Small Claims Court in Jefferson County

In Jefferson County, CO small claims cases are filed in the Justice Court. Jefferson 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 Jefferson Court System.

Small Claims Court

Jefferson County, Colorado Small Claims cases handle disputes where you seek up to $7,500 to recover money or property, enforce or cancel a contract, or address restrictive covenants.

Here are some key points:

• You can file up to 2 Small Claims cases per month and no more than 18 cases per year in each county.
• The legal interest rate is 8% per year, compounded annually.
• File your case in the county where the Defendant lives, works, or where the property in dispute is located.
• Small Claims cases do not involve jury trials.
• If you win your case, it's up to you to collect the judgment; the court does not handle collection for you.
• The process is governed by Colorado Revised Statute (§) 13-6-403 and the Colorado Rules of Procedure for Small Claims (Rules 501 – 521).

Cases Handled

The Small Claims Division handles cases where individuals, partnerships, corporations, or sole proprietors sue each other for monetary damages.

• Reasons may include, but are not limited to:
• Tenant/Landlord Dispute
• Personal Injury
• Stolen Property
• Damaged Property
• Debt Collection
• Auto Repair
• Poor Construction
• Product Defect
• Broken Contracts or Verbal Promises

Start a Case

If you believe your case qualifies as a small claim, the next step is to determine which county court will handle your case. Identifying the right court is crucial for filling out the necessary forms and knowing where to file them. You should file your case in the county where at least one of the following conditions is met:

• The Defendant (the person you're suing) lives
• The Defendant is regularly employed
• The Defendant has a business office

If the Defendant is a student, file the case in the county where they attend school. For cases involving restrictive covenants or disputes over security deposits, you can file in the county where the property in question is located.

To start a lawsuit as the Plaintiff, follow these steps:

a) Complete the Starting Paperwork:

• Fill out the form JDF 250 – Notice, Claims, and Summons.
• Important: Do not attach any exhibits to this form.

b) File the Form:

• Take the completed form to the courthouse for filing.

c) Pay the Filing Fee:

• Check the Fees Section for details on the cost.

d) Trial Date:

• The clerk will set the trial date and fill it in on your form when you file it.

Filing a Case

To file your case:

1. Submit Your Forms:
   • Take all four parts of Form JDF 250 (7 pages) to the clerk’s counter at the county courthouse you’ve chosen.
2. Pay the Filing Fee:
   • The fee depends on the amount of your claim:
     • $31 if your claim is between $1.00 and $500.00
     • $55 if your claim is 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. For more details, visit the File Without Payment page.
3. Clerk’s Actions:
   • The clerk will fill in the trial date on your form.
   • You may also be informed about mandatory mediation before the trial. The clerk will schedule both mediation and trial as soon as possible, but be aware that the process might 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 process server will deliver the forms to each Defendant and complete the Return of Service section.
     • File the completed Return of Service with the court.
2. Clerk’s Certified Mail:
   • Note: This method is less preferred and may cause delays.
     • Ask the clerk to send the forms by certified mail.
     • You’ll need to pay for the certified mail when you file.
     • If this method fails, you will need to use personal service instead.

Serving a Business or Government Agency:

• For a Business:
  • Visit www.sos.state.co.us to find out who the registered agent is.
  • Serve the paperwork to this person.
  • Determine how the business is organized (e.g., sole proprietorship, corporation) and follow the guidelines in Rule 304 of the Colorado Rules of County Court Civil Procedure for proper service.
• For a Government Agency:
  • You may need to file a written notice with the Attorney General or another government representative before filing your case, as required by C.R.S. § 24-10-109.

Other Fees

Here’s a breakdown of the fees:

• Filing Fee:
  • For claims $500 or less: $31
  • For 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 involves a neutral third party who helps both sides of the dispute come to 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 through private mediators (listed in the Yellow Pages or online). Some areas 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:
   • Consider making notes or an outline of the events leading to the dispute to help you recall details during mediation.
3. Bring Everything:
   • Bring all your documents and notes to the mediation session and make sure to arrive on time.
4. Be Constructive:
   • Be ready to discuss your case openly with the mediator and the other party in a constructive way.

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 a trial before a judge.

