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Old 08-28-2009, 09:31 PM
 
1 posts, read 7,776 times
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How much does it cost to file a small claim in Denver for $1300?
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Old 08-30-2009, 10:04 AM
 
Location: Denver
965 posts, read 864,658 times
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$55. Here's a link to instructions on how to file as well as the forms you might need (JDF 250 is the basic form for filing a small claims action).

Colorado State Judicial Branch - Self Help - Forms - Small Claims Small Claims (http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/9 - broken link)
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Old 08-30-2009, 03:50 PM
 
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I also plan to file a small court claim against an individual who defrauded me. The guy is warning me that he will hire an attorney if I file the claim. As I understand, no attoney is allowed in a small court. Am I understanding the rule correctly? Please advice.
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Old 08-30-2009, 04:30 PM
 
Location: CO
2,591 posts, read 5,991,812 times
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Quote:
Originally Posted by simonliu315 View Post
I also plan to file a small court claim against an individual who defrauded me. The guy is warning me that he will hire an attorney if I file the claim. As I understand, no attoney is allowed in a small court. Am I understanding the rule correctly? Please advice.
Do some reading at the link ramanboy posted above. The plaintiff cannot hire a lawyer to file the suit, but the defendant has the right to hire a lawyer to defend him (must file notice of representation at least 7 days before trial date on notice) If you click on the FAQs there, you'll find:

Quote:
The defendant may choose to hire an attorney to represent him or her. . .
If the defendant hires an attorney, the plaintiff also has the right to hire an attorney to represent him or her, and
the case may remain in small claims court. If an attorney appears in a small claims action, the case will still be handled
according to the small claims rules.
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Old 09-09-2009, 10:16 PM
 
Location: denver
161 posts, read 674,422 times
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i filed small claims, and its $85 up to $7500 worth of claim. all counties have same fees.
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Old 09-10-2009, 09:24 AM
 
Location: Denver, CO
3,530 posts, read 8,725,731 times
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Also of note, the Defendant has a right to bump up your case to state level, wherein you'd be forced to go pro se or hire a lawyer.

If the Defendant brings in a lawyer, you can bet it won't be looked upon nicely. Small claims is for the people, wherein lawyers are not usually welcome.
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Old 12-15-2010, 11:52 AM
 
1 posts, read 6,111 times
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Is there a Small Claims Class scheduled for December? If so what is the time and date?
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Old 12-16-2010, 05:57 PM
 
Location: Coos Bay, Oregon
7,142 posts, read 8,854,360 times
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Quote:
Originally Posted by simonliu315 View Post
I also plan to file a small court claim against an individual who defrauded me. The guy is warning me that he will hire an attorney if I file the claim. As I understand, no attoney is allowed in a small court. Am I understanding the rule correctly? Please advice.
Yes, he can do that. His lawyer will simply file a Motion to Transfer Case to County Court.


Quote:
How Does a Case Get Transferred?

The law establishing the Small Claims Court gives the Defendant an opportunity to be represented by a lawyer if the Defendant wants an attorney. Therefore, the rules provide that a Defendant may request that a case be transferred to the County Court if the Defendant has retained an attorney to represent him or her. The request must be made at least 7 days before the scheduled trial date. If the request is made on time, the case must be transferred to the County Court, even if the Plaintiff does not want the case transferred.

The law also allows a Defendant to have the case transferred to the County Court if the Defendant files a "Counterclaim" against the Plaintiff (asking for money from the Plaintiff) in an amount in excess of the $5,000 jurisdictional limit of the Small Claims Court. If the Defendant files a counterclaim in excess of $5,000, the case will be transferred to the County Court even if neither party wants to be represented by an attorney. However, either or both parties may be represented by an attorney if a case is transferred due to an "excess" counterclaim. In this case County Court rules apply.

If a case is transferred to the County Court because the Defendant has hired a lawyer, the Plaintiff does not need to retain a lawyer, but the Plaintiff may have a lawyer if he or she wants a lawyer. In all cases which are transferred to the County Court, the County Court will hear the case under Small Claims rules, even though one or both parties have a lawyer.
Small Claims Court
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Old 12-16-2010, 08:15 PM
 
Location: kcmo
712 posts, read 1,941,561 times
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Quote:
Originally Posted by danvis View Post
How much does it cost to file a small claim in Denver for $1300?
It cost me like $40 something in jefferson county maybe.. $50.. then you have to pay for them being "served" which is like $40 I think I had to do it twice

So like $140 to win my lawsuit.. which the other person didn't show up and won a default judgment.. there responsible for the court fee's so I got a judgment of $500 + court fee's which is like $700 or so..

I still haven't been paid though.. (3 years since then I think) but yah never know.. jefferson county may have my money.. I just haven't asked (supposedly the judgment is on the credit report)
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Old 03-04-2013, 09:26 PM
 
1 posts, read 4,062 times
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can I file a small claims online?
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