How do I file the small claims paperwork?
Who Should Be the Plaintiff and Who Should be the Defendant
If you have a business and have formed a separate company or entity, a case against a customer should ordinarily list your business as the plaintiff. If you dealt with (for example, signed a contract with or made a payment to) a separate company or entity, you will usually want to list the company or entity as the defendant and not an individual employee or the owner.
Where to File Your Case
If the defendant is an individual, you must file your case in the county where the defendant lives, works, or is a full-time student.
OR, if the defendant is a company or entity, you must file your case in the county where the company or entity has an office for the transaction of business.
OR, if you are suing for a security deposit or to enforce a restrictive covenant, you may file your case in the county where the property is located.
Information for Specific Types of Cases
See below for links to rules.
- To sue the government: You will want to read Colorado Revised Statutes §§ 24-10-102 to 24-10-120 about governmental immunity and providing notice to the government prior to filing your lawsuit.
- To sue a licensed professional for malpractice: You will need to read Colorado Revised Statutes § 13-20-602 about obtaining a certificate of review.
- To sue for the return of a security deposit: You should read Colorado Revised Statutes §§ 38-12-101 to 38-12-103.
- To sue for a dishonored check: You may be able to request three times the amount of the check or other penalties explained in Colorado Revised Statutes § 13-21-109.
- To sue for unpaid wages: You might qualify for penalties under Colorado Revised Statutes §§ 8-4-101 to 8-4-123 and may want to contact the Colorado Department of Labor and Employment.
- To sue for repair to an automobile: You should read Colorado Revised Statutes §§ 42-9-101 to 42-9-113.
Links to Laws
Rules for Where to File a Case
Colorado Rule of County Court Civil Procedure, Rule 503
Laws for Suing the Government
Colorado Revised Statutes §§ 24-10-102 to 24-10-120
Law for Suing a Licensed Professional
Colorado Revised Statutes § 13-20-602
Laws for Suing for Return of Security Deposit
Colorado Revised Statutes §§ 38-12-101 to 38-12-103
Law for Suing for a Dishonored Check
Colorado Revised Statutes § 13-21-109
Laws for Suing for Unpaid Wages
Colorado Revised Statutes §§ 8-4-101 to 8-4-123
Laws for Suing for Car Repairs
Colorado Revised Statutes §§ 42-9-101 to 42-9-113
Links to Forms and Websites
Small Claims Instructions (JDF 248)
Notice, Claim & Summons to Appear for Trial (JDF 250)
Motion to File without Payment and Supporting Financial Affidavit (JDF 205)
Colorado Secretary of State Business Entity Search
Filing the Starting Paperwork
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