Colorado Small Claims Court Fees for Defendants: Complete Breakdown
Yes, Defendants Pay Fees Too
Getting sued in Colorado small claims court costs money even if you did nothing wrong. The court charges a response filing fee just to participate in the case. The amount depends on the claim value and whether you file a counterclaim.
Here is the full fee schedule.
Response Filing Fees (No Counterclaim)
| Claim Amount | Response Fee |
|---|---|
| $1 – $500 | $26 |
| $501 – $7,500 | $41 |
You pay this when you file your completed JDF 250 response with the court clerk, on or before the trial date.
Response With Counterclaim Fees
| Plaintiff's Claim and Counterclaim | Combined Fee |
|---|---|
| Both are $500 or less | $31 |
| Either is over $500 (within the $7,500 small claims cap) | $46 |
If you are filing a counterclaim within the $7,500 small claims cap, the combined response-and-counterclaim fee replaces the standalone response fee.
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Removal Fees (For Counterclaims Over $7,500)
If your counterclaim exceeds $7,500 and you choose to remove the case to a higher court using Form JDF 251, the transfer fees are separate:
| Destination Court | Fee Range |
|---|---|
| County Court (up to $25,000) | $85 – $135 |
| District Court (over $25,000) | $235 |
These fees are paid at the time you file the Notice of Removal, at least 7 days before the trial date.
Mediation Fees
Many Colorado judicial districts require pre-trial mediation through the Office of Dispute Resolution (ODR) or a local court-connected program. ODR contract-neutral mediation costs $30 per party per hour. With an approved fee waiver, it costs $15 per party per hour. The state's e-ODR online platform offers free digital mediation for eligible cases.
Fee Waivers: Form JDF 205
If you cannot afford the response filing fee, file Form JDF 205 ("Motion to File Without Payment and Supporting Financial Affidavit") under Chief Justice Directive 98-01. The form requires you to disclose monthly household income, liquid assets, and living expenses, with supporting documents like pay stubs, W-2s, or public assistance award letters.
The waiver may be full or partial, so check the order to see which filing fees it covers. An approved fee waiver also reduces ODR mediation to $15 per party per hour.
Can You Recover Your Fees If You Win?
Court costs — including the response filing fee — can be included in the judgment if the magistrate rules in your favor. The court has discretion to award costs to the prevailing party.
Track Every Cost With the Fee Calculator
The Responding to a Small Claims Case in Colorado guide includes a fee calculator worksheet that totals your response fee, potential counterclaim fee, mediation costs, and removal fees so you know your total exposure before the hearing.
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Download the Colorado Small Claims Response Checklist — a printable guide with checklists, scripts, and action plans you can start using today.