> Quick facts: Colorado County Court · $7,500 limit · Attorneys prohibited at the hearing · Filing fees from $31 · 60-day security deposit return window
Introduction: Two Things That Make Colorado Small Claims Unusual
Before you fill out a single form, there are two Colorado-specific rules that catch most people off guard.
First: Colorado is one of the few states in the country where attorneys are completely banned from representing parties at the hearing itself. Under C.R.S. § 13-6-407, you and your opponent must argue your own case. A lawyer can advise you beforehand, review your documents, help you prepare a script — but the moment the hearing starts, you are on your own. That sounds scary, but it is actually the whole point. The legislature designed Colorado small claims court to be a level playing field where regular people can resolve disputes without $300-an-hour legal fees eating up the very money they are trying to recover.
Second: Colorado's security deposit return window is unusually long — 60 days (or 30 days if no deductions are claimed), compared to just 14–21 days in most neighboring states. If you are a tenant whose landlord is stonewalling you, that timeline matters. Miss it and you could be sitting on a triple-damages claim worth far more than your original deposit.
This guide walks you through every step of the Colorado small claims process: filing, serving the defendant, preparing for your hearing, collecting your judgment, and understanding exactly what the law says about security deposits. By the end, you will know whether small claims court is the right venue for your dispute — and precisely how to win it.
What Is Colorado Small Claims Court?
Colorado's small claims division operates inside the County Court system, governed primarily by C.R.S. § 13-6-401 through § 13-6-415. It is a simplified, informal court designed to resolve disputes involving $7,500 or less (C.R.S. § 13-6-403).
Key Rules at a Glance
| Court name | Colorado County Court — Small Claims Division |
| Governing statute | C.R.S. § 13-6-401 et seq. |
| Attorneys at hearing | PROHIBITED (C.R.S. § 13-6-407) |
| Attorney for advice only | Allowed |
| Counterclaims | Allowed up to $7,500 |
| Who can file | Individuals, businesses, corporations |
What Kinds of Cases Qualify?
- Unpaid loans between friends or family
- Security deposit disputes with landlords
- Property damage (car accidents, neighbor damage, contractor work)
- Unpaid invoices for goods or services
- Breach of written or oral contracts
- Bad checks (returned/NSF checks)
Cases involving libel, slander, family law, or claims above $7,500 must go to a different court.
How Colorado Compares to Neighboring States
Before you commit to filing in Colorado, it helps to know how your state stacks up against neighbors. If your dispute crosses state lines — say, a contractor based in Utah did work on your Colorado home — knowing each state's rules can influence where you file.
| State | Court Name | Claim Limit | Attorneys Allowed? | Filing Fee (approx.) |
| Colorado | County Court — Small Claims | $7,500 | No (hearing) | $31–$80 |
| Utah | Justice Court | $11,000 | Yes | $60–$185 |
| New Mexico | Magistrate Court | $10,000 | Yes | $40–$85 |
| Wyoming | Circuit Court | $6,000 | Yes | $30–$60 |
| Nebraska | County Court | $3,600 | Yes | $45 |
| Kansas | District Court | $4,000 | Yes | $48 |
Colorado's attorney ban is genuinely rare. Most states allow attorneys. The ban keeps costs down and cases moving fast — the average Colorado small claims hearing is resolved in 60–90 days from filing.
Step 1: Send a Demand Letter First
Before you file, always send a formal demand letter. Courts look favorably on plaintiffs who made a good-faith effort to resolve the dispute. A demand letter:
1. Puts the other party on official notice
2. Gives them a deadline (typically 10–14 days) to pay or respond
3. Demonstrates to the judge that you tried to settle
4. Sometimes resolves the dispute entirely — saving you the filing fee and court time
Your demand letter should state the amount owed, the legal basis for the claim, the deadline for payment, and a clear statement that you will file in County Court small claims if they do not respond.
Don't write your demand letter from scratch. LetterCraft generates professional, state-specific demand letters in minutes. Whether you are pursuing an unpaid invoice, a security deposit, or property damage, LetterCraft formats your letter properly, cites the correct Colorado statutes, and gives you a PDF you can send immediately — via certified mail, email, or both.
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Step 2: Check Your Statute of Limitations
The statute of limitations is the deadline by which you must file your lawsuit. Miss it and the court will dismiss your case — no matter how strong it is. Colorado has different deadlines depending on the type of claim.
| Claim Type | Deadline | Governing Statute |
| Written contract | 6 years | C.R.S. § 13-80-103.5 |
| Oral (verbal) contract | 3 years | C.R.S. § 13-80-101 |
| Property damage | 2 years | C.R.S. § 13-80-102 |
| Personal injury | 2 years | C.R.S. § 13-80-102 |
| Bad checks | 6 years (written instrument) | C.R.S. § 13-80-103.5 |
The clock starts from the date the harm occurred, the contract was breached, or you discovered the damage — whichever is later. If you are close to the deadline, file first and negotiate later. You can always withdraw a case, but you cannot un-miss a statute of limitations.
