Small Claims Court in Douglas County

In Douglas County, CO small claims cases are filed in the Justice Court. Douglas County has two District Courts that handle 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 Douglas Court System.

Small Claims Court

Small Claims Court is designed for straightforward cases, with a maximum claim limit of $7,500. If the amount you're seeking is higher, you'll need to either waive the extra amount or file your case in a different court. You may also be able to recover additional costs like filing fees, document-serving fees, and interest.

One thing to know: Small Claims Court doesn’t have jury trials. Usually, a Magistrate will hear your case, as outlined in Colorado law (C.R.S. § 13-6-405(4)). However, if someone specifically asks for a Judge or there’s no Magistrate available, a Judge may handle it instead. This court also has limits on the types of cases it can hear. For example, it doesn’t handle claims involving libel, slander, evictions, traffic violations, or criminal matters. You can check C.R.S. § 13-6-403 for a full list of exclusions.

It’s also worth noting that even if you win your case, Small Claims Court can’t grant orders to stop someone from harassing you with calls or saying negative things about you in public. If your situation involves these kinds of issues, you might need to explore other legal options.

Cases Handled

The Small Claims Division deals with disputes where people, businesses, or landlords and tenants seek money from each other. Common reasons for filing a small claims case include:

• Landlord-tenant disputes (like disagreements over security deposits or unpaid rent)
• Personal injury claims (such as minor accidents or injuries)
• Stolen property
• Property damage (for example, to a car or home)
• Unpaid debts
• Problems with auto repairs
• Poor-quality construction or repairs
• Defective products
• Broken contracts or verbal agreements

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 these requirements:

• 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 conditions apply to the person you want to sue, you won’t be able to use that county’s Small Claims Court. In this case, you may need to file in a different court within the same county or in another county with the authority to handle your claim.

Preparing to File

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

To strengthen your case:

• Gather all the evidence you need, such as contracts, receipts, photos, or emails.
• Practice explaining your side of the story in a straightforward, calm way.

Keep in mind, Small Claims Court hearings are public, and you’ll need to speak in front of an audience. If public speaking or staying composed in front of your opponent feels overwhelming, it’s worth considering whether this is the best option for resolving your issue.

Settle or Court

1. Can You Collect If You Win?

• Before filing your case, think about whether your opponent can actually pay if you win. For example, if they’re retired or rely on Social Security, collecting the judgment could be difficult now or even later. If hiring an attorney becomes necessary for collection, weigh whether the time and expense 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 that make payments possible down the line.

2. Can You Afford to Lose?

• Even if you believe your case is strong, there’s always a chance you could lose. Be honest about your financial situation and think about how you’d handle a judgment against you. Remember, what feels “right” morally might not always line up with legal standards. Talking to others, like friends or legal advisors, can help you see your case more clearly and avoid unrealistic expectations.

3. Settling as an Alternative

• Settlement can be a practical choice, offering more control over the outcome than a court decision. You can negotiate terms that work for both sides instead of leaving it all in the hands of the Magistrate. Many disputes settle before going to trial, and mediation—if available—can help both parties reach a fair agreement. Taking these factors into account can help you make the best decision for your situation.

Filing a Complaint

1. Get the Complaint Form Start by obtaining the "Notice, Claim, and Summons to Appear for Trial" form (JDF 250). You can pick it up at the courthouse or download it from the Colorado Judicial Branch website at www.courts.state.co.us under "Forms" > "Small Claims."

2. Fill Out the Complaint Form

• Plaintiff Information: Enter your full name and contact details.
• Defendant Information: Provide accurate information about the person or business you’re suing, including correct spelling. For example, write “Jones Corporation” or “Jones Corporation and John Jones, individually.”
• Registered Agent (for businesses): If suing a business, identify its “registered agent” (the person or entity designated to receive legal documents). Use the free search tool on the Colorado Secretary of State’s website at www.sos.state.co.us to find this information.

