Small Claims Court in Boulder County

In Boulder County, CO small claims cases are filed in the Justice Court. Boulder County has two District Courts that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Boulder Court System.

Small Claims Court

The Small Claims Court has a specific focus and can only handle claims up to $7,500, even if your actual claim is higher. If your case is worth more than this limit, you'll either have to drop the excess amount or take your case to a different court. You might also be able to recover your filing fee, the cost for serving documents, and any interest.

It's important to note that Small Claims Court does not offer jury trials. Typically, a Magistrate will hear the cases, according to Colorado law (C.R.S. § 13-6-405(4)), unless a party requests a Judge or there isn't a Magistrate available at the court. This court cannot deal with certain issues like libel, slander, eviction, traffic violations, or criminal cases. For a full list of what they cannot address, you can check C.R.S. § 13-6-403.

Also, keep in mind that even if you win your case, the Magistrate can't help with matters like stopping someone from calling you at inconvenient times or making negative public remarks about you. If you're dealing with issues like these, Small Claims Court might not be the right place for you.

Cases Handled

The Small Claims Division handles disputes where individuals, partnerships, corporations, or sole proprietors seek monetary compensation from one another. Some of the most common reasons for these lawsuits include:

• Tenant and landlord disagreements
• Personal injury claims
• Stolen property
• Damage to property
• Debt collection
• Issues with auto repairs
• Poor construction work
• Defective products
• Broken contracts or verbal agreements

Who can File a Small Claim

To file a lawsuit in Small Claims Court, the person you're suing must meet at least one of the following criteria:

• Live in the county
• Be a full-time student in the county
• Be regularly employed in the county
• Have a business location in the county
• Be a landlord in a dispute over a security deposit related to a property in the county

If the individual you want to sue doesn't meet any of these conditions, you won't be able to use that county's Small Claims Court. In that case, you might need to file your claim in a different court within the same county or in another county that has the authority to handle your case.

If you choose to proceed with Small Claims Court, it's essential to present your case clearly to the Magistrate so they understand your reasons for winning. This means you should be ready to answer questions from the Magistrate or the other party involved. Before your court date, gather all the necessary evidence to back up your claim, such as contracts, photographs, or bills.

Also, consider how comfortable you are with public speaking. In Small Claims Court, you'll be presenting your case in front of an audience. If you find it difficult to communicate clearly or stay calm under pressure, especially with your opponent present, you might want to think twice about whether Small Claims Court is the right option for you.

Settle or Court

Before deciding whether to settle your case or take it to court, consider these important points:

• Can You Collect If You Win? Evaluate whether your opponent has the financial resources to pay any judgment you might win. For instance, if they are retired or living on Social Security, it could be challenging to collect the money now or in the future. If it seems unlikely that you’ll be able to collect, and you’d need to hire an attorney to help with the collection process, it might not be worth the time and effort to pursue a trial in Small Claims Court.

  However, keep in mind that judgments are valid for at least six years, so your opponent's financial situation could improve over time. For example, they might start a new job and become more capable of making payments.

• Can You Pay If You Lose? Be realistic about your financial situation. Even if you feel confident about your case, there's always a possibility of losing. Think about how you would manage a judgment against you. It's essential to separate what feels fair or moral from what is legally sound. Discussing your situation with others can help you gain a more realistic perspective.

• Settlement as an Alternative: Consider that settling your case can be beneficial because it allows you to have control over the outcome, rather than leaving it in the hands of a Magistrate. You can negotiate terms that are manageable for you. Many cases resolve outside of court, often with the help of mediators when available.

Filing a Complaint

1. Obtain the Complaint Form

• Get the "Notice, Claim and Summons to Appear for Trial" form (JDF 250) from the courthouse or download it from the Colorado Judicial Branch website at www.courts.state.co.us under "Forms" and then "Small Claims."

