Small Claims Answer - Preparation Worksheet - Colorado

Colorado Litigation & Court Documents Updated August 16, 2026 Free Word and PDF

PREPARATION PACKET — DO NOT FILE THIS DOCUMENT

Prepare the response and any counterclaim here, then transfer the approved content to the
Response / Counterclaim section of the JDF 250 served in the case or another form the
court directs. Do not substitute a generic civil answer, notarized verification, attorney
pleading, or boilerplate list of defenses for the current small-claims procedure.

COLORADO SMALL-CLAIMS RESPONSE AND COUNTERCLAIM PREPARATION PACKET

1. Case and Summons Intake

Item Verified information
County small claims court [________________________________]
Case number [________________________________]
Division / courtroom [________________________________]
Plaintiff(s) [________________________________]
Defendant(s) [________________________________]
Date and method of service [________________________________]
Trial date, time, and location [________________________________]
Mediation or other court event [________________________________]
Amount or property claimed [________________________________]
Current JDF 250 revision served [________________________________]

Attach a complete copy of the served JDF 250, proof of service, every court notice, and all
attachments to the claim.

2. Response-Procedure Gate

Current Colorado Judicial Branch materials are not phrased identically. The Branch's
“Getting Sued” page says a defendant may choose not to respond in writing but must still
attend required events and follow orders. The current posted JDF 250 says that a defendant
who wishes to defend or present a counterclaim must file a written response or counterclaim
on or before the scheduled trial date, give the plaintiff a copy, pay the filing fee, and appear.

Because the actual summons and case-specific directions matter:

☐ Read the response instructions on the served JDF 250.

☐ Confirm any uncertainty with the clerk or Colorado counsel before the trial date.

☐ Calendar every mediation, trial, filing, payment, notice, and removal date.

☐ Do not assume settlement discussions, this worksheet, or a clerk inquiry extends a date.

3. Small-Claims Jurisdiction and Relief Gate

Under C.R.S. § 13-6-403, the ordinary small-claims limit is $7,500, exclusive of
interest and costs, for the debt, damages, or value of personal property claimed by either
side. The statute also addresses qualifying association-document disputes, residential
restrictive covenants, replevin, specific performance, and contract avoidance or rescission.

The court lacks jurisdiction over the excluded matters in § 13-6-403(2), including
defamation, forcible-entry or detainer actions, class actions, prejudgment remedies, criminal
or traffic matters, and most requests for injunctive relief. Injunctive relief is not
categorically unavailable: subsection (2)(h) lists narrow exceptions.

☐ Plaintiff's requested relief is within the court's subject-matter jurisdiction.

☐ Defendant's proposed counterclaim and requested relief are within jurisdiction or the
removal route has been evaluated.

☐ The value calculation includes money, property, and nonmonetary relief as the current
JDF 250 and governing law require.

☐ No claim has been split or waived without informed legal review.

Jurisdiction analysis:

[____________________________________________________________]

4. Representation Gate

C.R.S. § 13-6-407 assigns who may represent individuals and different kinds of entities and
generally restricts attorney participation except as permitted by supreme court rule. The
current JDF 250 states that a party seeking attorney representation ordinarily must file
JDF 256, Notice of Representation by Attorney, at least seven days before trial; it also
states that the plaintiff may then have counsel.

Question Answer
Defendant type ☐ Individual ☐ Partnership ☐ Corporation ☐ Association ☐ Other
Proposed representative [________________________________]
Representative's statutory capacity [________________________________]
Attorney notice required and timely? [________________________________]

☐ The proposed representative is authorized under current § 13-6-407 and court rules.

☐ Any JDF 256 deadline and service requirement has been verified from current materials.

5. Plaintiff's Claim and Factual Response

Plaintiff's position

What plaintiff says happened:

[____________________________________________________________]

Relief plaintiff requests:

[____________________________________________________________]

Defendant's response selection

☐ Defendant disputes the entire claim.

☐ Defendant agrees that $[__________] or [PROPERTY / RELIEF] is owed but disputes the rest.

☐ Defendant needs counsel to evaluate whether any admission should be made.

Concise facts for the JDF 250 response box

Write facts, not labels or a blanket “general denial.” Identify dates, people, agreements,
payments, performance, defects, credits, communications, and the requested outcome.

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

6. Defense-Issue Screen

Select an issue only if the facts support it and current law has been verified for the claim.
This checklist does not itself preserve, plead, or prove a defense.

☐ Payment, credit, setoff, release, settlement, or satisfaction

☐ Wrong defendant, identity error, lack of ownership, or lack of responsibility

☐ Plaintiff did not perform an agreed condition or materially breached first

☐ Goods, services, work, amount, or damages differ from the claim

☐ Contract term, warranty, notice, acceptance, modification, or cancellation issue

☐ Limitations or accrual issue — controlling claim-specific authority required

☐ Service, venue, personal-jurisdiction, or subject-matter-jurisdiction issue

☐ Failure to reduce avoidable loss — claim-specific authority and facts required

☐ Other verified issue: [______________________________________________________]

Authority and facts supporting each selected issue:

[____________________________________________________________]

Do not insert “reservation of rights,” “ongoing discovery,” or a list of every imaginable
affirmative defense. C.R.S. § 13-6-409 provides an informal small-claims procedure, but the
defendant still needs evidence and a legally valid, fact-supported position.

7. Counterclaim and Removal Gate

☐ No counterclaim.

☐ Counterclaim does not exceed $7,500.

