How to File a Small Claim

Last Reviewed

September 2026

Small claims court can feel confusing and overwhelming, whether you are the one filing or the one being sued. This guide explains:

What a small claim is
The requirements to meet before filing a small claim
A step-by-step procedural guide for small claims in Colorado’s Small Claims Courts
Other things that may apply in a small claim lawsuit.

What is Small Claims Court?

Small Claims Court is the court that handles cases involving less than $7,500. The process is simpler than other courts, and it is designed for people to go to court without an attorney.

Usually, Small Claims cases can involve requests for money, contract disputes, and return of rental security deposits.

What types of cases can't be in Small Claims Court?

Some cases are not allowed to go through Small Claims Court. Some of those are:

Probate issue (wills, trusts, post-death issues, etc.)
Mental health matters
Family law
Cases about real estate boundaries
Class-action lawsuits
Evictions
Cases where you ask the court to order someone to continue or stop doing something.
- For example, an order to continue paying child support or to stop construction.
Criminal cases

Is it too late for me to file a case?

It depends on the type of case you have. In Colorado, some types of cases have time limits on when you can file a lawsuit. This is called the statute of limitations. If you wait too long to file your case after something has happened (or after you learn that something has happened), you may be past the statute of limitations, and your case could be dismissed. The length of time depends on the type of case.

Some common statute of limitations periods in Colorado:

Contract: 3 or 6 years, depending on the type of contract.
Fraud/Misrepresentation: 3 years.
General Injury: 2 years.
Vehicle Injury: 3 years.
Any civil claim that does not have a specific period: 2 years.

Where do I file a case?

You should go to the courthouse to file your case. You must pick the correct county to file your case in and go to that courthouse. You can sue in the county where the other side:

Lives
Works
Has a business office (if you are suing a business)
Goes to school (if they are a college student)
Or (if the issue involves property) where the property is located

Important!
If someone sues you in the wrong county, and you feel that is unfair, you must tell the judge you don’t agree to have the court hear the case before you start defending yourself. You lose your right to have the case moved to a different court when you begin to defend yourself.

What is the step-by-step process to file a small claim?

Step 1: Start the lawsuit

Fill out Form JDF 250: Notice, Claim, and Summons to Appear for Trial. This form is 7 pages long, and it repeats itself. You need to fill out some pages with the same information.

Pages 1, 2, 4, and 6 are the same. Fill all of them out using these instructions:

Fill out the top portion of the form with the county you are filing your case in. Put your name, address, and phone number in the section for Plaintiff. Put the other side’s name, address, and phone number in the section for Defendant. Repeat this on each page where it is requested. (If you are suing a business, that business will have a person responsible for representing the business called a “registered agent”. You can find out who that person is on the Colorado Secretary of State’s website. Put that person’s information on the form where indicated.)
Answer the questions in sections 1-4 on each page by checking the correct box.
Leave the box that says “Notice and Summons to Appear for Trial” blank. The court clerk will fill this portion out.
In the next section, write how much money you think the other side owes you.
1. Remember, it must be less than $7,500 to file in Small Claims Court.
If you are requesting the return of any items, you need to describe those items specifically in the next blank section.
Write the date and sign your forms.

Leave page 3 blank. The other side will fill out this page. Page 5 is information for you to keep. Page 7 should be filled out later.

Look through the paperwork to make sure it is correct.

Part 1 (page 1) will be kept by the court.
Part 2 (pages 2-3) will be given back to you to give to the other side.
Part 3 (pages 4-5) are your copies to keep.
Part 4 (pages 6-7) will be returned to the court later.

Step 2: Take these forms to the courthouse and file them with the court clerk.

Pay the filing fee. The filing fee depends on the amount of the claim. You can request a fee waiver by filing out JDF 205: Motion to Waive Fees.

Note:
If the defendant is a government agency, you may be required to file a written notice with the Attorney General or other government representative before filing your case with the Court.

Step 3: Serve papers to the other side

This means that you have to give the other side court papers in a way that the law says gives them legal notice of the court case.

If you are suing more than one defendant, you will need to serve each defendant with a separate copy.

Read How to Serve Court Papers for more information.

Once you have done this, go back and fill out page 7 of your JDF 250 paperwork.

At the top, write down your name and the other side’s name. Write down the case number the court clerk gave you when you filed your paperwork.
Fill out the other side’s name, the date and time when they received their copy of the paperwork, and the address where they received the paperwork.
Mark the correct box for how the other side received the paperwork.
Have the person who gave the paperwork to the other side sign the bottom portion in front of a notary.
Return these forms to the court clerk.

