Small Claims Court in Weld County

In Weld County, CO small claims cases are filed in the Justice Court. Weld County has three Justice 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 Weld Court System.

Small Claims Court

In Weld County, Colorado, Small Claims cases are meant to help you resolve disputes when you're trying to recover up to $7,500, whether that’s cash or property. You can also use this process to enforce or cancel a contract or deal with any restrictive agreements. Here are a few key things to keep in mind:

• You can file up to 2 Small Claims cases each month, with a maximum of 18 in a year for each county.
• The legal interest rate is 8% per year, compounded annually.
• Make sure you file your case in the county where the defendant lives or works, or where the disputed property is located.
• Keep in mind that Small Claims cases don’t involve jury trials.
• If you win your case, it’s your job to collect the judgment; the court won't handle that for you.
• This process follows the guidelines outlined 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 handles cases where individuals, partnerships, corporations, or sole proprietors are seeking financial compensation from one another. Some common reasons for these disputes include:

• Issues between tenants and landlords
• Personal injury claims
• Cases of stolen property
• Property damage
• Debt collection matters
• Disputes over auto repairs
• Construction-related issues
• Defective products
• Breaches of contracts or verbal agreements

Start a Case

If you believe your case qualifies as a small claim, the next step is to determine which county court will handle it. Choosing the correct court is crucial for completing the necessary forms and knowing where to submit them. You should file your case in the county where at least one of the following applies:

• The defendant (the person you’re suing) lives there
• The defendant works there regularly
• The defendant has a business office there If the defendant is a student, file in the county where they attend school. For disputes about 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, which includes the 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 associated costs.

d) Trial Date:

• When you file, the clerk will schedule the trial date and fill it in on your form.
• 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 depending 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 may 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 for serving them:

1. Formal Notification | Personal Service:
   • Process Server: You can hire a process server or contact the Sheriff’s office in the county where the defendant lives or works. The server will deliver the necessary forms and complete the Return of Service section, which you’ll then file with the court.
   • Clerk’s Certified Mail: While this method is less preferred and may cause delays, you can ask the clerk to send the forms via certified mail. Be prepared to pay for this when filing. If the mail service fails, you'll need to resort to personal service.
2. Serving a Business or Government Agency:
   • For a Business: Visit www.sos.state.co.us to find the registered agent for the business and serve the paperwork to them. Ensure you follow Rule 304 of the Colorado Rules of County Court Civil Procedure for proper service based on the business's organization.
   • For a Government Agency: You may need to file a written notice with the Attorney General or another representative before you can file your case, as required by C.R.S. § 24-10-109.

Fees

Filing Fees:

• Claims of $500 or less: $31
• Claims over $500: $55

Additional Fees:

• Complaint Response:
  • $26 for claims $500 or less
  • $41 for claims over $500
• Response & Counterclaim:
  • $31 for claims $500 or less
  • $46 for claims over $500

Copy Fee:

• $0.25 per page

Mediation

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

You can access mediation services through the Colorado Office of Dispute Resolution by calling 720-625-5940 or 800-888-0001, extension 55940. You can also find private mediators listed online or in the Yellow Pages. Additionally, 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: Create notes or an outline of the events leading to the dispute to help you recall important 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 prepared to discuss your case openly and constructively with both 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 watch a case. Observing a trial can help you feel more comfortable and better prepare for your own.

Prepare Your Evidence

• Types of Evidence: Collect all relevant materials, such as documents, photographs, letters, printed emails, charts, receipts, and anything else that supports your case.
• Organize and Label: Number your exhibits starting from 1, and make copies for the defendant(s) and the judge. If you need the courthouse staff to make copies, keep in mind that there will be a fee.

Arrange Witnesses

• Voluntary Witnesses: Ask witnesses to testify voluntarily if possible.
• 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 prepared to testify if you think it will strengthen your case.

On the Day of Your Trial

Courtroom Etiquette

• Be Punctual: Arrive on time to show respect for the court and the proceedings.
• Manage Your Phone: Make sure to turn off your cell phone before entering the courtroom to avoid distractions.
• Show Respect: Treat everyone in the courtroom with respect, even if you’re feeling frustrated. Always address the judge as "Your Honor" or "Judge."
• Follow Instructions: If the judge asks you to speak with the other party to explore the possibility of a settlement, be sure to follow their instructions.

During the Trial

• Listen Carefully: Pay close attention and take notes while witnesses testify. This will help you remember important details.
• Present Your Case Clearly: When it’s your turn, present your case in a straightforward manner. Respond to any questions from the judge thoughtfully.
• State Your Desired Outcome: Clearly articulate what outcome you are seeking from the court. Being specific about your goals will help the judge understand your position.

Trial Outcome

Court’s Decision

• The court will evaluate 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.

Collecting the Judgment

• The party who is awarded the judgment is responsible for collecting the money themselves, as the court does not handle the collection process on your behalf.

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 is required to answer, helping you gather information about their ability to pay.

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 expiration and you haven't collected, you can request an extension. Check the section on extending the expiration date for more details.

Responsibility: You are responsible for collecting the judgment; the court will not assist you in this process.

Step 2: Ask

• Initial Request:
  • Consider writing to the debtor (whether an individual or a business) to request payment. While this isn’t mandatory, it may resolve the issue without needing further court action.
• Further Action:
  • If the debtor refuses to pay, you will 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:
  1. Judgment Creditor: You (the person owed money)
  2. Judgment Debtor: The person or business that owes you money
• Options for Collection:
  1. Garnishment:
  • To have money taken from wages or assets; refer to the Garnishment section for details.
  2. Put a Lien on Property:
  • 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, and 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.

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.

Courthouse Location:

1. Weld County Courthouse

901 9th Ave
P.O. Box 2038 (80632)
Greeley, CO 80631
(970) 475-2400
https://www.coloradojudicial.gov/location/weld-county-courthouse

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. - 4:00 p.m.

2. Weld County Courthouse

910 10th Ave
P.O. Box 2038 (80632)
Greeley, CO 80631
(970) 475-2400
https://www.coloradojudicial.gov/location/plaza-west

BUILDING HOURS

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

3. Weld County Centennial Center

915 10th Street
P.O. Box 2038 (80632)
Greeley, CO 80631
(970) 475-2400
https://www.coloradojudicial.gov/location/weld-county-centennial-center

BUILDING HOURS

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