Small Claims Court in El Paso County

In El Paso County, CO small claims cases are filed in the Justice Court. El Paso County has one District 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 El Paso Court System.

Small Claims Court

The Small Claims Court is a “court of limited jurisdiction,” which means it can only award up to $7,500, even if your claim is worth more. If your claim exceeds this amount, you'll need to either waive the portion over $7,500 or bring your case to a different court. You might also be able to recover your filing fee, service of process fee, and interest.

Small Claims Court does not offer jury trials. According to Colorado Revised Statute (C.R.S.) § 13-6-405(4), cases are heard by a Magistrate, unless a party requests a Judge or if the court location lacks a Magistrate. The court cannot handle cases of libel, slander, eviction, traffic violations, or criminal matters. For a complete list of prohibited claims, refer to C.R.S. § 13-6-403.

Additionally, even if you win, the Magistrate cannot address issues like ordering someone to stop calling you at odd hours or making negative public statements about you. If you need assistance with such matters, Small Claims Court may not be the right venue.

Cases Handled

The Small Claims Division deals with cases where individuals, partnerships, corporations, or sole proprietors sue each other for monetary damages. Common reasons for such lawsuits include:

• Tenant/Landlord disputes
• Personal injury claims
• Stolen property
• Damaged property
• Debt collection
• Auto repair issues
• Poor construction work
• Product defects
• Broken contracts or verbal promises

Who can File a Small Claim

To sue someone in Small Claims Court, the party you’re suing must meet one of these criteria:

• Live in the County
• Be a full-time student in the County
• Be regularly employed in the County
• Have a regular business location in the County
• Be the landlord in a dispute over a security deposit related to a property in the County

If the person you’re suing doesn’t meet any of these conditions, you can’t use that County’s Small Claims Court. You might need to file your case in a different court within the same County or in another County that has jurisdiction.

If you decide to take your case to Small Claims Court, you’ll need to effectively present your story to the Magistrate so they understand why you should win. This means you must be prepared to answer questions from the Magistrate or the opposing party. Before your court appearance, gather all necessary evidence to support your claim, such as contracts, photos, or bills.

Consider your comfort with public speaking. In Small Claims Court, you’ll need to present your case in front of an audience. If you struggle with speaking or thinking clearly under stress, especially with your opponent present, you may want to reconsider whether Small Claims Court is the right venue for you.

Settle or Court

Before deciding whether to settle or go to court, consider the following:

1. Can You Collect If You Win?
   • Assess whether your opponent has the financial means to pay a judgment. If they’re retired or on Social Security, for instance, it might be difficult to collect now or in the future.
   • If collecting the judgment seems unlikely, and you would need to hire an attorney to assist - with collection, it might not be worth the time and effort to go through a Small Claims trial.
   • However, judgments are valid for at least six years, so your opponent's financial situation might improve over time. They might have a better ability to pay in the future, such as if they start a new job.
2. Can You Pay If You Lose?
   • Consider your financial situation realistically. Even if you believe you have a strong case, there is always a chance of losing. Think about how you would handle a judgment against you.
   • It's important to distinguish between what's fair or moral and what’s legal. Discuss your case with others to get a realistic perspective.
3. Settlement as an Alternative:
   • Settling can be advantageous as it allows you to control the outcome rather than leaving it to a Magistrate. You can agree on terms that you know you can afford.
   • Many cases settle out of court, often with the assistance of mediators if available.