Pro tip: Use our free Small Claims Limits & Deadlines Tool to double-check your state and claim type before filing.
Step 3: Filing Your Small Claims Case
Where to File
File in the County Court for the county where:
- The defendant lives or does business, or
- The dispute arose (e.g., where the contract was signed or the property is located)
Colorado has 64 counties, each with its own County Court. Find yours at the Colorado Judicial Branch website.
What Forms Do You Need?
You will need to complete:
- JDF 250 — Notice, Claim and Summons to Appear for Trial (the main small claims form)
- Supporting documentation: contracts, invoices, photos, text messages, receipts
The JDF 250 form is available at every County Court clerk's office and on the Colorado Judicial Branch website.
Filing Fees
Colorado's filing fees are set by statute and are based on the amount you are claiming:
Additional fees may apply for service of process (sheriff service, certified mail, etc.). If you cannot afford the filing fee, ask the clerk about a fee waiver — Colorado courts offer them for qualifying low-income filers.
Filing In Person vs. By Mail
Most counties require in-person filing. Some accept mail filings; call your local County Court clerk to confirm. Bring:
- Completed JDF 250 form (two copies)
- All supporting documents (copies, not originals)
- Payment for the filing fee (cash, check, or card depending on the court)
Once filed, the court will assign a hearing date — usually 30–70 days out.
Step 4: Serving the Defendant
Filing your claim is only half the battle. The defendant must be legally served — officially notified of the lawsuit — before the hearing can proceed. In Colorado, service can be accomplished by:
1. Sheriff service — The county sheriff's office serves the defendant in person. Most reliable method; fees typically $20–$40.
2. Certified mail — The court or plaintiff mails the summons via certified mail, return receipt requested.
3. Personal service by a non-party adult — An adult (not involved in the case) delivers the papers in person.
Service must be completed at least 15 days before the hearing date. If service fails (the defendant dodges the sheriff, refuses certified mail, etc.), contact the clerk's office immediately to discuss alternatives.
Keep your proof of service document (the sheriff's return, the green certified mail card, or the affidavit of service). The court will need it at the hearing.
Step 5: Preparing for Your Hearing
Because attorneys are banned from the hearing under C.R.S. § 13-6-407, your preparation is everything. Here is a pre-hearing checklist to make sure you walk in ready.
Pre-Hearing Checklist
- [ ] Organize all evidence — contracts, invoices, receipts, photos, text messages, emails
- [ ] Prepare a timeline — write a one-page chronological summary of the dispute
- [ ] Gather witnesses — if someone witnessed the damage, the handshake agreement, or the non-payment, bring them or arrange for a written statement
- [ ] Calculate your damages precisely — itemize every dollar you are claiming; the judge may ask you to justify each line
- [ ] Practice your opening statement — 2–3 minutes, factual, calm, organized
- [ ] Research the law — bring printed copies of any statutes or case law you cite
- [ ] Bring extra copies — one for the judge, one for the defendant, one for yourself
- [ ] Dress professionally — first impressions matter even in small claims court
- [ ] Arrive early — check in with the clerk, find your courtroom, review your notes
- [ ] Remain calm and respectful — judges respond to composure, not emotion
What Happens at the Hearing
The judge will call your case, ask both parties to present their side, review evidence, and may ask questions. The entire hearing is typically 15–30 minutes. The judge may rule immediately ("from the bench") or mail a written decision within a few days.
Colorado Security Deposit Law: What Landlords Must Do
Security deposit disputes are one of the most common reasons people file in Colorado small claims. Here is exactly what the law requires.
Return Deadline
Under C.R.S. § 38-12-103, a Colorado landlord must return your security deposit within:
- 30 days if there are no deductions
- 60 days if the landlord is claiming deductions (or a longer period specified in the lease, up to 60 days)
This is notably longer than most states. Arizona, for example, requires return within 14 days. Nevada allows just 30 days with deductions. Colorado's 60-day window sometimes catches tenants off guard — but it also creates a longer window during which a landlord who fails to comply is racking up liability.
What the Landlord Must Provide
Along with any refund, the landlord must provide:
- A written itemized list of all deductions
- Receipts or invoices for repair work (if applicable)
Penalty for Wrongful Withholding
If a landlord wrongfully withholds the deposit, C.R.S. § 38-12-103 entitles the tenant to:
- 3× the amount wrongfully withheld, plus
- Reasonable attorney fees
Example: If your $2,000 deposit is wrongfully withheld, you could recover $6,000 plus attorney fees — even though you are representing yourself and attorney fees may be nominal or zero.