2. Complete the Complaint Form

• Plaintiff Information: Enter your details, including your name and contact information.
• Defendant Information: Provide accurate details about the person or organization you’re suing, ensuring correct spelling. For example, use "Jones Corporation" or "Jones Corporation and John Jones, individually."
• Registered Agent: If suing a corporation, identify the "registered agent" designated to receive legal documents. You can find this info on the Colorado Secretary of State’s website at www.sos.state.co.us for free.

3. Jurisdiction Details Confirm that the Small Claims Court has jurisdiction. If the defendant doesn’t live, work, or study in the county, file in the appropriate county, except for landlord/tenant claims.

4. Court Clerk’s Section The court clerk will fill in the "Notice and Summons to Appear for Trial" section with your trial date when you file the complaint.

5. Describe Your Claim Briefly summarize your claim and the amount you're seeking. For example: "I left my shirt with Jones Company to be cleaned, but they ruined it." Detailed documents should not be attached; you'll provide more details at trial.

After Completing the Complaint Form

1. Sign and Date

• After filling out the Complaint form, remember to sign and date it.

2. File the Complaint and Pay the Fee

• Filing: Take the completed form to the courthouse and submit it to the clerk in charge of new cases. This process is known as “filing.”
• Filing Fee: You'll need to pay a filing fee, which varies depending on your claim amount. The court clerk can inform you of the exact fee, or you can check online at www.courts.state.co.us under the "Forms" tab by selecting “Filing Fees” and choosing the JDF 1 document for details.
• Fee Waiver: If you cannot afford the fee, you can request a waiver by completing forms JDF 205 and 206, found under the “Miscellaneous” section on the same website. Check the Guide for Determination of Indigency to see if you qualify. Submit the waiver forms along with your Complaint. Note that approval for fee waivers is not guaranteed; the court will make the final decision.

3. Serve the Complaint

• Service Procedure: According to Rule 504 of the Small Claims Rules, the Complaint must be served to the Defendant or their registered agent.
• Who Can Serve: The Complaint must be delivered by someone not involved in the case, such as a sheriff or a private process server, and the Plaintiff covers the cost.
• Alternative Service: The clerk can also mail the Complaint via certified mail, but you'll need to pay for this when filing. If certified mail fails, you may have to use a sheriff or process server.
• Timing: The Defendant must be served at least 15 days before the trial date. If not, your trial may be rescheduled.
• Proof of Service: After serving the Complaint, you will receive a form indicating the service date. This form must be filed with the court by or on the day of your trial.

Small Claim Court Fees

• Plaintiff (claim $500.01 to $7,500.00): $55.00
• Plaintiff (claim up to $500.00): $31.00
• Defendant (without counterclaim, claim up to $500.00): $26.00
• Defendant (without counterclaim, claim $500.01 to $7,500.00): $41.00
• Party with counterclaim (both claims $500.00 or less): $31.00
• Party with counterclaim (either claim over $500.00 but not exceeding $7,500.00): $46.00
• Rule 369 Contempt of Court: $70.00

For the most accurate and up-to-date fee information, it’s best to check directly with the Boulder County Court or visit their official website.

Response and Counterclaim

Purpose of the Response

• The Response, found on the back of Part 2 of the Notice and Summons to Appear for Trial, allows the Defendant to present their side and argue why the Plaintiff's claim is invalid (the Defense).

Counterclaim

• Definition: A Counterclaim is when the Defendant asserts that the Plaintiff owes them money or has wronged them.
• Example: If Ann claims that Company A breached a contract, Company A might counterclaim that Ann owes them for services rendered.

Rules for Counterclaims

• Related Claims: Must arise from the same facts as the Plaintiff’s claim.
• Amount Limit: Cannot exceed $7,500; claims above this must be limited to $7,500.
• Third Parties: Cannot involve third parties.
• No Other Proceedings: Cannot be part of any other court case.
• Waiver: If not filed with the Plaintiff’s case, the Counterclaim will be waived.