Filing a Complaint

1. Obtain the Complaint Form:
   • You'll need a form titled "Notice, Claim and Summons to Appear for Trial" (also called a Complaint, JDF 250). You can get this form from the courthouse or download it from the Judicial Branch website at www.courts.state.co.us by clicking on "Forms" and then "Small Claims."
2. Complete the Complaint Form:
   • Plaintiff Information: Fill out your details as the person bringing the claim. Include all requested information, including your phone numbers.
   • Defendant Information: Provide details about the person or organization you are suing. Ensure names are spelled correctly. For example, if you’re suing a corporation, write "Jones Corporation." If you’re suing the corporation and an employee, write "Jones Corporation and John Jones, individually." Accurate naming is crucial for collecting any judgment.
   • Registered Agent: If suing a corporation or similar entity, you must name the "registered agent" who is designated to receive legal papers. This information can be obtained from the Colorado Secretary of State’s office or their website at www.sos.state.co.us. There’s no charge for this information. Serve the registered agent, an officer, or a managerial employee to avoid having your case dismissed.
3. Jurisdiction Details:
   • Provide additional basic information about the Defendant to ensure the Small Claims Court has jurisdiction over your case. If the Defendant does not reside, work, or study in the county where you’re filing, you need to file in the county where they do, except for landlord/tenant claims or restrictive covenant claims.
4. Court Clerk’s Section:
   • The court clerk will fill out the "Notice and Summons to Appear for Trial" section when you file the Complaint. This section will include your trial date.
5. Describe Your Claim:
   • The final section requires you to describe your claim briefly, including the amount of money or property you are seeking to recover. Provide a simple summary of the facts, such as: "I left my shirt with Jones Company to be cleaned, but they ruined it. It was a brand-new shirt." Detailed explanations or documents should not be attached to the Complaint; you will have the opportunity to present more details at your trial.

After Completing the Complaint Form

1. Sign and Date:
   • Once you have filled out all the required information on the Complaint form, make sure to sign and date it.
2. File the Complaint and Pay the Fee:
   • Take the completed form to the courthouse and submit it to the clerk responsible for new cases. This process is called “filing.”
   • You will 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 the fees online at www.courts.state.co.us. Select the Forms tab, then “Filing Fees,” and choose the JDF 1 document for details.
   • If you cannot afford the filing fee, you can request a waiver. To do this, complete the required forms for a fee waiver, which include JDF 205 and 206, available under the “Miscellaneous” section on the same website. Review the Guide for Determination of Indigency to see if you qualify. Submit the completed forms with your Complaint. Note that fee waivers are not guaranteed; the court will decide and inform you of their decision.
3. Serve the Complaint:
   • Service Procedure: The Small Claims Rules specify that the Complaint must be served to the Defendant or their registered agent. This is detailed in Rule 504 of the Small Claims Rules found in Volume 12 of the Colorado Revised Statutes.
   • Who Can Serve: Generally, someone not involved in the case or a family member, such as a sheriff or a private process server, must deliver the Complaint. The Plaintiff pays for this service.
   • Alternative Service: The clerk can also mail the Complaint by certified mail, but you will need to cover the cost when filing. If certified mail fails, you may need to use a sheriff or process server for delivery.
   • Timing: The Defendant must be served at least 15 days before the trial date. Failure to do so may result in rescheduling the trial.
   • Proof of Service: You will receive a form indicating that the Complaint has been served, including the date of service. This form must be filed with the court before or on the day of your trial.

Small Claim Court Fees

Here’s a summary of the court costs for various case types:

• Plaintiff (claim $500.01 to $7,500.00): $55.00
• Plaintiff (claim up to $500.00): $31.00
• Defendant (without counterclaim, claim up to $500.00): $26.00
• Defendant (without counterclaim, claim $500.01 to $7,500.00): $41.00
• Party with counterclaim (both claims $500.00 or less): $31.00
• Party with counterclaim (either claim more than $500.00 but not more than $7,500.00): $46.00
• Rule 369 Contempt of Court: $70.00

It is always best to check with the El Paso County Court directly or visit their official website for the most current and accurate fee information.

