How to File a Counterclaim in Colorado Small Claims Court

When a Counterclaim Makes Sense

If the person suing you actually owes you money — a contractor who damaged your property while doing shoddy work, a former tenant who trashed the unit, a buyer who bounced a check — you can file a counterclaim in the same case rather than starting a separate lawsuit. Colorado small claims court allows defendants to assert counterclaims directly on the JDF 250 form.

A counterclaim is not a defense. It is your own separate claim for money or relief against the plaintiff. You can dispute the plaintiff's claim and file a counterclaim at the same time.

How to File: The JDF 250 Counterclaim Section

Flip the JDF 250 to Part 2 (the reverse side). Below the defendant's response section, there is a counterclaim section where you describe what the plaintiff owes you and the dollar amount. Complete both the response and the counterclaim sections, sign the form, and file it with the court clerk.

The combined filing fee is $31 if both the plaintiff's claim and your counterclaim are $500 or less; if either is over $500, the fee is $46. You also need to serve a copy of the completed counterclaim on the plaintiff before the trial date.

The $7,500 Decision Point

Colorado small claims court has a strict $7,500 jurisdictional cap under C.R.S. § 13-6-403. If your counterclaim exceeds $7,500, you have two options:

Option 1: Waive the excess. Check the waiver box on JDF 250. You voluntarily cap your recovery at $7,500 and give up the rest. The case stays in small claims court, which means faster resolution and simpler procedure.

Option 2: Remove the case to a higher court. File Form JDF 251 ("Notice of Removal") with the court clerk at least 7 calendar days before the trial date, along with the transfer filing fee. The case moves to County Court (for counterclaims up to $25,000) or District Court (for larger amounts). Transfer fees range from $85 to $135 for County Court and $235 for District Court.

Removal changes everything about the case. You leave the informal small claims environment and enter regular civil court, where formal rules of procedure apply, attorneys can represent both sides, and discovery is available.

The 7-Day Deadline for Removal

If you are going to remove the case, the JDF 251 must be filed at least 7 calendar days before the scheduled trial date. Miss that window and you lose the removal option — your only choice is to waive anything above $7,500 and stay in small claims.

Counterclaim Strategy by Dispute Type

Contractor disputes: If a contractor sued you for unpaid work but left the job unfinished or caused property damage, your counterclaim covers the cost to complete or repair the work.

Landlord-tenant: A landlord being sued for a security deposit may have a counterclaim for damages to the rental unit beyond normal wear and tear. A tenant being countersued should document the deposit, move-out condition, and the landlord's compliance with Colorado's deposit return timeline under HB 25-1249.

Vehicle sales: If a buyer is suing you after a private sale, a counterclaim might cover damage they caused to the vehicle before the dispute, or amounts they still owe from the purchase.

Get the Full Counterclaim Routing Worksheet

The Responding to a Small Claims Case in Colorado guide includes a counterclaim routing worksheet that walks you through the waive-vs-remove decision, calculates the fees, and tracks the 7-day filing deadline.

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