A citizen's reference to suing — and being sued — for modest sums in every American jurisdiction.
A citizen's reference to suing — and being sued — for modest sums in every American jurisdiction.
Filing limits, fees, lawyer rules, and the procedure for bringing a small claims case in Colorado — compiled from Colorado's court rules and statutes, updated 2026.
A procedural reference — not legal advice. Verify all current rules with the official court before filing.
A simplified docket within the county court system. Magistrates frequently preside.
Plaintiffs may file no more than two claims per month and 18 per year. Either party may demand removal to county court civil docket, which permits attorneys but requires a more formal process. Colorado Courts E-Filing is mostly used by attorneys; pro se small claims is typically filed in person or by mail.
Statute: C.R.S. § 13-6-401 et seq.
The mechanics of small claims vary, but the arc is everywhere the same. Use this as a map; verify each step against your local rules.
You need three things: a legal wrong (breach of contract, unpaid debt, property damage, return of deposit), a quantifiable dollar amount, and the right defendant. Hurt feelings, broken promises without consideration, and disputes already covered by insurance generally do not qualify.
Before filing, most courts expect — and many states require — that you give the defendant written notice and a chance to pay. A demand letter states what is owed, why, and a deadline (typically 10–30 days). Send it by certified mail with return receipt; keep a copy.
Many disputes settle here. Filing without a demand letter can also reduce what you recover. The generator below builds one for you.
Venue is jurisdiction-specific, but the rule is generally: file where the defendant lives, where the contract was performed, or where the injury occurred. Filing in the wrong county is grounds for dismissal.
If your claim exceeds the small claims limit, you must either reduce it (waiving the excess) or file in a higher trial court. The state and county panels above show your limit and venue.
You will complete a complaint or "statement of claim" form — usually one or two pages — naming the parties, stating the facts, and specifying the amount sought. File it in person, by mail, or via the court's e-filing portal, and pay the filing fee. Fee waivers are available for low-income filers in every state.
The defendant must be formally notified — "served" — with the complaint and a notice of the hearing date. Acceptable methods vary: certified mail, personal service by a sheriff or process server, or in some states a private adult. You cannot serve the papers yourself.
Service is the single most common point of procedural failure. If service is defective, your case will be postponed or dismissed.
Bring originals and three copies of every document: contracts, receipts, invoices, photographs, text messages, repair estimates, the demand letter, and proof of service. Witnesses may testify; written statements are usually inadmissible unless authorized.
Organize chronologically. Prepare a one-page outline of what happened and what you want. Practice telling the story in under three minutes.
Arrive early, dressed neatly. Address the judge as "Your Honor." When called, state your name, briefly summarize your claim, and present your evidence in order. The defendant will respond. The judge may rule from the bench or take the matter under advisement and mail a decision.
If the defendant fails to appear and was properly served, ask the court for a default judgment.
Winning is not the same as being paid. A judgment is merely a legal acknowledgment that money is owed. Collection is the plaintiff's responsibility, and the tools available — wage garnishment, bank levies, property liens, debtor's examinations — vary by state.
Most judgments remain enforceable for 5–20 years and accrue interest. The court clerk can explain available collection procedures in your jurisdiction.
Most disputes resolve here, before a court is ever involved. Fill in the fields; a properly formatted letter appears alongside, ready to copy or print — or upgrade to a full PDF package.
A starting template — not legal advice. Read it carefully and adjust to your situation before sending.
Your demand letter will appear here as you fill in the form.
If your deadline passes without payment, the next move is filing — and after filing, you'll need to formally serve the defendant. Service must be performed by a neutral third party: a process server, a sheriff, or in some states an uninvolved adult. You cannot serve the papers yourself.
Defective service is the single most common reason small claims cases fall apart. Professional process servers handle service nationwide, return the affidavit of service the court requires, and typically charge $50–$120 per attempt.
Procedural answers that apply broadly, with the caveat that local rules govern.
Small claims court is designed for self-representation. In several states (California, Michigan, Nebraska, Kansas, among others), attorneys are barred from appearing. In states where lawyers are permitted, hiring one for a sub-$10,000 claim usually costs more than the dispute is worth.
Consulting an attorney for a one-time review of your paperwork is often worthwhile and inexpensive; full representation is rarely necessary.
You have two options. You may waive the excess and sue for the maximum allowed in small claims — a faster, cheaper route. Or you may file in a higher trial court, where formal rules of evidence apply and the process can take a year or more.
The waiver is permanent for that claim. You cannot later sue for the difference.
Generally, you must sue where the defendant lives or does business, or where the events occurred. Suing an out-of-state defendant in your home court is possible only if they have meaningful contacts with your state — a high and litigated bar.
For online disputes, consult the contract's forum-selection clause if one exists.
Most states allow appeals, though the procedure is unusual: in many jurisdictions, only the defendant may appeal, or the appeal triggers a complete retrial in a higher court rather than a review of the original record. Deadlines are short — often 10 to 30 days.
Appealing often costs more than the original claim. Read your state's rules carefully before filing.
From filing to hearing typically runs 30 to 90 days, depending on court backlog and service difficulties. Collection — if the defendant does not pay voluntarily — can take months or years, particularly if you must locate assets through post-judgment discovery.
Filing fees range from about $15 in low-cost states to $300+ in high-cost ones, generally scaled to the amount claimed. Add $20–$80 for service of process. Fee waivers are available based on income in every state.
If you win, the judgment ordinarily includes your filing and service costs, recoverable from the defendant.
You must sue the legal entity (the LLC or corporation), not its trade name, and you must serve it through its registered agent — searchable on the Secretary of State's website in every state. Suing the wrong entity is a frequent and fatal error.
If the business is a sole proprietorship, sue the owner personally and the business by its trade name.
If service was properly completed and the defendant fails to appear, the court will typically enter a default judgment in your favor — often for the full amount claimed. You will still need to prove damages and may need to present evidence briefly.
Small claims rules vary considerably across state lines. Compare your jurisdiction with another below.