Response and Counterclaim Procedures

1. Response:
   • Purpose: The Response, found on the back of Part 2 of the Notice and Summons to Appear for Trial, is where the Defendant can present their side of the story and argue why they believe the Plaintiff's claim is invalid. This is known as the Defense.
2. Counterclaim:
   • Definition: A Counterclaim is when the Defendant files a claim against the Plaintiff, asserting that the Plaintiff owes them money or has otherwise wronged them.
   • Example: If Ann files a claim against Company A for not fulfilling their contract, Company A might respond by denying the claim and counterclaiming that Ann owes them money for the services they provided.
3. Rules for Counterclaims:
   • Related Claims: The Counterclaim must arise from the same set of facts or situation as the Plaintiff’s claim.
   • Amount Limit: The Counterclaim cannot exceed $7,500. If the Defendant’s claim is more, they must accept a maximum of $7,500.
   • Third Parties: The Defendant cannot bring a third party into the case to resolve the - Counterclaim.
   • No Other Proceedings: The Counterclaim cannot be subject to any other court proceeding.
   • Waiver: If the Counterclaim meets these conditions but is not filed with the Plaintiff's case, it will be waived.
4. Filing the Response and/or Counterclaim:
   • Timing: Typically, the Response and/or Counterclaim are filed at the first scheduled trial date. However, if the Defendant objects to having a Magistrate or if the Counterclaim exceeds $7,500, the Defendant must file the appropriate Notice along with the Response and/or Counterclaim at least seven days before the trial date.
   • Preparation Time: If the Counterclaim is filed close to the trial date, the Plaintiff may request a rescheduling to allow time to prepare a response.
5. Filing Fees:
   • Fee Payment: The Defendant must pay a filing fee when they submit their Response or Counterclaim. The fee amount depends on the Plaintiff’s claim, the Counterclaim amount, and whether the case is moved to a different court.
   • Timing of Fee Payment: The fee must be paid with the first document filed by the Defendant, even if it is a request to change the court date or another type of motion.

Attorneys in Small Claims Court

1. General Rule:
   • Discouraged Participation: Small Claims Court is designed to be simple and accessible, so the involvement of attorneys is generally discouraged.
2. Exceptions:
   • Defendant’s Right to Hire an Attorney: A Defendant may choose to hire an attorney. They must notify the court at least seven days in advance using the "Notice of Representation" form (JDF 256), available at www.courts.state.co.us under Forms > Small Claims.
   • Failure to Appear: If a Defendant files a Notice of Representation but appears in court without an attorney or fails to appear, the court might determine that the Defendant acted in bad faith. This could lead to the court awarding costs, including attorney fees, to the Plaintiff.
3. Plaintiff’s Right to Hire an Attorney:
   • If the Defendant gives notice of their intention to hire an attorney, the Plaintiff may also hire an attorney without having to provide advance notice.
4. Attorney Representation for Attorneys:
   • If either party is an attorney, the other party may be represented by an attorney without needing to give notice.
5. Small Claims Court Rules:
   • Even if attorneys are involved, the case will still be managed according to the Small Claims Court Rules and Procedures.

Know Your Case

1. Understand Your Case:
   • Time Limit: The Magistrate has limited time. Be clear and concise.
2. Read Court Papers:
   • Importance: Read all paperwork carefully.
   • Ask for Help: Clerks can help with procedures but not legal advice.
3. Prepare Notes:
   • Why: Stay organized and cover key points.
   • Keep It Simple: Focus on main facts.
4. Example Notes:
   • Plaintiff: “Paid $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: “Went to the address on June 5, but no one was home. The contract says the deposit is forfeited if the customer is absent.”
5. Present Clearly:
   • Be Direct: Describe your case simply and clearly.
6. Examples:
   • Plaintiff: “The cleaning lady cleaned for four hours, and the apartment was spotless.”
   • Defendant: “The apartment was dirty and damaged. We used the deposit for repairs.”
7. Be Prepared:
   • Clarity and Brevity: Ensure your notes are clear and relevant.

Presenting Evidence

1. Gather Evidence:
   • Types: Include photographs, physical items, receipts, diagrams, and any relevant electronic media.
   • Prepare Copies: Make copies for the Magistrate and the opposing party.
2. Organize Evidence:
   • Order: Arrange evidence in the order you’ll present it. Use a binder or staple documents to keep them organized.
   • Relevance: Highlight key items and make sure each piece clearly supports your case.
3. Presenting Evidence:
   • Be Clear: Present evidence in a straightforward manner. Avoid overwhelming the Magistrate with unrelated documents.
   • Electronic Evidence: If using videos or recordings, notify the court in advance to ensure the necessary equipment is available.
4. General Tips:
   • Simplicity: Make it easy for the Magistrate to understand your evidence and follow your case.

