Filing an Action in Colorado Small Claims Court

Filed Under (Small Claims) on 09-19-2013

How to file small claims, Small claims procedure, Small claims forms Where to Sue – Venue

Excerpt from Winning Big in Colorado Small Claims Court, by Charles Brackney

If you’ve determined that you’re ready to proceed to Small Claims Court, your next step is to file the court papers. However, before you file, you need to make sure you sue the other party in the correct Colorado County. Your case cannot go forward if it is not filed in the right court in the right place.

The rules regarding actions in Small Claims Court are very specific about the proper place to bring the action. The case must be filed in a Colorado county in which at least one of the following requirements is met:

•    The county where the other party resides
or
•    The county where the other party is regularly employed
or
•    The county where the other party is a student at an institution of higher education
or
•    The county where the other party has an office for the transaction of business
or
•    In landlord-tenant cases, the county in which the property is located.

The practical effect of these provisions concerning venue is that the damaged party must seek out the party liable for the damage, not the other way around. For example, if a resident of Arapahoe County damages your car when it is parked in front of your Adams County home, the small claims action will be initiated in Arapahoe County, unless you can show that the other party works, has an office, or attends college in Adams County. The county where the incident that resulted in the damage took place is not necessarily the proper location for a small claims filing.

To learn more about where to file a Small Claims action, check out “Winning Big in Colorado Small Claims Court” by Charles P. Brackney, Esq.





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