Free ______________________County, Colorado Small Claims - Colorado

Small Claims Court ____________________________ County, Colorado Court Address:

PLAINTIFF(S): _____________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ v. DEFENDANT(1): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ DEFENDANT(2): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ Division ______ Courtroom ________

COURT USE ONLY
Case Number: ______________

S

NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL (Part 1)
If Defendant(s) is/are other than a person, go on-line at www.sos.state.co.us to determine the registered agent for service of this notice. Please enter name and address of the agent. Name: ____________________________ Address: ___________________________________________________________________________________

1. The Defendant(s) is/are in the military service: Yes No Unknown 2. The Defendant(s) reside(s), is/are regularly employed, has/have an office for the transaction of business, or
is/are a student in this county, or the Defendant(s) own(s) the real property in this county that is the subject of Yes No this claim arising from a restrictive covenant or security deposit dispute. 3. I/We understand that it is my/our responsibility to have each Defendant served with the "Defendant's Copy" of this Notice by a person whose age is 18 years or older and who is not a party to this action 15 days prior to the trial and to provide the Court with written proof of service. Yes No 4. I am an attorney: Yes No Notice and Summons to Appear for Trial To the Defendant(s): You are scheduled to have your trial in this case on ________________________ (date) at __________(time) at the Court address stated in the above caption. Bring with you all books, papers and witnesses you need to establish your defense. If you do not appear, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must provide a written response or written counterclaim on or before the scheduled trial date and pay a nonrefundable filing fee.
Dated: ____________________________ ______________________________________
Clerk of Court/Deputy Clerk

Plaintiff(s)'s Claim (Please summarize reasons to support your claim below.) The Defendant(s) owe(s) me $______________, which includes penalties, plus interest and costs allowed by law, and/or should be ordered to return property, perform a contract or set aside a contract or comply with a restrictive covenant for the following reasons. (If seeking return of property, please describe the property being requested).
______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________
Note: The combined value of money, property, specific performance or cost to remedy a covenant violation cannot exceed $7,500.00.

Plaintiff(s) declare under penalty of perjury that the above statements are true and correct, and that I/we have not filed in any Small Claims Court in this County more than 2 claims during this calendar month, nor more than 18 claims in this County this calendar year.
Dated: ____________________________________________ ___________________________________________ Plaintiff's Signature ___________________________________________ Plaintiff's Signature JDF 250 R11/08 (PART 1/ PAGE 1) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL COURT COPY

Small Claims Court ____________________________ County, Colorado Court Address: PLAINTIFF(S): _____________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ v. DEFENDANT(1): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ DEFENDANT(2): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ Division _____ Courtroom _______

COURT USE ONLY
Case Number: _______________

S

NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL (Part 2)
If Defendant(s) is/are other than a person, go on-line at www.sos.state.co.us to determine the registered agent for service of this notice. Please enter name and address of the agent. Name: ____________________________ Address: ___________________________________________________________________________________

1. The Defendant(s) is/are in the military service: Yes No Unknown 2. The Defendant(s) reside(s), is/are regularly employed, has/have an office for the transaction of business, or
is/are a student in this county, or the Defendant(s) own(s) the real property in this county that is the subject of Yes No this claim arising from a restrictive covenant or security deposit dispute. 3. I/We understand that it is my/our responsibility to have each Defendant served with the "Defendant's Copy" of this Notice by a person whose age is 18 years or older and who is not a party to this action 15 days prior to the trial and to provide the Court with written proof of service. Yes No 4. I am an attorney: Yes No Notice and Summons to Appear for Trial To the Defendant(s): You are scheduled to have your trial in this case on _________________________ (date) at__________ (time) at the Court address stated in the above caption. Bring with you all books, papers and witnesses you need to establish your defense. If you do not appear, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must provide a written response or written counterclaim on or before the scheduled trial date and pay a nonrefundable filing fee.
Dated: ____________________________ ______________________________________
Clerk of Court/Deputy Clerk

Plaintiff(s)'s Claim (Please summarize reasons to support your claim below.)
The Defendant(s) owe(s) me $________________, which includes penalties, plus interest and costs allowed by law, and/or should be ordered to return property, perform a contract or set aside a contract or comply with a restrictive covenant for the following reasons. (If seeking return of property, please describe the property being requested). ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________
Note: The combined value of money, property, specific performance or cost to remedy a covenant violation cannot exceed $7,500.00.