☐ Counterclaim exceeds $7,500, but defendant is considering limiting recovery to $7,500.

☐ Counterclaim exceeds small-claims jurisdiction and removal is being evaluated.

Counterclaim facts:

[____________________________________________________________]

Amount, property, or other relief and calculation:

[____________________________________________________________]

C.R.S. § 13-6-408 requires an over-limit counterclaim to be removed under supreme court
rule. The current JDF 250 directs a defendant choosing the greater-jurisdiction route to file
JDF 251, Notice of Removal, and the applicable fee at least seven days before trial.
Verify the proper receiving court, current jurisdictional limits, fee, filing method, service,
and effect on the scheduled small-claims appearance before using that route.

☐ Counsel reviewed waiver, claim-splitting, preclusion, and removal consequences.

☐ If removal is selected, current JDF 251 and all required companion filings are ready.

8. Evidence and Witness Plan

Evidence or witness What it proves Source / custodian Ready for trial?
[Contract, invoice, receipt, payment record] [Issue] [Person / system] ☐
[Message, email, letter, photograph, video] [Issue] [Person / system] ☐
[Witness name and contact information] [Expected testimony] [Relationship] ☐

☐ Originals and usable copies are organized.

☐ Exhibits are labeled consistently with court instructions.

☐ Witness attendance is confirmed.

☐ Any subpoena uses the current court form and has been timely issued and served.

☐ Privilege, confidentiality, authentication, hearsay, and redaction issues were reviewed.

9. Transfer to the Official JDF 250

Transfer only reviewed information to the official response/counterclaim section:

☐ Court, county, case number, and party names match the served papers exactly.

☐ The response is concise, factual, and readable in the available space.

☐ Any counterclaim states the facts, amount or relief, and correct jurisdiction election.

☐ Defendant's address and telephone information are current.

☐ The correct person signs and dates the form under its penalty-of-perjury declaration.

☐ The plaintiff-copy requirement and mailing date are completed accurately.

☐ The current filing fee or an authorized fee-waiver request is addressed.

☐ The filed copy, proof of delivery, receipt, and all court-stamped papers are retained.

10. Final Review

☐ The served JDF 250 and all later court orders were reread immediately before filing.

☐ The jurisdiction and representation gates are complete.

☐ Every selected defense and counterclaim is supported by facts and current authority.

☐ The response does not request relief the small-claims court lacks power to grant.

☐ Trial attendance, evidence, witnesses, mediation, and interpreter needs are confirmed.

☐ Colorado counsel approved the filing decision and final text.

Sources and References

The 2026 Red Book was screened on August 16, 2026. It lists no 2026 change to C.R.S.
§§ 13-6-401 through 13-6-413; its listed § 13-32-101 changes take effect
July 1, 2027 and do not change this packet's current response analysis.

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About this template

Last updated
August 16, 2026
Citations checked
August 16, 2026
Jurisdiction
Colorado
Category
Litigation & Court Documents

Legal authority

  • C.R.S. § 13-6-403 (jurisdiction, $7,500 limit, and excluded matters)
  • C.R.S. § 13-6-407 (party and attorney representation)
  • C.R.S. § 13-6-408 (over-limit counterclaim removal)
  • C.R.S. § 13-6-409 (informal trial procedure)
  • Colorado Judicial Branch JDF 250 SC (Notice, Claim and Summons to Appear for Trial)
  • Colorado Judicial Branch JDF 251 SC (Notice of Removal)

These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.

Not legal advice

This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

A reviewer verified this template's legal citations against the official source on August 16, 2026.

C.R.S. § 13-6-403(1)(a) (checked August 16, 2026): "The small claims court has concurrent original jurisdiction with the county and district courts in all civil actions in which the debt, damage, or value of the personal property claimed by either the plaintiff or the defendant, exclusive of interest and costs, does not exceed seven thousand five hundred dollars, including such civil penalties as may be provided by law."

C.R.S. § 13-6-403(2)(h) (checked August 16, 2026): "Actions involving injunctive relief, except as required to: (I) Enforce rights or responsibilities arising under the declaration, bylaws, covenants, or other governing documents of a unit owners' association, as defined in section 38-33.3-103 (3), and including actions seeking declaratory relief; (II) Enforce restrictive covenants on residential property; (III) Enforce the provisions of section 6-1-702.5; (IV) Accomplish replevin; and (V) Enter judgments in actions where a party seeks to enforce a contract by specific performance or to disaffirm, avoid, or rescind a contract;"

C.R.S. § 13-6-407(2)(a)(II), (4), (6) (checked August 16, 2026): "It is the intent of this section that no attorney, except pro se or as an authorized full-time employee or active general partner of a partnership, an authorized active member or full-time employee of a union, a full-time officer or full-time employee of a for-profit corporation, or a full-time employee or active member of an association, which partnership, union, corporation, or association is a party, shall appear or take any part in the filing or prosecution or defense of any matter in the small claims court, except as permitted by supreme court rule. If an attorney appears, as permitted in subsection (2) or (3) of this section, the other party or parties in the case may be represented by counsel, if such party or parties so choose. Any small claims court action in which an attorney appears shall be processed and tried pursuant to the statutes and court rules governing small claims court actions."

C.R.S. § 13-6-408 (checked August 16, 2026): "Counterclaims exceeding the jurisdiction of the small claims court shall be removed to the county or district court of appropriate jurisdiction pursuant to rule of the supreme court."

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