Before the Trial

1. Observe a Trial:
   • Trials are generally oen to the public. You can ask the courthouse counter clerks for directions to a courtroom if you want to observe a case. Watching a trial can help you feel more comfortable and prepare better.
2. Prepare Your Evidence:
   • Types of Evidence: Documents, photographs, letters, printed emails, charts, receipts, etc.
   • Organize and Label: Label your exhibits with numbers starting from 1. Make copies for the defendant(s) and the judge. If courthouse staff need to make copies for you, there will be a fee.
3. Arrange Witnesses:
   • Voluntary Witnesses: Ask witnesses to testify voluntarily.
   • Subpoena: If a witness refuses, you can request a subpoena using Form JDF 254 to compel their attendance in court.
4. Prepare Your Presentation:
   • Organize Key Issues: Prepare notes or an outline of the main points you want to present during the trial.
   • Testify Yourself: Consider preparing to testify if you believe it will benefit 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 in the courtroom with respect, even if you’re frustrated.
  • Address the judge as "Your Honor" or "Judge."
• Follow Instructions:
  • The judge may ask you to speak with the other party to see if a settlement can be reached. Follow the judge’s instructions if this occurs.
• During the Trial:
  • Listen carefully and take notes while witnesses testify.
  • Present your case clearly and answer any questions from the judge. Be sure to state what outcome you are seeking.

Trial Outcome

a) Court’s Decision:

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

b) Collecting the Judgment:

• The party awarded the judgment is responsible for collecting the money. The court does not handle the collection for you.

c) Interrogatories:

• The court might provide the person owed money with a Motion & Order for Interrogatories, Form 252 A or B. These are written questions that the person who owes money 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 nearing its expiration date and you haven’t collected the money, you can request an extension before it expires. Refer to the section on extending the expiration date of a judgment for details on how to obtain an extension.

• Responsibility:

  • You are responsible for collecting the judgment yourself; the court will not handle this for you.

Step 2: Ask

• Initial Request:

  • Before taking court action, consider asking the debtor (individual or business) in writing to pay the amount owed. This step isn’t mandatory but might help resolve the matter without further court involvement.

• Further Action:

  • If the debtor refuses to pay, you’ll need to pursue additional legal steps to collect the amount owed.

Step 3: Gather Information If you need to find out where the person or business that owes you money works, banks, or owns property, here’s what to do based on the court:

County Court:

1. Use Interrogatories:
   • Download and complete:
     • JDF 105: For individuals
     • JDF 108: For businesses
   • File the form with the court or deliver it personally to the debtor and file proof of service.
2. Receive Answers:
   • The debtor has 14 days to respond. The court will provide you with their answers.

Small Claims Court:

1. File Motion and Order:
   • Use:
     • JDF 252A: Short Form
     • JDF 252B: Long Form
     • JDF 108: For businesses
2. Court’s Role:
   • The court will send the form to the debtor, who has 14 days to reply.

District Court: - Refer to Rule 69(d): Follow Rule 69(d) of the Colorado Rules of Civil Procedure for sending questions.

Step 4: Decide

• Note: These are a few options for collecting your judgment. Consult an attorney for a complete overview of your options.
• Roles:
  • Judgment Creditor: You (the person owed money).
  • Judgment Debtor: The person or business that owes you money. Options for Collection:

1. Garnishment:
   • To have money taken from wages, personal property, or other assets, refer to the Garnishment section for details.
2. Put a Lien on Property:
   • Attach Lien: Your judgment attaches to the debtor’s property, ensuring you get paid from the sale of that property.
   • Steps:
     • Get a Transcript of Judgment: Request this from the court for $25. If you can’t afford it, fill out Form JDF 205 for a fee waiver.
     • File with Clerk and Recorder: Take the Transcript to the Clerk and Recorder’s Office in the county where the debtor’s property is located. Specify the property to be attached (e.g., address of the house). There may be a filing fee.

Step 5: Determine

1. Complete and File Satisfaction of Judgment:
   • After receiving full payment, fill out JDF 111: Satisfaction of Judgment.
   • Sign the form in front of a Notary Public or a court clerk.
2. Finding a Notary Public:
   • Look in the Yellow Pages, search online, or visit your local bank.
3. Submit the Form:
   • File the completed JDF 111 with the court to notify them that you’ve been fully paid and the case is closed.

Courthouse Location:

Jefferson County Small Claim

100 Jefferson County Pkwy.
Golden, CO 80419
(720) 772-2500
https://www.coloradojudicial.gov/courts/trial-courts/jefferson-county

BUILDING HOURS

• Monday - Thursday from 7:30 a.m. – 4:00 p.m., except court holidays.
• Fridays between 7:30 a.m. - 12:00 p.m.

Let Squabble Help You With Your Small Claim at Jefferson County

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