Plaintiff(s) declare under penalty of perjury that the above statements are true and correct, and that I/we have not filed in any Small Claims Court in this County more than 2 claims during this calendar month, nor more than 18 claims in this County in this calendar year.
Dated: ____________________________________________ ___________________________________________ Plaintiff's Signature ___________________________________________ Plaintiff's Signature

You must complete and fill out a response and or counterclaim on reverse side of Defendant's copy and bring to Court.
JDF 250 R11/08 (PART 2/ PAGE 2) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL DEFENDANT'S COPY

Defendant's Response (If responding, pay the appropriate filing fee). I do not owe the Plaintiff(s) or am not responsible to the Plaintiff(s) because: ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Defendant's Counterclaim (If submitting a counterclaim, pay the appropriate filing fee). The Plaintiff(s) owe(s) me $_______________, which includes penalties, plus interest and costs allowed by law and/or should be ordered to return property, perform a contract or set aside a contract or comply with a restrictive covenant for the following reasons. (If seeking return of property, please describe the property being requested). ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ The amount of my/our counterclaim does not exceed the jurisdictional amount of the Small Claims Court of $7,500.00. The amount of my/our counterclaim exceeds the jurisdictional amount of the Small Claims Court, but I/we wish to limit the amount that I/we wish to recover from the Plaintiff to $7,500.00. The amount of my/our counterclaim exceeds the jurisdictional amount of the Small Claims Court, and I/we wish to have the case sent to County Court (only if I/we wish to limit the amount I/we can recover from the plaintiff to $15,000.00) District Court (I /we do not wish to limit the amount I/we can recover from the Plaintiff(s)) and will pay the appropriate filing fee. I/we am/are filing a Notice of Removal and paying the appropriate filing fee to the Court at this time. I am an attorney. Yes No I declare under penalty of perjury that this information is true and correct and that I mailed a copy of the Response/Counterclaim to the Plaintiff(s) at the address(es) stated on this form on ____________________ (date).
____________________________________________________________ Defendant's Address ____________________________________________________________ Telephone #: Home Work Cell

_____________________________________ Defendant's Signature Date A.

Information for Defendants in Small Claims Cases
Filing Fees. Response without a counterclaim: Claim $500.00 or less: $26.00 Claim over $500.00 but less than $7,500.00: $41.00 Response with a counterclaim: If Plaintiff's claim is $500.00 or less and counterclaim is $500.00 or less: $31.00 If Plaintiff's claim is more than $500.00 or counterclaim is more than $500.00: $46.00 Response. You have been served with a Summons. If you fail to appear on the trial date shown on this notice, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must file with the Court Clerk a written response or counterclaim on or before the scheduled trial date, provide a copy to the Plaintiff(s), pay the appropriate nonrefundable filing fee, and appear on the date set for trial in this notice with all evidence and witnesses needed to establish your defense. Subpoenas. Upon your request, the clerk will issue a subpoena to require witnesses to appear or bring documents for your trial. It is your responsibility to complete the information needed on the subpoena and to have the subpoena served. Subpoenas must be served personally and may be served by a person over the age of 18 that is not a party to the case. Subpoenas must be accompanied by a check for payment of witness fees and mileage for any witnesses served. Counterclaim. If you have a claim against the Plaintiff(s), you must file with the Court clerk the Defendant's counterclaim at the top of this form, provide a copy of the counterclaim to the Plaintiff(s) prior to the trial, and pay the appropriate nonrefundable filing fee. If you settle your counterclaim before trial, notify the Small Claims Court and the Plaintiff(s) in writing. If you want your case heard by a Court of greater jurisdiction, you must complete and file this form, pay the appropriate filing fee (County = $80.00, District = $224.00) and file a Notice of Removal (JDF 251) at least seven days before the trial date shown on this Notice. Trial Responsibility. You have a right to a trial. Bring all evidence necessary to establish your defense and/or counterclaim: books, papers, repair bills, photographs or other exhibits. If the suit involves the delivery of personal property, be prepared to deliver the property immediately after trial. Be on time. If you are late, the Court may enter judgment against you. Appeal. If you wish to appeal, you must file your appeal within 15 days of the judgment and proceed according to C.R.C.P 411. Judgment. The Court does not collect any judgment, but will help with the necessary forms. Money Judgment. If judgment is entered against you, you are expected to immediately pay the judgment, including filing fees and court costs. If the judgment is not paid immediately, you must answer questions about your assets and income and the other party can obtain a writ of garnishment or execution against your wages or property. Once the judgment is paid, you are entitled to have the judgment satisfied. Non-monetary Judgment. If the Court orders immediate possession of the property, performance of a contract, setting aside of a contract or compliance with a restrictive covenant, your failure to comply with the Court order may result in an award of damages and/or being held in contempt. Case Inquiries. When inquiring about this case, refer to the case number on this notice. Direct all inquiries to the clerk, not the judge or magistrate. Attorney. If you want to be represented by an attorney, you or your attorney must file a Notice of Representation of Attorney (JDF 256) at least seven days before the trial date on this notice. Then the Plaintiff(s) may have representation by an attorney. If the Plaintiff(s) is/are an attorney, you also may be represented by an attorney without filing a notice of representation. Even if there are attorneys in the case, the rules and procedures of the Small Claims Court will still apply. Judicial Officer. A magistrate or a judge may hear your case. If you want a judge to hear your case, you must file an Objection to a Magistrate Hearing Case (JDF 259) at least seven days before the trial date set in this notice. The rules and procedures of the Small Claims Court will still apply. Language Interpreter. At this time, the Court is not able to provide a language interpreter for small claims cases unless there is a finding of indigency by the Court pursuant to state financial guidelines. Alternatively, if you or a witness require the assistance of a language interpreter, you may access a roster of certified and qualified interpreters who are available for a fee from the Court or on the judicial website at: http://www.courts.state.co.us/chs/hr/interpreters/courtinterpreterpage.htm

