The Defendant's Answer or Other Filings

Defendant’s Answer

Before trial, the defendant must complete the Answer found on the second page of Part 2 of the Notice, Claim & Summons to Appear for Trial. The defendant’s Answer should state why the amount claimed or other action requested by you should not be allowed. The defendant also has the option of filing a counterclaim, requesting money from you or that some other action be taken against you.

Counterclaim and Notice of Removal

If the defendant wants a judgment against you for more than $7,500, the defendant must file a Notice of Removal along with the counterclaim exceeding $7,500 at least 7 days before your first trial date. Then, the case will be moved to a higher court (county court if the claim is $15,000 or less or district court if the claim is more than $15,000). Read Colorado Rule of Civil Procedure for Small Claims Courts, Rule 508 for more information on the defendant moving the case to a higher court (see below for a link to the rule).

Notice of Representation by Attorney

If the defendant chooses to be represented by an attorney, the defendant must file a Notice of Representation by Attorney with the court at least 7 days before your first trial date. Once the defendant files the Notice of Representation by Attorney, you may also hire an attorney to represent you in small claims court. Read Colorado Rule of Civil Procedure for Small Claims Court, Rule 520 for more information on attorney representation in small claims court (see below for a link to the rule).

Objection to Magistrate Hearing Case

If the defendant would like to have your trial in front of a judge, the defendant must file an Objection to Magistrate Hearing Case with the court at least 7 days before your first trial date. You also have the opportunity to object to a magistrate hearing the case and would likewise need to file the Objection to Magistrate Hearing Case at least 7 days before your first scheduled trial date. Once you or the defendant has filed the Objection, your trial will be scheduled in front of a judge. The Small Claims Rules of Procedure will still apply to your case as long as the defendant does not remove the case to a higher court (County Court or District Court). Read Colorado Rule of Civil Procedure for Small Claims Courts, Rule 511 for more information on having a judge hear your case (see below for a link to the rule).