3. Confirm Jurisdiction Ensure 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, file in the correct county instead.

4. Let the Court Clerk Fill In the Trial Details When you file the complaint, the court clerk will complete the "Notice and Summons to Appear for Trial" section, including your trial date.

5. Describe Your Claim Summarize your claim briefly and state the amount you’re seeking. For example: "I left my shirt with Jones Company to be cleaned, but they ruined it." You don’t need to attach detailed documents at this stage; you’ll present your evidence at trial.

After Completing the Complaint Form

1. Sign and Date the Complaint

• Once you’ve filled out the Complaint form, don’t forget to sign and date it.

2. File the Complaint and Pay the Filing Fee

• Filing: Submit the completed Complaint form to the courthouse. This process, called “filing,” officially starts your case.
• Filing Fee: You’ll need to pay a fee, which depends on the amount of your claim. The court clerk can provide the exact fee, or you can find it online at www.courts.state.co.us under "Forms" > "Filing Fees" (document JDF 1).
• Fee Waiver: If you can’t afford the fee, you can request a waiver. Complete forms JDF 205 and JDF 206, available under the “Miscellaneous” section on the same website. Check the Guide for Determination of Indigency to see if you qualify. File the waiver forms with your Complaint. Keep in mind, approval is up to the court.

3. Serve the Complaint

• How to Serve: Rule 504 of the Small Claims Rules requires the Complaint to be served on the Defendant (or their registered agent if suing a business).
• Who Can Serve: Service must be completed by someone not involved in the case, such as a sheriff or private process server. The Plaintiff is responsible for covering the cost of service.
• Certified Mail Option: Alternatively, the court clerk can send the Complaint by certified mail if you pay for it at the time of filing. If certified mail isn’t successful, you’ll need to arrange personal service.
• Timing: The Defendant must be served at least 15 days before your trial date. If service isn’t completed in time, the trial may need to be rescheduled.
• Proof of Service: Once the Complaint has been 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 a good idea to confirm directly with the Boulder County Court or check their official website. Fees can sometimes vary or change over time.

Response and Counterclaim

1. The Response The Response, located on the back of Part 2 of the Notice and Summons to Appear for Trial, is where the Defendant explains their side of the story. It allows the Defendant to argue why the Plaintiff’s claim is invalid or doesn’t justify the requested amount. This is referred to as the Defense.

2. The Counterclaim A Counterclaim is when the Defendant asserts that the Plaintiff actually owes them money or has wronged them in some way.

• Example: If Ann sues Company A for breach of contract, Company A might file a counterclaim saying Ann owes them for unpaid services.

Rules for Counterclaims

• Related Claims Only: The counterclaim must arise from the same facts as the Plaintiff’s original claim.
• Monetary Limit: The counterclaim cannot exceed $7,500. If it does, the excess must be waived.
• No Third Parties: Counterclaims can only involve the Plaintiff and Defendant; no additional parties can be added.
• No Other Cases: The counterclaim cannot be tied to any other court case.
• Waiver: If the counterclaim isn’t filed at the same time as the Response, the right to assert it is waived.

Filing the Response and/or Counterclaim**

• Timing: Typically, the Response or Counterclaim is filed on the trial date. However:
  • If the Defendant wants to object to a Magistrate hearing the case or has a counterclaim exceeding $7,500, they must file it at least seven days before the trial.
  • If filed close to the trial date, the Plaintiff can request a postponement to prepare.

Filing Fees

• Fees Required: Defendants must pay a filing fee when submitting a Response or Counterclaim. The amount depends on the claim size.
• Fee Timing: The fee must be paid when filing the first document, including requests to change the trial date.

Being prepared and understanding these steps can help both Plaintiffs and Defendants navigate the small claims process effectively.

Attorneys in Small Claims Court

Discouraged Participation

Small Claims Court is designed to be simple and accessible for individuals, which is why the involvement of attorneys is generally discouraged.

