How to File Small Claims in Colorado: Step-by-Step Process

Step 1: Confirm Your Claim Fits

Before anything else, verify three things. Your claim must be $7,500 or less in principal (C.R.S. § 13-6-403). The statute of limitations must not have expired — 3 years for contract actions except those covered by a separate limitation, 1 year for security deposit treble-damages claims, 6 years to recover the actual deposit and for actions to recover qualifying debts (including many promissory-note claims), and 2 years for general property damage and torts. Negotiable instruments may have separate rules under C.R.S. § 4-3-118. And the type of dispute must be something small claims court handles (money claims, return of property, contract enforcement — not evictions, defamation, or criminal matters).

Step 2: Identify the Defendant Correctly

This step trips up more filers than any other. If you are suing a business, you need the exact legal entity name — not the storefront name or the owner's name alone. Search the Colorado Secretary of State database at coloradosos.gov to find the registered entity name and the designated Registered Agent's address.

For sole proprietorships, name the individual owner followed by the trade name: "John Smith d/b/a Smith Woodworking." For LLCs and corporations, use the exact name on file with the Secretary of State.

Getting the name wrong can make your judgment unenforceable.

Step 3: Choose the Right County

Under C.R.C.P. Rule 503, you file in a county where the defendant lives, works, has a business office, or attends school. For security deposit disputes, you can also file in the county where the rental property sits. If you have multiple defendants, any county where at least one of them meets the criteria works.

Step 4: Send a Demand Letter (When Required)

A written demand letter is optional for most claims. For conduct on or after January 1, 2026, tenants seeking treble damages for a wrongfully withheld security deposit must notify the landlord of the demand for return and intent to file at least 7 days before filing under C.R.S. § 38-12-103. The landlord must also fail to return the deposit or withheld amount within 7 days after receiving that notice. State the amount, give the landlord 7 days to return it, and warn of legal action.

Even when not legally required, a demand letter can resolve the dispute without court. Many defendants settle after receiving formal notice.

Step 5: Complete and File Form JDF 250

Form JDF 250 is the 4-part, 7-page document that initiates your case. Fill in your name and address, the defendant's legal name and service address, the claim amount, and a plain-language description of what happened and what you are owed.

Sign the certification confirming you have not exceeded the filing frequency limits (2 claims per month, 18 per year in that county under C.R.S. § 13-6-405).

File at the county court clerk counter with your fee:

• $31 for claims up to $500
• $55 for claims between $500.01 and $7,500

If you qualify for a fee waiver (household income at or below 125% of the Federal Poverty Level, or active enrollment in SNAP, TANF, SSI, or similar programs), submit Form JDF 205 alongside your filing.

The clerk stamps the form, assigns a case number, and sets a trial date at least 30 days from issuance.

Step 6: Serve the Defendant

You — not the court — are responsible for service under C.R.C.P. Rule 504. The defendant must receive the papers at least 15 calendar days before trial. Four methods:

1. County sheriff: the civil division of the sheriff's office in the defendant's county
2. Private process server: a licensed commercial server
3. Disinterested adult: anyone over 18 who is not a party to the case
4. Court clerk certified mail: restricted delivery with return receipt — service is complete only when the clerk gets back the signed green card

After service, file the completed Affidavit of Service (Part 4 of JDF 250) with the clerk.

Step 7: Prepare for the Hearing

Organize your evidence into three identical physical sets — one for the judge, one for the defendant, one for yourself. Label your exhibits with numbers (Exhibit 1, Exhibit 2, etc.). Print all digital evidence; do not plan to show photos or texts on your phone.

If you need a witness who will not attend voluntarily, subpoena them using Form JDF 254 at least 7 days before trial, along with the $20 daily witness fee and $0.58 per mile.

Many courts schedule mediation before or on the trial date. If you reach a settlement, it gets recorded on Form JDF 75 and becomes a binding court order.

Step 8: Attend the Hearing

The judge or magistrate swears in both parties, the plaintiff presents first with testimony and exhibits, the defendant responds, and the judge may ask additional questions. The ruling comes from the bench or in a written decision shortly after.

After the Hearing

If you win, the judgment does not automatically put money in your account. The court does not collect on your behalf. If the defendant does not pay voluntarily, you will need to pursue collection through wage garnishment, bank levy, or other post-judgment remedies.

Each of these steps has specific forms, deadlines, and procedural requirements that interact with each other. The Colorado small claims filing guide gives you the complete workflow with field-by-field form instructions, deadline calculators, and exhibit organization tools.

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