how to sue somneone for money owed in colorado lawyer

by Kristopher Wintheiser 3 min read

You start a lawsuit by filing a complaint. You can find a form complaint at the Colorado Judicial Branch self-help website. Click on the area of law which applies to your case. For example, if you are suing for eviction, click on “Evictions & Foreclosures.” If you are bringing a civil suit for money, then click on “Money Cases.”

Full Answer

How to sue someone who owes you money?

Jul 13, 2021 · First, check the thresholds for the amount of money you are requesting and the correct court to file in. If the amount is too small or too large, you won't be able to file in small claims court. File a complaint with your county and pay attention to the forms and documentation the case requires.

Can you sue someone who owes you money in California Small Claims Court?

How much does it cost to file a lawsuit in Colorado?

How much can I Sue my Business in Small Claims Court?

What can you do legally if someone owes you money?

Yes, you can sue someone who owes you money. When someone keeps "forgetting" to pay you or flat out refuses to pay up, the situation can quickly become frustrating. You can take the issue to a small claims court and pursue legal action if it meets the minimum and maximum money thresholds.Jul 13, 2021

Can I file a case against someone who owes me money?

In case of default in the payment of money, the lender can approach the court and file a civil suit for recovery of money or a criminal suit for fraud/ breach of an agreement. CIVIL SUIT: The lender can file a civil suit for recovering the money he owed through promissory note or loan agreement.Jan 28, 2019

How much does it cost to file a civil suit in Colorado?

$402.00The filing fee for a civil action, suit, or proceeding is $402.00. Please refer to the Fee Schedule on the Court's Home Page for a complete list of fees that the District of Colorado charges.

How do I start a civil lawsuit in Colorado?

JDF 248 Small Claims Instructions has all the information included in one document.STEP 1: Fill out your forms. Fill out Form JDF 250 Notice, Claim and Summons to Appear for Trial. ... STEP 2: File your case. ... STEP 3: Serve the defendant(s).

What can I do if someone owes me money and refuses to pay?

Taking someone to small claims court. Does someone owe you money but won't pay up? You can take them to a small claims court to regain your cash (and your temper).Sep 29, 2015

How do you force someone to pay you back?

What to Do When a Friend Owes You MoneyHave them step into your shoes- using empathy as a way of getting paid back.Offering a payment plan.Brainstorm together other creative ways to get paid back.Think about going to mediation.Making the tough decision to sue them in small claims court for the money owed to you.Apr 7, 2021

How much can you sue for in small claims court in Colorado?

$7500What is the maximum dollar amount for a small claim? The maximum amount is $7500 for a claim. If the claim amount exceeds $7,500 you may waive the balance over that amount and stay in Small Claims Court.

How long do you have to file a lawsuit in Colorado?

Colorado's time limits for filing a civil action generally range from one to three years, but rent and debt collection actions have a six-year limit. The state also provides an extra year (three total) for personal injury and injury to property claims if a motor vehicle is involved.Mar 9, 2018

What is the statute of limitations for small claims court in Colorado?

There are no statute of limitations specific to actions brought in small claims court. So, if someone wants to bring a lawsuit in Colorado for breach of a written contract, they can do it in small claims court if they are willing to limit their damages to $7,500.Dec 13, 2021

What is a civil lawsuit in Colorado?

A civil lawsuit is a legal action in which one party (the plaintiff) sues another party (the defendant). In a civil case, the plaintiff claims that the defendant or defendants failed to carry out some type of legal duty, for example, the duty to comply with a contract or the duty to not violate constitutional rights.

Are attorneys allowed in small claims court Colorado?

(a) No Attorneys. Except as authorized by Section 13-6-407, C.R.S., rule 509(b)(2) and this rule, no attorney shall appear on behalf of any party in the small claims court.

Can you have a lawyer in small claims court in Colorado?

Generally speaking, attorneys are not permitted in small claims court, leaving plaintiffs and defendants to manage their own arguments and evidence. However, if an attorney is also a full-time employee of either the plaintiff or the defendant in a given case, he or she will be allowed to appear.

How much does it cost to serve a lawsuit?

This is called serving. You can serve for free if you have a friend or family member deliver the lawsuit to the person you have sued or you can pay between $40-$75 to have the lawsuit professionally served.

How to prepare for a small claims court hearing?