Witnesses

1. Identify Needed Witnesses:
   • Importance: Bring witnesses who can support your case or provide crucial testimony.
2. Types:
   • Eyewitnesses: For events or promises witnessed firsthand.
   • Expert Witnesses: Professionals with specialized knowledge, e.g., auto mechanics or plumbers.
3. Subpoenaing Witnesses:
   • What: Use a subpoena to compel a witness to attend court.
   • Process: Obtain the subpoena from the clerk, have it served in person, and pay the witness fee.
   • Consequences: If a subpoenaed witness fails to appear, the court may issue an arrest warrant.
4. Preparation:
   • Confirm Attendance: Ensure all witnesses know the court date and location.
   • Troubleshoot: If a key witness cannot attend, your case may be weaker. Plan accordingly.

Visit Court Ahead of Time

• Familiarize Yourself:
  • Why: Seeing the courtroom and how it operates can reduce anxiety and help you plan your presentation.
  • What to Do: Observe where everyone sits and how the process unfolds.
• Ask Questions:
  • How: Magistrates or clerks can answer procedural questions if you don’t interrupt ongoing proceedings.
• Practice Your Presentation:
  • Rehearse:
    • How: Read your notes aloud and practice explaining your case.
    • Why: Familiarity with your case and the sound of your own voice will help you present more confidently and respond effectively.

Trial

1. Be on Time:
   • Why: Arrive early to avoid losing your case due to a default judgment.
   • Consequences:
     • If Plaintiff Is Late: Defendant may win by default or dismissal.
     • If Defendant Is Late: Plaintiff may win by default.
   • Special Cases: Active military personnel have different rules (see Rule 515).
2. If You Miss Court:
   • Action: File a “Motion to Set Aside” within 30 days to explain your absence.
   • Challenge: Motions are rarely granted; the court expects all parties to be punctual.

Courtroom Etiquette

• Be Polite:
  • Why: Magistrates and court staff notice your behavior before the court session begins. Maintain professionalism to make a good impression.
  • Bring and Organize Evidence:
  • Action: Bring all exhibits and evidence, including copies for the Magistrate and the opposing party. Keep one for yourself.
• Wait Your Turn:
  • Why: Interrupting is disruptive and may negatively impact the Magistrate’s view of you. The Magistrate will listen to both sides and may ask questions as needed.
• Listen Carefully:
  • Action: Pay attention to what’s being said, take notes, and respond thoughtfully. Be prepared to address questions and points raised during the trial.
• Understand the Outcome:
  • Post-Trial: The Magistrate will summarize the facts, make a decision, and may award costs to the prevailing party.

Collection Procedures

1. Request Payment:
   • Action: First, ask the debtor to pay the Judgment. If paid, file a Creditor’s Satisfaction of Judgment with the court.
2. Use Interrogatories:
   • Action: If the debtor does not pay, ask the Magistrate to order interrogatories to identify the debtor's assets (wages, bank accounts, property).
   • Note: If the debtor fails to answer, the Magistrate can issue a bench warrant.
3. Garnish Wages:
   • Action: If you know where the debtor works, you can request a wage garnishment to collect your Judgment.
4. Appeal and Stay:
   • Action: If you lose and wish to appeal, request a stay to prevent collection during the appeal process. Be prepared for additional costs and possibly a bond.
5. Consider Protections:
   • Caution: Some assets (wages, essential property, Social Security, etc.) are protected from collection. Seek legal advice to understand these protections.
6. Time Limit:
   • Reminder: You have up to six years to collect your Judgment.

Courthouse Location:

El Paso County Judicial Building

270 S Tejon St
Colorado Springs, CO 80903
(719) 452-5000
https://www.coloradojudicial.gov/location/el-paso-county-judicial-building

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 5:00 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at El Paso County

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