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JDF 250 R11/08

(PART 2/ PAGE 3)

NOTICE, CLAIM, AND SUMMONS TO APPEAR

DEFENDANT'S COPY

Small Claims Court ____________________________ County, Colorado Court Address:

PLAINTIFF(S): _____________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ v. DEFENDANT(1): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ DEFENDANT(2): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ Division_______ Courtroom _______

COURT USE ONLY
Case Number: _________________

S

NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL (Part 3)
If Defendant(s) is/are other than a person, go on-line at www.sos.state.co.us to determine the registered agent for service of this notice. Please enter name and address of the agent. Name: ____________________________ Address: ___________________________________________________________________________________

1. The Defendant(s) is/are in the military service: Yes No Unknown 2. The Defendant(s) reside(s), is/are regularly employed, has/have an office for the transaction of business, or
is/are a student in this county, or the Defendant(s) own(s) the real property in this county that is the subject of this claim arising from a restrictive covenant or security deposit dispute. Yes No 3. I/We understand that it is my/our responsibility to have each Defendant served with the "Defendant's Copy" of this Notice by a person whose age is 18 years or older and who is not a party to this action 15 days prior to the trial and to provide the Court with written proof of service. Yes No 4. I am an attorney: Yes No Notice and Summons to Appear for Trial To the Defendant(s): You are scheduled to have your trial in this case on (date) ___________________________ (time) __________ at the Court address stated in the above caption. Bring with you all books, papers and witnesses you need to establish your defense. If you do not appear, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must provide a written response or written counterclaim on or before the scheduled trial date and pay a nonrefundable filing fee.
Dated: ____________________________ ______________________________________
Clerk of Court/Deputy Clerk

Plaintiff(s)'s Claim (Please summarize reasons to support your claim below.) The Defendant(s) owe(s) me $______________, which includes penalties, plus interest and costs allowed by law, and/or should be ordered to return property, perform a contract or set aside a contract or comply with a restrictive covenant for the following reasons. (If seeking return of property, please describe the property being requested).
______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________
Note: The combined value of money, property, specific performance or cost to remedy a covenant violation cannot exceed $7,500.00.