Filing the Response and/or Counterclaim

• Timing: Usually filed on the first trial date. If the Defendant objects to a Magistrate or has a Counterclaim over $7,500, they must file at least seven days before the trial.
• Preparation Time: If filed close to trial, the Plaintiff may request a reschedule for preparation.

Filing Fees

• Fee Payment: A filing fee is required when submitting a Response or Counterclaim, varying by claim amount and court.
• Timing of Fee Payment: The fee must be paid with the first document filed by the Defendant, including requests to change the court date.

Attorneys in Small Claims Court

Discouraged Participation: Small Claims Court is intended to be straightforward and accessible, so the involvement of attorneys is generally discouraged.

Exceptions

• Defendant’s Right to Hire an Attorney: A Defendant may hire an attorney but must notify the court at least seven days in advance using the "Notice of Representation" form (JDF 256), available at www.courts.state.co.us.
• Failure to Appear: If a Defendant files a Notice of Representation but appears without an attorney or does not show up, the court may find that the Defendant acted in bad faith, potentially leading to the award of costs, including attorney fees, to the Plaintiff.
• Plaintiff’s Right to Hire an Attorney: If the Defendant notifies their intention to hire an attorney, the Plaintiff may also hire one without needing to give advance notice.
• Attorney Representation for Attorneys: If either party is an attorney, the other party may also have legal representation without advance notice.

Know Your Case: Essentials

Understand Your Case

• Time Limit: Remember that the Magistrate has limited time, so be clear and concise in your presentation.

Read Court Papers

• Importance: Carefully read all court documents related to your case.
• Ask for Help: Court clerks can assist with procedural questions but cannot provide legal advice.

Prepare Notes

• Organization: Take notes to stay organized and ensure you cover key points.
• Simplicity: Focus on the main facts of your case.
  • Example Notes:
    • Plaintiff: “I paid a $50 deposit to Company A for carpet cleaning on June 1. They didn’t show up on June 5 and didn’t refund the deposit.”
    • Defendant: “I went to the address on June 5, but no one was home. The contract states the deposit is forfeited if the customer is absent.”

Present Clearly

• Be Direct: Describe your case in a simple and straightforward manner.
  • Examples:
    • Plaintiff: “The cleaning lady worked for four hours, and the apartment was spotless.”
    • Defendant: “The apartment was dirty and damaged. We used the deposit for repairs.”

Be Prepared

• Clarity and Brevity: Make sure your notes are clear and relevant to your case.

Presenting Evidence

Gather Evidence

• Types of Evidence: Collect various types of evidence, such as photographs, receipts, physical items, diagrams, and any relevant electronic media.
• Prepare Copies: Make sufficient copies of all evidence for the Magistrate and the opposing party.

Organize Evidence

• Order: Arrange your evidence in the sequence you plan to present it. Consider using a binder or stapling documents to keep them together.
• Relevance: Highlight key items and ensure each piece of evidence clearly supports your case.

Presenting Evidence

• Be Clear: Present your evidence in a straightforward manner, avoiding unnecessary documents that might confuse the Magistrate.
• Electronic Evidence: If you plan to use videos or recordings, inform the court in advance so that the necessary equipment is available.

General Tips

• Simplicity: Make your evidence easy to understand, allowing the Magistrate to follow your case without confusion.

Decide on Witnesses

Identify Needed Witnesses

• Importance: Bring witnesses who can support your case or provide important testimony.

Types of Witnesses

• Eyewitnesses: Individuals who have firsthand knowledge of the events or promises related to your case.
• Expert Witnesses: Professionals with specialized knowledge, such as auto mechanics or plumbers, who can provide informed testimony.

Subpoenaing Witnesses

• What: A subpoena is a legal document used to compel a witness to attend court.
• Process:
  • Obtain the subpoena from the court clerk.
  • Have it served in person to the witness.
  • Pay any required witness fees.
• Consequences: If a subpoenaed witness fails to appear, the court may issue an arrest warrant.
• Preparation
• Confirm Attendance: Ensure all witnesses are aware of the court date and location.
• Troubleshoot: If a key witness cannot attend, be prepared for a potentially weaker case and plan accordingly.

