Claim amount CANNOT exceed $25,000.00.
Steps to Filing Your Case
Complete the Appropriate Forms
- Fill in all the blanks on the Complaint form. You are the plaintiff and the person(s), company, or other entity you are suing is/are the defendant(s).
- Complete all necessary information on the form. If you are filing against multiple defendants in the same action list all the defendants.
- Answer Under Simplified Civil Procedure – Complete the caption (plaintiff, and defendant information only) on the Answer form.
File With the Court
- Provide the Court with two copies of the completed documents.
- Pay a NONREFUNDABLE filing fee.
- Your case will be set for a “Return” court date.
- The clerk will set your court date and complete the appropriate fields on the Summons form.
- The court date will be made returnable no less than 14 days nor more than 63 days from the date of issuance.
Serve the Complaint, Summons and Answer Forms
- It is required by the Colorado Rules of County Court Civil Procedure that service be completed at least 14 days before the scheduled Return Court Date.
- Each defendant must be served.
- Service on the defendant(s)
- Select either the Sheriff’s Department, a private process server, or someone who is 18 years or older and 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 a completed Affidavit of Service to you.
- File the Affidavit of Service with the Court on or before your Return Date.
- Keep a copy of the Affidavit of Service for your records.
Responding to the Summons and Complaint
- Complete the Answer Under Simplified Civil Procedure form.
- File the Answer Under Simplified Civil Procedure in writing with the Court; stating your defense(s), and if applicable, a counterclaim and any allegations with regard to the plaintiff.
- The purpose of the answer is for the defendant to respond to the allegations in the complaint and to state any claims against the plaintiff that the defendant might have.
- The Answer and/or Counterclaim may be filed on or before the specified time to appear on the Summons.
- If a Counterclaim is filed, the defendant must personally serve the plaintiff with the Counterclaim.
- The defendant may request a Trial by Jury. The Jury Demand fee must be paid along with the answer and/or counterclaim fee.
- All fees paid are NONREFUNDABLE.
Appear on your scheduled court date. If you fail to appear, your case may be dismissed. If you are the defendant and you do not appear or respond to the Complaint, a Default Judgment could enter against you.
- It is important that you are on time or early for your court appearance and that you have all of your information with you.
- Please turn off your cell phone and respect all parties in the courtroom.
- You may be asked to speak to the other party at this time to determine if the claim can be settled to avoid going to trial.
- Possible outcomes when you return to court are;
- Judgment enters,
- An agreement is reached, or
- Your case will be set for trial
If you do not understand this information, please contact an attorney.
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