Plaintiff(s) declare under penalty of perjury that the above statements are true and correct, and that I/we have not filed in any Small Claims Court in this County more than 2 claims during this calendar month, nor more than 18 claims in this County in this calendar year.
Dated: ____________________________________________ ___________________________________________ Plaintiff's Signature ___________________________________________ Plaintiff's Signature JDF 250 R11/08 (PART 3/ PAGE 4) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL PLAINTIFF'S COPY

INFORMATION FOR PLAINTIFFS IN SMALL CLAIMS CASES
A. FILING. You may file your claim in this Court if: 1. Your claim is for money, property, specific performance or rescission of a contract, or enforcement of a restrictive covenant that does not exceed $7,500.00. You may reduce a larger claim and waive the balance. You cannot divide a claim and file two separate cases. 2. At least one of the parties you sue resides, is regularly employed, has an office for the transaction of business, or is a student in this county, or they own rental property in the county that is the subject of this claim. 3. You pay the clerk one of the following NONREFUNDABLE filing fees. Claim $500.00 or less: $31.00 Claim over $500.00 but less than $7,500.00: $55.00 B. SERVICE. This notice to appear must be served at least 15 days prior to the trial on each Defendant. It may be served by: 1. Any person whose age is 18 years or older and who is not a party to this action. 2. Sheriff or process server. 3. Certified Mail that is mailed by the clerk. You must deposit the cost for certified mail in advance. C. SETTLEMENT. If you settle your claim before trial, you must notify the Small Claims Court and Defendant in writing. D. SUBPOENAS. Upon your request, the clerk will issue a subpoena to require witnesses to appear or bring documents for your trial. It is your responsibility to complete the information needed on the subpoena and to have the subpoena served. Subpoenas must be served personally and may be served by a person over the age of 18 that is not a party to the case. Subpoenas must be accompanied by a check for payment of witness fees and mileage for any witnesses served. E. TRIAL RESPONSIBILITY. You have a right to a trial. Bring all evidence necessary to prove your case: books, papers, repair bills, photographs or other exhibits. Be on time. If you are late or do not appear, the Court may enter judgment in favor of the Defendant and against you if the Defendant filed a counterclaim. F. APPEAL. If you wish to appeal, you must file your appeal within 15 days of the judgment and proceed according to C.R.C.P. 411.

G. JUDGMENT. THE COURT DOES NOT COLLECT ANY JUDGMENT, but will help with the necessary forms. Money Judgment. If judgment is entered in favor of the Defendant and against you, you are expected to immediately pay the judgment, including filing fees and court costs. If the judgment is not paid immediately, you must answer questions about your assets and income and the other party can obtain a writ of garnishment or execution against your wages or property. Once the judgment is paid, you are entitled to have the judgment satisfied. Non-monetary Judgment. If the Court orders immediate possession of the property, performance of a contract, setting aside of a contract or compliance with a restrictive covenant, failure to comply with the Court order may result in an award of damages and or being held in contempt. H. CASE INQUIRIES. When inquiring about this case, refer to the case number on the other side of this document. Direct all inquiries to the clerk, not the judge or magistrate. I. ATTORNEY. If the Defendant(s) want(s) to be represented by an attorney, the Defendant(s) or attorney must file a Notice of Representation of Attorney (JDF 256) at least seven days before the trial date on this notice. Then, you may have representation by an attorney. If either party is an attorney, the other party may be represented by an attorney without filing a notice of representation. Even if there are attorneys in the case, the rules and procedures of the Small Claims Court will still apply. JUDICIAL OFFICER. A magistrate or judge may hear your case. If you want a judge to hear your case, you must file an Objection to a Magistrate Hearing Case (JDF 259) at least seven days before the trial date set in this notice. The rules and procedures of the Small Claims Court will still apply.

J.

K. LANGUAGE INTERPRETER. At this time, the Court is not able to provide a language interpreter for small claims cases unless there is a finding of indigency by the Court pursuant to state financial guidelines. Alternatively, if you or a witness require the assistance of a language interpreter, you may access a roster of certified and qualified interpreters who are available for a fee from the Court or on the judicial website at: http://www.courts.state.co.us/chs/hr/interpreters/courtinterpreterpage.htm

JDF 250

R11/08 (PART 3/ PAGE 5)

NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL

PLAINTIFF'S COPY

Small Claims Court ____________________________ County, Colorado Court Address:

PLAINTIFF(S): _____________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ v. DEFENDANT(1): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ DEFENDANT(2): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ Division______ Courtroom ______

COURT USE ONLY
Case Number: _________________

S

NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL (Part 4)
If Defendant(s) is/are other than a person, go on-line at www.sos.state.co.us to determine the registered agent for service of this notice. Please enter name and address of the agent. Name: ____________________________ Address: ___________________________________________________________________________________

