What to do if the person suing me owes me money (how to file a counterclaim)
Filing a Counterclaim
As a part of the small claims case, you have the opportunity to sue the plaintiff back. If you think the plaintiff owes you money or that the court should order the plaintiff to take some action, you can fill out the counterclaim part of the Answer form. You will have to clearly state why you are suing the plaintiff. If you would like to sue for more than $7,500, you must file a Notice of Removal along with your answer and counterclaim at least 7 days before your first trial date. The case will then be moved to the higher court (County Court if you are suing for $15,000 or less or District Court if you are suing for more than $15,000). You will need to pay the filing fee for the court to which it is moved. Read Colorado Rule of Civil Procedure for Small Claims Court, Rule 508 for more information on filing a counterclaim (see below for a link to the rule).
Information for Specific Types of Cases:
See below for links to laws.
- 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.
Link to Form
Notice, Claim & Summons to Appear for Trial (JDF 250) (Answer)
Fill out Part 2
Links to Laws and Rules
Rules on Filing a Counterclaim
Colorado Rule of Civil Procedure for Small Claims Court, Rule 508.
Laws for Suing the Government
Colorado Revised Statutes §§ 24-10-102 to 24-10-120.
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.
Law for Suing a Licensed Professional
Colorado Revised Statutes § 13-20-602.
Responding to a Small Claims Case
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