Visit Court Ahead of Time

Familiarize Yourself

• Why: Visiting the courtroom beforehand can help reduce anxiety and allow you to plan your presentation effectively.
• What to Do: Observe the seating arrangements and how the court process unfolds.

Ask Questions

• How: If you have procedural questions, feel free to ask the Magistrate or court clerks during breaks or after proceedings, making sure not to interrupt ongoing cases.

Practice Your Presentation

• Rehearse:
  • How: Read your notes aloud and practice explaining your case.
  • Why: Familiarity with your case and hearing your own voice will boost your confidence and help you respond effectively during the hearing.

Trial Tips

Be on Time

• Why: Arriving early is crucial to avoid losing your case due to a default judgment.

Consequences of Being Late

• If Plaintiff Is Late: The Defendant may win by default or have the case dismissed.
• If Defendant Is Late: The Plaintiff may win by default.
• Special Cases: Active military personnel may have different rules regarding attendance (refer to Rule 515).

If You Miss Court

• Action: File a “Motion to Set Aside” within 30 days to explain your absence.
• Challenge: Be aware that motions to set aside a default judgment are rarely granted; the court expects all parties to be punctual.

Courtroom Etiquette

• Be Polite
  • Why: Magistrates and court staff observe your behavior even before the session starts. Maintaining professionalism helps create a positive impression.
• Bring and Organize Evidence
  • Action: Bring all your exhibits and evidence, including copies for the Magistrate and the opposing party. Keep an extra copy for yourself.
• Wait Your Turn
  • Why: Interrupting can be disruptive and negatively affect the Magistrate’s perception of you. The Magistrate will listen to both sides and may ask questions as needed.
• Listen Carefully
  • Action: Pay close attention to everything being said, take notes, and respond thoughtfully. Be prepared to address any questions or points raised during the trial.
• Understand the Outcome
  • Post-Trial: After the trial, the Magistrate will summarize the facts, make a decision, and may award costs to the prevailing party.

Collection Judgments

• Request Payment
  • Action: Start by asking the debtor to pay the judgment. If they pay, file a Creditor’s Satisfaction of Judgment with the court.
• Use Interrogatories
  • Action: If the debtor doesn’t pay, ask the Magistrate to order interrogatories to uncover the debtor's assets, such as wages, bank accounts, or property.
  • Note: If the debtor fails to respond to the interrogatories, the Magistrate can issue a bench warrant.
• Garnish Wages
  • Action: If you know the debtor's workplace, you can request a wage garnishment to collect the judgment.
• Appeal and Stay
  • Action: If you lose the case and wish to appeal, request a stay to prevent collection while the appeal is ongoing. Be prepared for potential additional costs and possibly posting a bond.
• Consider Protections
  • Caution: Be aware that certain assets, such as wages, essential property, and Social Security benefits, are protected from collection. Seek legal advice to understand these protections.
• Time Limit
  • Reminder: You have up to six years to collect your judgment.

Let Squabble Help You With Your Small Claim at Boulder County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Boulder County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouse Location:

1. Boulder County Combined Court

1777 6th St., Boulder, CO 80302
PO Box 4249
Boulder, CO 80306
(303) 441-3750
https://www.coloradojudicial.gov/location/boulder-county-combined-court

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 5:00 p.m., except court holidays.
• Clerk's Office Hours: Monday-Friday, 8:00 a.m.-4:00 p.m

2. Boulder County Combined Court - Longmont

1035 Kimbark St
Longmont, CO 8050
(720) 564-2522
https://www.coloradojudicial.gov/location/boulder-county-combined-court-longmont

**BUILDING HOURS **

• Monday - Friday, 8:00 a.m. - 12:00 p.m. and 1:00 p.m. - 4:00 p.m. (Closed 12:00 p.m - 1:00pm),except court holidays.