Exceptions to the Rule

1. Defendant’s Right to Hire an Attorney
   • A Defendant may choose to hire an attorney but must notify the court at least seven days before the trial.
   • This is done by filing the Notice of Representation form (JDF 256), which can be found on the Colorado Judicial Branch website at www.courts.state.co.us.
2. Consequences of Not Following Through
   • If the Defendant files a Notice of Representation but then appears without an attorney or fails to show up entirely, the court may find this to be bad faith.
   • In such cases, the court might order the Defendant to pay costs, including attorney fees, to the Plaintiff.
3. Plaintiff’s Right to Hire an Attorney
   • If the Defendant notifies the court of their intention to hire an attorney, the Plaintiff may also hire legal representation.
   • Unlike the Defendant, the Plaintiff does not need to give advance notice of this decision.
4. Special Rule for Attorneys
   • If one party is an attorney, the other party is automatically allowed to hire legal representation without providing prior notice.

Know Your Case: Essentials

1. Understand Your Case

• Time Matters: Magistrates have limited time to hear each case. Be clear, concise, and focus on the most important details.

2. Read Court Documents

• Why It’s Important: Carefully review all court papers to understand deadlines, requirements, and the nature of the claims against you.

3. Prepare Notes

• Stay Organized: Write down key points to ensure you address everything during your presentation.
• Keep It Simple: Focus on the main facts that support your case.
• Example Notes:
  • Plaintiff:
    • “I paid a $50 deposit to Company A for carpet cleaning on June 1. They didn’t show up on June 5 and didn’t refund the deposit.”
  • Defendant:
    • “I went to the address on June 5, but no one was home. The contract states 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.
• Examples:
  • 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 facts that are directly relevant to your case.
• 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 or videos.
  • Receipts or invoices.
  • Physical items (if applicable).
  • Diagrams or maps.
  • Emails, texts, or other electronic media.
• Prepare Copies: Make enough copies for:
  • The Magistrate.
  • The opposing party.
  • Your own reference.

2. Organize Your Evidence

• Order Matters: Arrange your evidence in the order you plan to present it during the trial.
• Stay Organized: Use a binder, folder, or staple related documents together.
• Highlight Key Points: Clearly mark or flag the most critical pieces of evidence to draw attention to them.

3. Presenting Your Evidence

• Be Clear: Explain how each piece of evidence relates to your case. Avoid overloading the Magistrate with unnecessary documents.
• Electronic Evidence:
  • Let the court know ahead of time if you plan to use videos, audio recordings, or other media.
  • Ensure the necessary equipment will be available at the courthouse.

4. General Tips

• Simplicity is Key: Keep your evidence straightforward and easy to follow. Complicated or excessive evidence can confuse the Magistrate and weaken your argument.
• Stay Relevant: Only present evidence that directly supports your case.

Decide on Witnesses

1. Identify Needed Witnesses

• Why It’s Important: Bring witnesses who can help support your claims or provide essential testimony. Their testimony can strengthen your case by offering a perspective the Magistrate can rely on.

2. Types of Witnesses

• Eyewitnesses: These are individuals who saw or were directly involved in the events related to your case. For example, someone who witnessed a contract dispute or an accident. Expert Witnesses: These are professionals who can provide specialized knowledge related to your case, such as an auto mechanic for a car repair dispute or a plumber for issues involving plumbing services.

3. Subpoenaing Witnesses

• What is a Subpoena?
  • A subpoena is a legal document that forces a witness to appear in court.
• How to Issue a Subpoena:
  1. Get the subpoena form from the court clerk.
  2. Serve the subpoena in person to the witness.
  3. Pay any required witness fees when serving the subpoena.
• Consequences for Non-Appearance:
  • If a subpoenaed witness does not show up in court, the court would issue an arrest warrant for them.

