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Significant Changes in Colorado Small Claims Courts

By Andy Contiguglia

Colorado Small Claims courts have always been an avenue for the “non–attorney” to follow for judicial support and action. In September 2001, the Colorado Supreme Court adopted a number of significant proposed rule changes governing procedures in Small Claims Court.

The most significant change was to the monetary, or jurisdictional, limit of the Court. With the proposed change, small claims cases are defined as those involving $7,500 or less, as compared to the previous $5,000 limit. In addition, the small claims court will have the ability to address and decide replevin (return of property) claims and specific performance claims.

However, there remain a number of cases that may not be filed in Small Claims Court, for example libel and slander actions. In essence, small claims court now includes significant equitable claims as well as monetary damages. The legislature also modified the fee structure from a four-tiered system to a two-tiered system. Fees are based on an initial filing fee for a case under $500 and another fee for all cases above $500.

The legislature also approved a change allowing property managers to appear for landlords in landlord/tenant disputes. The change was prompted by problems with the so-called absentee landlords who previously could not be sued in small claims court because they did not live in the county where the property was located. Under the new statute, the landlord may be sued in the county where the property is located, but the landlord may elect to be represented by the property manager who was responsible for leasing the property and accounting for any security deposits.

Another big change is the right to be represented by an attorney in Small Claims Court. Under the revised rule, once the notice has been sent, the Plaintiff can opt for being represented by an attorney as well. The case is still heard in small claims court using small claims rules regardless of attorney representation.

These changes are by no means all inclusive. Other significant changes have taken place and anyone interested in learning more about the new small claims rules of procedure is encouraged to speak with an attorney for additional information.