You must serve the other side at least 15 days before your trial.

What if I am being sued in small claims court?

If you are the person being sued, and you get small claims paperwork, you must file a response with the court. You must complete Part 2 of the form JDF 250 on or before the trial date and pay the filing fee. You can request a fee waiver by filing out JDF 205: Motion to Waive Fees.

If you believe the person who sued you actually owes you money, you may file a counterclaim. A counterclaim is the defendant’s own claims in response to the Complaint.

To file a response, fill out your portion of the paperwork (Part 2 of JDF 250):

In the first blank spot, write down why you disagree with the other side. This is your response.
In the second blank spot, if you believe the other side owes you money, write why and how much money they owe you. This is your counterclaim.
Check the boxes below on the same form that apply to your situation.
Sign and date the form.
Take this to the court clerk and file it with them.

Removal: The entire lawsuit can be removed from Small Claims Court to a higher court in some instances. This means that the case would be heard by a different judge and a different type of court. However, this also means that the procedures may become more complicated and formal.

The higher courts are “above” Small Claims Court and can hear more complicated disputes and award more money (more than $7,500).
The lawsuit can be removed when:
- The court specifically requests this. (The court may decide that your case is too complicated for Small Claims Court or involves issues that the Small Claims Court is not allowed to decide.)
- The amount of money involved is over $7,500 after a counterclaim is filed.

Can we reach an agreement outside of court?

Yes. If you and the other side can reach an agreement together, you should write down the agreement on Form JDF 75: Stipulation. Both of you need to sign this form and file it with the court clerk. Your small claims case will be dismissed.

What if I am ordered to go to mediation?

Sometimes the court may order you and the other side to go to mediation to try to reach an agreement. Sometimes it may be helpful to go to mediation even if you are not ordered to do so.

In mediation, a neutral third person (the mediator) works with you and the other side to help you reach an agreement. Everything said in mediation is confidential so you can speak more freely and think about potential solutions. The court may order your case to mediation, or you can choose mediation to resolve your case without going to trial.

Colorado has a state-run Office of Dispute Resolution that can help you schedule a mediation. If you are low-income, some communities offer free or low-cost mediation. Talk with your court clerks or court staff to learn what is available in your community.

How should I get ready for small claims court?

If your case goes to trial, you should prepare beforehand. Your trial will be with a judge, not a jury. The judge will make decisions about which evidence they believe and which side the law supports.

Write down why you think you are right and the other side is wrong. This will help you put your thoughts into words, so that you can explain your side to the judge.
Put together any exhibits that support your side. Exhibits can include photographs, charts, receipts, emails, screenshots, or contracts. Label each document and make 3 or 4 copies of your exhibits. During trial, at least one copy will be given to the Court and one copy to the other party.
Decide if you need any witnesses. A witness is someone who directly observed something related to your case. They can tell the court what they personally saw or heard. You can ask the witness to appear in court voluntarily or request the Court to issue a subpoena to require the witness to attend the trial.

A subpoena is an order from the court telling a person they must appear to provide testimony in a hearing. You must request your subpoena 48 hours before the date and time of your hearing. To request a subpoena:

Fill out Form JDF 80.2
Fill out Form JDF 80.3
Bring both forms to the court clerk’s office. They will return these to you after they are signed.
Next, you must serve the subpoena on your witness. Make sure they receive a copy of the subpoena and JDF 80.1.
Once your witness is served, ask the person who served them to fill out JDF 98: Affidavit of Service.
Pay your witness any appropriate mileage reimbursement to come to court.

Prepare a few open-ended questions that you would like to ask your witnesses at the hearing. Discuss the substance of what you plan to ask them at the hearing. Don't tell them what to say or ask them to change their responses.

Examples of open-ended questions can include:
- What did you see Mr. X do to my car?
- When did you see this happen?
- Where was I standing when this happened?
- How did I respond?

Can I have a lawyer represent me?

Lawyers are generally not used in Small Claims Court. However, the person being sued (the defendant) may hire a lawyer. If they do, they must let the court know 7 days before the trial or the lawyer will not be allowed to appear.

If the defendant hires a lawyer, the person who started the case (the plaintiff) can hire one, too.

Neither side is entitled to a free lawyer in these types of cases, even if they are low-income.

Need more help?

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.