1. The Defendant(s) is/are in the military service: Yes No Unknown 2. The Defendant(s) reside(s), is/are regularly employed, has/have an office for the transaction of business, or
is/are a student in this county, or the Defendant(s) own(s) the real property in this county that is the subject of Yes No this claim arising from a restrictive covenant or security deposit dispute. 3. I/We understand that it is my/our responsibility to have each Defendant served with the "Defendant's Copy" of this Notice by a person whose age is 18 years or older and who is not a party to this action 15 days prior to the trial and to provide the Court with written proof of service. Yes No 4. I am an attorney: Yes No Notice and Summons to Appear for Trial To the Defendant(s): You are scheduled to have your trial in this case on (date) ___________________________ (time) __________ at the Court address stated in the above caption. Bring with you all books, papers and witnesses you need to establish your defense. If you do not appear, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must provide a written response or written counterclaim on ore before the scheduled trial date and pay a nonrefundable filing fee.
Dated: ____________________________ ______________________________________
Clerk of Court/Deputy Clerk

Plaintiff(s)'s Claim (Please summarize reasons to support your claim below.)
The Defendant(s) owe(s) me $_______________, which includes penalties, plus interest and costs allowed by law, and/or should be ordered to return property, perform a contract or set aside a contract or comply with a restrictive covenant for the following reasons. (If seeking return of property, please describe the property being requested).
______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________
Note: The combined value of money, property, specific performance or cost to remedy a covenant violation cannot exceed $7,500.00

Plaintiff(s) declare under penalty of perjury that the above statements are true and correct, and that I/we have not filed in any Small Claims Court in this County more than 2 claims during this calendar month, nor more than 18 claims in this County in this calendar year.
Dated: ____________________________________________ ___________________________________________ Plaintiff's Signature

______________________________________
Plaintiff's Signature JDF 250 R11/08 (PART 4/ PAGE 6) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL COURT COPY

Case Name _____________________ v. ______________________

Case Number: _______________

AFFIDAVIT OF SERVICE
(Must be returned to Court)

I declare under oath that I am 18 years or older and not a party to the action, and that I served the Notice, Claim, and Summons to Appear for Trial (JDF 250) on the following:
Name of Person Served Date and Time of Service Address of Service
(Street, County, City, State)

Check type of Service: By handing the documents to a person identified to me as the Defendant. By identifying the documents, offering to deliver them to a person identified to me as the Defendant who refused service, and then leaving the documents in a conspicuous place. By leaving the documents at the Defendant's usual place of abode with ______________________ (Name of Person) who is a member of the Defendant's family and whose age is 18 years or older. (Identify family relationship) ___________________________.) By leaving the documents at the Defendant's usual workplace with __________________________ (Name of Person) who is the Defendant's secretary, administrative assistant, bookkeeper, or managing agent. (Circle title of person served.) By leaving the documents with _____________________ (Name of Person), who as _______________ (title) is authorized by appointment or by law to receive service of process for the Defendant. By leaving the documents with an officer, partner, manager, stockholder, elected official or functional equivalent pursuant to C.R.C.P. 304 _______________________ (please identify) of the corporation or noncorporate entity which was to be served. (Circle title of person who was served.) By serving the documents as follows (other service under C.R.C.P. 304:_____________________________ ___________________________________________________________________________________.
I have charged the following fees for my services in this matter: Private process server Sheriff, ____________________________County Fee $ ______________ Mileage $ _____________

___________________________________________
Signature of Process Server

___________________________________________
Name (Print or type)

Subscribed and affirmed, or sworn to before me in the County of ______________________, State of ________________, this _______ day of _______________, 20 ______.
My Commission Expires: ________________________ ____________________________________________ Notary Public

CERTIFICATE OF SERVICE BY MAILING
(To be performed by Clerk within three days of filing)
I hereby certify that on __________________________(date), I mailed a true and correct copy of the NOTICE, CLAIM, AND SUMMONS TO APPEAR FOR TRIAL, by placing it in the United States Mail, postage pre-paid to the Defendant(s) at the address(es) listed above. ________________________________________
Clerk of Court/Deputy Clerk

(If applicable) Plaintiff(s) notified of non-service on (date) ______________________. Clerk's Initials _______________

JDF 250 R11/08 (PART 4/ PAGE 7)

NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL

COURT COPY