How to Write a Defense for Small Claims Court in Colorado

Your Defense Starts on the JDF 250

In Colorado small claims court, your written defense goes directly on the reverse side of the JDF 250 form — the same document you were served with. There is no separate "Answer to Complaint" document. Flip to Part 2, find the "Defendant's Response" section, and write your factual defense in the space provided.

The space is limited, so be concise. State clearly why you do not owe what the plaintiff claims, or why the amount is wrong. This is not the place for emotional arguments or a full narrative. Focus on the facts that disprove the plaintiff's claim.

What Makes a Strong Written Response

A strong response does three things:

1. Directly addresses the plaintiff's specific allegations. If they claim you owe $3,200 for incomplete work, your response explains why the work was completed or why the amount is wrong — not just "I disagree."

2. States factual defenses, not legal conclusions. Write "I paid $1,500 on March 12 and $1,500 on April 3, totaling the full contract amount" — not "I have fully performed under the contract." The magistrate wants facts.

3. Mentions any counterclaim. If the plaintiff actually owes you money, note that in the counterclaim section below the response.

Common Defenses by Dispute Type

Contractor disputes (homeowner as defendant):

• Full payment already made (with dated proof)
• Work was defective or incomplete, justifying withheld payment
• Contractor did not follow the agreed scope or specifications
• Contractor failed to obtain required permits

Security deposit disputes (landlord as defendant):

• Deductions were for damage beyond normal wear and tear (with photos and receipts)
• Written itemized accounting was sent within the statutory deadline
• Tenant owed unpaid rent that was properly deducted

Vehicle sale disputes (seller as defendant):

• The bill of sale states the vehicle was sold "as-is" with no warranty
• Known defects were disclosed before the sale
• The claimed defect developed after the sale

Business disputes (business as defendant):

• Services were delivered as agreed
• The customer agreed to the terms, pricing, or scope in writing
• Customer's claimed damages are unsupported or inflated

What to Say at the Hearing

The written response on the JDF 250 outlines your defense. The hearing is where you actually present it. The magistrate will let you explain your side after the plaintiff speaks. A few principles:

Be organized. Reference your exhibits by number. "As shown in Exhibit 1, the contract specifies a price of $2,800, and Exhibit 2 shows the check for that amount cleared on April 3."

Be direct. Answer the magistrate's questions with facts, not opinions. If you do not know something, say so.

Stay calm. The magistrate has heard hundreds of these cases. Emotional outbursts, interrupting the plaintiff, or attacking their character hurts your credibility.

Do not make legal arguments. You do not need to cite statutes or rules. Present the facts and let the magistrate apply the law.

Your Rights as a Defendant

Colorado small claims court defendants have specific rights that are worth knowing:

• You can file a counterclaim against the plaintiff in the same case
• You can request an attorney represent you (file Form JDF 256 at least 7 days before trial — this also gives the plaintiff the right to hire one)
• You can object to having a magistrate hear the case (file Form JDF 259 at least 7 days before trial to have a county judge hear it instead)
• You can request a fee waiver if you cannot afford court costs
• You can bring witnesses and submit documentary evidence
• You have the right to a language interpreter provided by the state at no cost

Build Your Defense With the Full Guide

The Responding to a Small Claims Case in Colorado guide includes a response options flowchart, evidence strategy worksheets organized by dispute type, and a JDF 250 decoder that walks you through every section of the form.

See more Colorado guides →