How to File a Security Deposit Claim
1. Send a written demand letter citing C.R.S. § 38-12-103 and the triple-damages penalty — LetterCraft generates this for you
2. Wait for the landlord's response (allow 10–14 days)
3. If no response or refusal, file in the County Court for the county where the rental property is located
4. Bring your lease, move-in and move-out inspection reports, photos, and your demand letter
Enforcing Your Judgment
Winning in court is step one. Actually collecting your money is step two — and it requires its own strategy. See our complete guide: How to Collect a Small Claims Judgment.
Under C.R.S. § 13-54-104, Colorado offers several enforcement tools once you have a judgment:
Wage Garnishment
- Garnish up to 25% of the defendant's disposable earnings per pay period
- File a "Writ of Garnishment" with the court; serve it on the employer
- The employer withholds the garnished amount from each paycheck and sends it to you
Bank Account Levy
- If you know where the defendant banks, you can garnish their bank account directly
- File a Writ of Garnishment directed at the financial institution
- The bank freezes the account up to the judgment amount and remits funds to the court
Judgment Lien on Real Property
- Record your judgment with the county clerk and recorder where the defendant owns property
- The judgment becomes a lien on any real estate they own in that county
- When they sell or refinance, your judgment must be paid off first
Helpful Tips for Collection
- Search public records to find employer information, vehicle registrations, and real property ownership
- Renew your judgment — Colorado judgments are valid for 6 years and can be renewed
- Interest accrues on unpaid judgments at the statutory rate (currently 8% per annum)
- If the defendant has no assets today, revisit collection in 6–12 months; circumstances change
Frequently Asked Questions
1. Can I bring a lawyer to my Colorado small claims hearing?
No. C.R.S. § 13-6-407 explicitly prohibits attorneys from representing parties at the hearing. You must present your own case. However, you may consult with an attorney beforehand to prepare.
2. What is the maximum I can sue for in Colorado small claims court?
$7,500, under C.R.S. § 13-6-403. If your claim exceeds this amount, you must file in the County Court's civil division or waive the excess.
3. How much does it cost to file a small claims case in Colorado?
Fees range from $31 (claims up to $500) to $80 (claims up to $7,500), plus service fees. See the fee table in Step 3 above.
4. How long do I have to file after the incident?
It depends on the claim type: 6 years for written contracts (C.R.S. § 13-80-103.5), 3 years for oral contracts (C.R.S. § 13-80-101), and 2 years for property damage (C.R.S. § 13-80-102).
5. My landlord kept my deposit. How long did they have to return it?
Under C.R.S. § 38-12-103, your landlord had 30 days if they made no deductions, or 60 days if they claimed deductions. Failure to meet this deadline entitles you to 3× the wrongfully withheld amount plus attorney fees.
6. What happens if the defendant doesn't show up to the hearing?
The judge will likely enter a default judgment in your favor, assuming your evidence supports your claim. Make sure you still bring all your documentation.
7. Can I file a small claims case against a business?
Yes. Businesses, corporations, LLCs, and sole proprietors can all be defendants in Colorado small claims court.
8. What if I disagree with the judge's decision?
You have 15 days to file an appeal to the District Court. The appeal is a new ("de novo") hearing, not a review of the original hearing. Appeals cost additional fees and the defendant may now bring an attorney.
9. Can the defendant counterclaim against me?
Yes. If the defendant believes they are owed money from you, they can file a counterclaim for up to $7,500. You will be notified before the hearing.
10. Do I need a lawyer to send a demand letter?
No. A well-drafted demand letter citing the correct Colorado statutes is something you can prepare yourself — or generate instantly using LetterCraft. Most demand letters are resolved without ever going to court.
The Bottom Line
Colorado small claims court is a powerful, accessible tool for anyone owed up to $7,500. The attorney ban makes it uniquely democratic — you stand before the judge on equal footing with a Fortune 500 company if need be. The 60-day security deposit return window and triple-damages penalty are unusually tenant-friendly. And the filing fees are modest enough that a $500 dispute is genuinely worth pursuing.
Your action plan:
1. Send a demand letter → Generate it at LetterCraft
2. Check your statute of limitations → Use our free tool
3. File at your County Court
4. Serve the defendant properly
5. Prepare your evidence and appear at your hearing
→ Start your Colorado demand letter now
Related Resources
This guide is for informational purposes only and does not constitute legal advice. Laws change; verify current statutes at the Colorado General Assembly website. For complex disputes, consult a licensed Colorado attorney.
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