To prepare for your small claims court hearing: Research the law. If you are unsure about the laws involving your lawsuit (aka why you should win your lawsuit), consult an attorney, or conduct your own research about the law (a quick Google search goes a long way). Prepare your evidence.

How long do you have to serve a small claims court in California?

This is called "service of process" (also known as "service"). You must serve the debtor at least 15-20 days before the small claims court hearing (sometimes you are required to serve at least 30 days before the hearing). There are several ways you can serve the debtor including by having a friend serve, hiring a process server, hiring the sheriff, or through the court clerk. We can help you with serving the small claims lawsuit.

What to do if you are owed a security deposit?

If you are owed your security deposit, you want to make sure you sue the correct legal entity or the individual list as the landlord on your lease. If you are owed money because someone hit your car, you want to make sure to sue the registered owner of the vehicle.

How long does it take to get a hearing on a debtor's case?

Once you file your case, you will get a hearing date scheduled anywhere between 30-70 days later. During this time, the debtor may call you to try and settle the case.

What to do when a problem arises?

The first thing to do when a problem arises is to communicate with the other party. You want to make sure they understand that they owe you money and how much they owe you. Most of the time they will agree to pay you all or most of what you are owed.

What is demand letter?

A demand letter is a letter that outlines a set of requests. For example, you could write to the other party to request payment of the debt and explain why it is still outstanding.

Money Threshold for Small Claims Court

Check your state's small claims case money limit first before considering legal action. You can search for the terms " [your state] money owe small claims court" or " [your state] money claims conciliation court." Look for a .gov website with an answer, or call a small claims court attorney with questions.

Small Claims Judgment 101

Small claims court exists to give two or more parties a place to state their side of the story. However, you should carefully consider if suing someone is the right course of action.

Owing Money: Legal Definition

There are some guidelines you need to follow to sue someone for owed money. You obviously can't gift someone money and one day decide you want it back. You also can't loan someone money but never tell them you expect to be paid back.

Suing Someone for Loans or Debts 101

To show your case in the best possible light, it is a good idea to try other methods of debt collection first. Be sure to ask for the money — preferably in writing — so there is a record of your attempts. This is called a " demand letter ."

Step 1: Filing Your Complaint and Paying Filing Fees

First, check the thresholds for the amount of money you are requesting and the correct court to file in. If the amount is too small or too large, you won't be able to file in small claims court.

Step 2: Serving the Lawsuit and Court Dates

The fee you paid may go toward a court official " serving " the case. This means they will find the person who owes money (the "defendant") and give them official notice that they are being sued by you (the "litigant"). You might also be able to serve the defendant yourself through certified mail.

Step 3: Attend Court Hearing

Be on time for your court date. You can expect the court hearing to be quick — typically around 15 minutes total. If you are nervous about what goes on during a hearing, you can sit in on small claims court cases in advance.

How much can you sue in small claims court?

There is a monetary limitation in small claims court. The maximum amount an individual can sue is $10,000. For businesses, the limit becomes $5,000. You should make a visit to a small claims court and see how it works. Sit in on a hearing. Then, you will know what to expect.

What happens if you file a small claims lawsuit in California?

Since each county in California has a small claims court, you have to figure out which one to use. If you file in the wrong court, your case may be dismissed and you will have to file again in the correct court. There is a statute of limitations on filing, so any wasted effort can cause you to miss that deadline.

What to do if someone refuses to pay you?

If someone owes you money and they refuse to pay, you can file a lawsuit with small claims court. But before you do that, you should try to work things out. If you are suing a company, make sure the right people are aware of the debt. Sometimes company communications are slow or disjointed. You can try mediation or some other alternative ...

How long does a court case last?

When your case is called, go to the front of the room and when asked, tell your story and do it quickly. These cases usually last about 10 to 15 minutes.

What happens if someone refuses to pay you money?

If someone refuses to pay you money owed, it’s time to file a lawsuit with small claims court. Small claims court is a special court where disputes are resolved quickly and inexpensively. There’s a good reason why over 4,000 lawsuits filed with small claims court in Los Angeles every day. Small claims court keeps things simple.

Can you go to court if you win?

Decide if you really want to go to court. Even if you win, the court cannot collect the money for you. If someone like an acquaintance or neighbor is behaving badly, the court cannot force good behavior.

Who will serve your claim to the defendant?

Someone other than you or anyone listed in your case will serve your claim to the defendant. This “Service” tells the defendant what you are asking for, when and where the trial will be held, and what they can do.