4. Preparation

• Confirm Attendance:
  • Make sure all your witnesses know the trial date, time, and location.
• Troubleshoot in Case of Absence:
  • If a crucial witness cannot attend, think about how this might affect your case. Be ready with a plan, like bringing other supporting witnesses or relying on physical evidence to make up for their absence.

Visit Court Ahead of Time

1. Familiarize Yourself with the Courtroom

• Why It’s Helpful: Visiting the courtroom before your trial can ease anxiety and help you mentally prepare.
• What to Do:
  • Take a look at where you’ll be seated, where the Magistrate sits, and how the court proceedings are conducted. -Watching other cases can give you a sense of the process and flow of the court. 2. Ask Questions
• When to Ask:
  • If you have any procedural questions, don’t hesitate to ask the Magistrate or court clerks during breaks or after proceedings.
• How to Ask:
  • Be respectful of the ongoing cases, and make sure you don’t interrupt anyone while they’re speaking.

3. Practice Your Presentation

• Why Rehearsing Helps: Practicing your case out loud will help you become more familiar with your arguments and improve your confidence.
• How to Practice:
  • Read through your notes and explain your case as if you were presenting it in court.
  • Listening to yourself can help you refine your explanation and respond more effectively during the hearing.

Taking time to familiarize yourself with the courtroom, asking the right questions, and rehearsing your case will all contribute to a more organized and confident presentation when it’s your turn in court.

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

• Why It’s Important: Your behavior is being observed from the moment you step into the courtroom. Showing respect to the Magistrate, court staff, and the opposing party helps create a positive impression, which can work in your favor.

2. Bring and Organize Your Evidence

• Action to Take: Ensure you bring all your evidence, such as documents, photos, and receipts, with enough copies for the Magistrate, the opposing party, and yourself. Keeping things organized will help your case run smoothly.

3. Wait Your Turn

• Why It’s Important: Interrupting can be seen as disrespectful and may negatively impact the Magistrate’s perception of you. Allow the Magistrate to listen to both sides, and don’t speak out of turn.

4. Listen Carefully

• Action to Take: Stay focused on what’s happening in the courtroom. Take notes as needed, and be prepared to answer questions or respond to points raised during the trial. Thoughtful listening shows you’re engaged and serious about your case.

5. Understand the Outcome

• Post-Trial: Once the trial concludes, the Magistrate will summarize the facts and provide a decision. If you win, they may award costs to cover your filing or service fees. Be prepared for either outcome, and if you don’t agree with the decision, you may have the option to appeal.

Collection Judgments

1. Request Payment

• Action: Start by directly asking the debtor to pay the judgment. If they agree to pay, file a Creditor’s Satisfaction of Judgment with the court to officially close the case.

2. Use Interrogatories

• Action: If the debtor refuses to pay, you can ask the Magistrate to order interrogatories. These are written questions that can help uncover the debtor's assets, such as their wages, bank accounts, or property.
• Note: If the debtor fails to respond to the interrogatories, the Magistrate may issue a bench warrant for their failure to comply.

3. Garnish Wages

• Action: If you know where the debtor works, you can request a wage garnishment. This allows you to collect the judgment directly from their paycheck.

4. Appeal and Stay

• Action: If you lose the case and want to appeal, request a stay. This will prevent any collection actions while the appeal is pending. Be prepared for additional costs and possibly needing to post a bond.

5. Consider Protections

• Caution: Certain assets, like essential property, wages, and Social Security benefits, are protected from collection. It's important to seek legal advice to understand what can and cannot be collected.

6. Time Limit

• Reminder: You have up to six years to collect your judgment, so don’t worry if the debtor doesn’t pay right away. However, you’ll need to actively pursue collection within that time frame.

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

Courthouse Location:

Douglas County Courthouse

4000 Justice Way Ste. 2009
Castle Rock, CO 80109
(720) 437-6200
https://www.coloradojudicial.gov/trial-courts-county

BUILDING HOURS

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