can hire an attorney but must notify the court at least seven days before trial by filing the Notice of Representation form (JDF 256) available on the Colorado Judicial Branch website.
      • Consequences: If the Defendant files the notice but appears without an attorney or doesn’t show up, the court may find it bad faith and order the Defendant to pay costs, including attorney fees, to the Plaintiff.
  • Plaintiff’s Right to Hire an Attorney: If the Defendant hires an attorney, the Plaintiff can also hire legal representation without advance notice.
  • Special Rule for Attorneys: If one party has an attorney, the other party can hire an attorney without giving prior notice.

Know Your Case: Essentials

  1. Understand Your Case
    • Time Matters: Magistrates have limited time, so be clear, concise, and focus on the key details of your case.
  2. Read Court Documents
    • Why It’s Important: Review all court documents to understand deadlines, requirements, and the claims against you.
    • Need Help? Court clerks can answer procedural questions but cannot provide legal advice.
  3. Prepare Notes
    • Stay Organized: Write down key points to ensure you cover everything.
    • Keep It Simple: Focus on the main facts.
      • Example:
        • Plaintiff: “I paid a $50 deposit to Company A for carpet cleaning on June 1. They didn’t show up and didn’t refund the deposit.”
      • Defendant: “I went to the address on June 5, but no one was home. The contract says the deposit is forfeited if the customer is absent.”
  4. Present Clearly
    • Be Direct: Explain your case in a straightforward way that’s easy to follow.
      • Example:
        • Plaintiff: “The cleaning lady worked for four hours, and the apartment was spotless.”
        • Defendant: “The apartment was dirty and damaged. We used the deposit for repairs.”
  5. Be Prepared
    • Focus on Clarity: Ensure your notes are easy to understand and stick to relevant facts.
    • Keep It Brief: Avoid unnecessary details to stay within the time allowed.

Presenting Evidence

  1. Gather Evidence
    • Types of Evidence: Collect everything that supports your case, such as:
      • Photographs, videos, receipts, invoices, physical items (if applicable), diagrams, maps, emails, texts, or other electronic media.
    • Prepare Copies: Make copies for the Magistrate, the opposing party, and for yourself.
  2. Organize Your Evidence
    • Order Matters: Arrange your evidence in the order you plan to present it.
    • Stay Organized: Use a binder or folder, and group related documents together.
    • Highlight Key Points: Clearly mark the most important pieces to draw attention to them.
  3. Presenting Your Evidence
    • Be Clear: Explain how each piece of evidence supports your case, avoiding unnecessary documents.
    • Electronic Evidence: Let the court know if you plan to use videos, audio recordings, or other media. Ensure the necessary equipment is available at the courthouse.
  4. General Tips
    • Simplicity is Key: Keep evidence straightforward to avoid confusing the Magistrate.
    • Stay Relevant: Only present evidence directly related to your case.

Decide on Witnesses

  1. Identify Needed Witnesses
  • Choose witnesses who can support your case and provide valuable testimony.
  1. Types of Witnesses
    • Eyewitnesses: People directly involved or who saw the events.
    • Expert Witnesses: Professionals with specialized knowledge, like mechanics or plumbers.
  2. Subpoenaing Witnesses
    • A subpoena forces a witness to appear in court.
    • Get the form from the court clerk, serve it in person, and pay required fees.
    • Failure to appear may lead to an arrest warrant.
  3. Preparation
    • Confirm witness attendance and have a backup plan if a key witness can’t attend.

Visit Court Ahead of Time

  1. Familiarize Yourself with the Courtroom
    • Visit the courtroom beforehand to reduce anxiety and understand the layout. Watching other cases can also help you grasp the flow of the process.
  2. Ask Questions
    • If you have procedural questions, ask the Magistrate or court clerks during breaks or after proceedings, but don’t interrupt others.
  3. Practice Your Presentation
    • Rehearse your case out loud to build confidence and refine your arguments. Reading your notes and practicing your presentation will help you respond effectively during the hearing.

Trial Tips

  1. Be On Time
    • Why It’s Crucial: Arriving early ensures that you don’t miss your case or risk having it decided against you. Being punctual can also give you extra time to review your notes and gather your thoughts before the hearing begins.
  2. Consequences of Being Late
    • If the Plaintiff is Late:
      • The Defendant may win the case by default or the court may dismiss the case entirely.
    • If the Defendant is Late:
      • The Plaintiff may win the case by default.
    • Special Cases: Active military personnel may have different rules about attendance, so be sure to check Rule 515 if this applies to you.
  3. What Happens if You Miss Court
    • Action to Take: If you miss your court date, you can file a “Motion to Set Aside” within 30 days, explaining why you were absent.
    • Challenge: Keep in mind that the court rarely grants motions to set aside a default judgment. The court expects all parties to be on time, so any absence will be scrutinized.

Courtroom Etiquette

  1. Be Polite
    • Show respect to the Magistrate, court staff, and the opposing party. Good behavior helps make a positive impression.
  2. Bring and Organize Your Evidence
    • Bring all necessary documents, photos, and receipts with enough copies for everyone. Keep your evidence well-organized to ensure a smooth case.
  3. Wait Your Turn
    • Avoid interrupting; let the Magistrate hear both sides without distractions. Speaking out of turn can hurt your case.
  4. Listen Carefully
    • Stay focused, take notes, and be ready to respond to questions or points made during the trial. This shows your engagement.
  5. Understand the Outcome
    • After the trial, the Magistrate will give a decision. If you win, costs may be awarded. If you disagree with the decision, you can explore the option to appeal.

Collection Judgments

  1. Request Payment
    • Start by asking the debtor to pay. If they do, file a Creditor’s Satisfaction of Judgment to close the case.
  2. Use Interrogatories
    • If the debtor refuses to pay, request interrogatories to uncover their assets. Failure to respond may lead to a bench warrant.
  3. Garnish Wages
    • If you know where the debtor works, request wage garnishment to collect the judgment from their paycheck.
  4. Appeal and Stay
    • If you lose and wish to appeal, request a stay to halt collection actions during the appeal, but be prepared for extra costs.
  5. Consider Protections
    • Certain assets, like essential property and Social Security benefits, are protected. Seek legal advice to understand what can be collected.
  6. Time Limit
    • You have six years to collect the judgment, but must pursue collection efforts during that time.

Courthouse Location:

Broomfield Municipal Court

17 Descombes Drive
Broomfield, CO 80020
(303) 464-5020
https://www.broomfield.org/

BUILDING HOURS

  • Monday - Friday 7:30 a.m. to 11:30 a.m. and 12:30 p.m. to 4:30 p.m. except court holidays.

  • Neighborhoods in Broomfield include:

    • The Broadlands
    • Aspen Creek
    • Red Leaf
    • Willow Run
    • Gate 'n Green
    • The Enclave
    • Anthem Highlands
    • Legend Trails.

Let Squabble Help You With Your Small Claim at Broomfield 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 Broomfield 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.

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