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Denver County Court

Filing a Small Claims Case

YOU MAY USE THE DENVER SMALL CLAIMS COURT IF:

  • Your claim is for money, property, specific performance of a contract or enforcement of a restrictive covenant that does not exceed $7,500.00. You may reduce a larger claim and waive the balance. You cannot divide a claim and file two separate cases.
  • At least one of the parties you sue resides, is regularly employed, has an office for the transaction of business, or is a student at an institution of higher education in Denver County, or they own rental property in Denver County that is the subject of the claim.
  • You pay a NONREFUNDABLE filing fee.

If you are the defendant do not disregard the Notice, Claim and Summons to Appear for Trial. A judgment could be entered against you, and the other party could start collection procedures.

If you are the plaintiff do not disregard a response or counterclaim. A judgment could be entered against you, and the other party could start collection procedures.

FILING WITH THE COURT

Plaintiff Information

Complete the Notice, Claim, and Summons to Appear for Trial

  • Identify the names and addresses of the plaintiff(s) and defendant(s) in the caption. (At least one of the DEFENDANTS must reside, be regularly employed, have an office for the transaction of business, be a student in an institution of higher education or own rental property in Denver County.)
  • In addition, if the defendant(s) is/are a business or an entity go online at www.sos.state.co.us (select registered agent search) to determine who the registered agent is to complete service on the defendant(s). NOTE: It is important that you identify how the defendant’s business is organized. For example, if the business is a sole proprietorship, corporation, etc. Rule 304 of the Colorado Rules of County Court Civil Procedure identifies how service should be completed based on the type of business and this information will assist the individual who serves the Notice, Claim, and Summons to Appear for Trial.
  • If the defendant is a governmental agency, you may be required to file a written notice with the Attorney General or other government representative, prior to filing your case with the court, pursuant to §24-10-109, C.R.S.
  • Please answer all four questions with YES or NO.
  • The Court will complete the box with the scheduled Court Trial date once you file your papers.
  • Under the plaintiff(s) claim section please write a brief description of your claim. Include what you are claiming, the amount you are requesting, and a summary of reasons to support your claim.
  • You must complete all 4-parts of the Notice, Claim and Summons to Appear For Trial    and  PRINT all pages of the form.  
  • Do not attach any exhibits or paperwork to this form.

File Your Form With the Court

  • Provide the Court with the Form. Bring all four parts (11 pages) with you when you file.
  • The clerk will complete the section that identifies the date and time for the Court Trial. The Court Trial will be scheduled approximately 30 days from the date of filing.
  • Pay a NONREFUNDABLE filing fee.

Serve the Notice, Claim and Summons to Appear for Trial

It is important that service of the Notice, Claim, and Summons to Appear for Trial (part 2) be completed at least 15 day before the trial date. If not, the trial date will need to be rescheduled or your case may be dismissed.
A separate copy of the “Defendant’s copy” (part 2) must be served on each defendant. If there is more than one defendant, you may make copies of the “Defendant’s copy” (3 pages) for each defendant.

Options for Service

  • Personal Service
    • Take the “Defendant’s copy” (part 2) and “Affidavit of Service” (part 4) portion of the Notice, Claim, and Summons to Appear for Trial to the Sheriff, a private process server, or someone you know who is 18 years of age or older, who is not a party to the case, and who knows the Rules of Service to serve the defendant(s). There is a service fee that is payable to the Sheriff’s Department or Private Process Server. The fee for service is usually awarded as part of your court costs if you win your case.
    • The process server will return the completed affidavit of service portion of the form to you.
    • File the Affidavit of Service with the Court on or before your Trial Date.
    • Keep a copy of the Affidavit of Service for your records.
  • Certified Mail by the Clerk of Court
    • You may request the Court send the notice by certified mail. Only the Court can do this.  Certified mail is NOT the preferred form of service and could result in a delay of your Court Trial.
    • You will be required to pay the cost of certified mail at the time you file your case.
    • If certified mail cannot be completed, you will still need to make arrangements to have the defendant(s) served.

Defendant Information

If you have been served with a Summons and you fail to appear on the trial date shown of the notice, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must;

  1. File a written response or counterclaim with the Court Clerk on or before the scheduled trial date.
  2. Provide a copy to the plaintiff(s).
  3. Pay a NONREFUNDABLE filing fee.
  4. Appear on the date set for trial on the notice, with all evidence and witnesses needed to establish your defense.

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