Colorado Small Claims Court Statute of Limitations

Deadlines by Type of Claim

Colorado sets time limits on how long you have to file after a claim accrues. A valid limitations defense can bar a claim. The time period depends on the claim:

3 years:

• Written contracts (C.R.S. § 13-80-101(1)(a))
• Oral and unwritten contracts (same statute)
• Motor vehicle damage and collision claims (C.R.S. § 13-80-101(1)(n))

1 year:

• Claims for treble damages under C.R.S. § 38-12-103 (C.R.S. § 13-80-103(1)(d)); file within one year of moving out

6 years:

• Actions to recover a liquidated debt or determinable amount due, including many promissory-note claims (C.R.S. § 13-80-103.5(1)(a)). Negotiable instruments may have separate rules under C.R.S. § 4-3-118.
• Claims to recover the actual security deposit, court costs, and attorney's fees; file within six years of moving out

2 years:

• General property damage and tort claims (C.R.S. § 13-80-102(1)(a))

182 days (special notice requirement):

• Claims covered by the Colorado Governmental Immunity Act (C.R.S. § 24-10-109) require written notice within 182 days after discovery of the injury — about 6 months — before an action under the Act can proceed

When the Clock Starts

The time limit runs from the date the claim accrues, and the trigger depends on the type of claim.

For contract disputes, a claim for breach accrues when the breach is discovered or should have been discovered with reasonable diligence. A claim for a debt or money owed accrues when the amount becomes due (C.R.S. § 13-80-108(4), (6)). Examples include a missed payment or a contractor abandoning the job.

For general property damage, the clock starts when both the injury and its cause are known or should have been known with reasonable diligence (C.R.S. § 13-80-108(1)). The discovery date can be disputed.

For security deposits, the deadlines measured from moving out are one year for treble damages and six years to recover the actual deposit, court costs, and attorney's fees.

For motor vehicle injury or property-damage claims, the clock starts when both the injury or damage and its cause are known or should have been known with reasonable diligence (C.R.S. § 13-80-108(12)); this is often the collision date.

Calculating Your Deadline

Count forward from the triggering event. If a contractor abandoned your renovation on March 15, 2024, you have until March 15, 2027 to file a written-contract claim. If you discover property damage from a neighbor's tree on June 1, 2025, you have until June 1, 2027 for a tort claim.

Do not cut it close. Filing involves completing Form JDF 250, paying the fee at the clerk counter, and getting the clerk's stamp — the filed date is when the clerk receives your paperwork, not when you mail it or start filling out the form.

What Happens If the Deadline Passes

If the statute of limitations has expired, the defendant can raise it as an affirmative defense, and a valid defense can bar the claim. There is no general extension for a missed deadline; applicable accrual rules and limited tolling exceptions may affect the calculation.

The discovery rule can affect when some deadlines begin, including for general property damage. Whether an accrual rule or tolling exception applies depends on the claim.

Government Entity Claims Are Different

For a claim covered by the Colorado Governmental Immunity Act, written notice must be filed within 182 days after discovery of the injury. The claim cannot be brought until the public entity denies it or 90 days have passed after the notice was filed, whichever comes first. These requirements are separate from the underlying statute of limitations, and failure to give timely notice can bar the action.

Knowing your exact deadline is the first eligibility check before filing. The Colorado small claims filing guide includes a deadline calculator that maps your dispute type to the correct limitation period and counts backward from your filing date.

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