Virtual Pro Se Clinic
Checkerboard
👉 Calculate your Damages
Figure out how much money you are owed by the defendant (whom you plan to sue).
CONTRACT DAMAGES
Courts award damages when someone breaks a contract or violates a right. There are two main types:
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Compensatory damages: Money to cover actual losses. Note: "Actual damages" means the same thing as compensatory damages.
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Punitive damages: Money meant to punish the wrongdoer. Courts usually don’t award punitive damages in contract cases. Instead, they focus on ensuring fairness for the non-breaching party.
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The court may award:
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Expectancy damages: What you expected to get from the contract
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Reliance damages: Costs you had from relying on the contract
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Restitution: Takes away profits from the party that breached
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Liquidated damages: An amount both parties agreed to in advance
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Specific Performance - If money damages aren’t enough, the court may order specific performance (forcing the breaching party to fulfill the contract).
CDARA
⚠️ If it’s a construction issue, be aware of CDARA. More information [HERE] ⚠️
TORT DAMAGES
If you are suing someone who injured you or your property, you can ask for compensatory damages to compensate for all types of losses, including direct costs for medical care, property damage, or lost wages. It can also include indirect costs such as compensating for pain and suffering or inconvenience. When a tort wrongdoer is willfully reckless, or the harm is particularly severe, the court may award punitive damages in addition to compensatory damages.
👉 File in the right courthouse.
File in the county where the Defendant lives, works, or where the property is located.
$7501 - $25,000
You will sue in the county court.
Over $25000
You will sue in the District Court.
👉 Small Claims Forms & Filing
You can find instructions, forms, and fee information on the Colorado Judicial Branch webpage.
Filing Fee
You will be required to pay a filing fee when you start the case. The fee will be based on the amount of your claim:
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If your claim is $1.00 up to $500.00: $31
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If your claim is $501.00 up to $7500.00: $55
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Visit the File Without Payment page for information on fee waivers. [HERE]
👉 Serve the Defendant
Service must be completed at least 15 calendar days before the trial date. If you fail to serve the defendant on time, you will need to work with the court to reschedule your trial, or the court might dismiss your case. If the court dismisses your case, you will likely have to start over again. If you are suing more than one defendant, you will need to serve each defendant with a separate copy of your completed JDF 250. For complete information on how to complete service of process,
👉 Get Ready for Trial
Print your evidence and prepare to explain to the judge why you are entitled to the relief or damages sought
Evidence
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The judge or magistrate shall conduct the trial in such manner as to do justice between the parties and shall not be bound by formal rules or statutes of procedure or pleading or the technical rules of evidence.
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Rules for Small Claims [HERE]
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Video - Evidence: What is it? (Colorado Legal Services) [HERE]
Mediation
You may be asked to mediate the dispute. Mediation is a voluntary, problem-solving process assisted by a neutral third party. Click [HERE] for more information.