When you file a civil complaint against an individual or business, there are several wheels that begin turning behind the scenes. The exact processes will depend on the specifics of your case, but in general, all cases go through a predetermined series of steps, depending on the monetary amount involved:
Amount of Claim | Where to File |
Up to $7,500 | County Small Claims |
$7,500 to $25,000 | County Civil |
$25,000 or more | District Civil |
Small Claims Court
After filing your complaint for $7,500 or less with the Denver County Small Claims Court and paying any applicable fees, you will be issued a summons for each defendant named in your complaint. This summons must be properly served to each defendant in accordance with Colorado state laws.
***The easiest way to handle serving defendants (or witnesses) in your case is to use the professional process servers at Accurate Serve® of Denver. We’ll provide you and the court with proof of service, confirming that you served all defendants lawfully and within the mandatory deadlines. Call us at (303) 501-7121 or send us your service requests online right from our website.***
The Clerk of Court will provide you with a trial date when you file your civil complaint. You may also be assigned a mediation date. Mediation is required in some cases to try to resolve the complaint without going in front of a judge. Mediation is conducted by a neutral third-party mediator that sits down with all parties, hears everyone’s side, and tries to come to a compromise that works for everyone.
If mediation doesn’t work, then your case will go to trial. During the trial, a judge will hear both sides of the case and make a decision on whether to award you your claim or dismiss the case. If the defendant(s) made a counterclaim against you in their response, the judge will decide on that as well. If you do not show up to meditation and/or trial, the judge will likely dismiss your case. If the defendant(s) do not show up to mediation and/or trial, the judge may issue a default judgment in your favor. Default judgments can be contested.
County Civil and District Civil Court
Filing a civil complaint in county civil or district civil court is a little different. After filing the proper forms for your case with the Denver County Clerk of Court, you will be issued summons to serve to the named defendant(s) and return date. You will return to the Clerk of Court on the return date and inform them of the status of the case. If you have still not reached an agreement with the defendant(s) after serving the summons then a trial date will be set.
On your trial date, you may be asked to engage in mediation with the defendant(s) before the trial begins. Colorado courts always prefer for a case to be handled without having to go in front of a judge. If mediation doesn’t work, a judge will hear both sides of the case and make a decision on whether to award you your claim or dismiss the case. If the defendant(s) made a counterclaim against you in their response to the summons, the judge will decide on that as well. If you do not show up to trial, the judge will likely dismiss your case. If the defendant(s) do not show up to mediation and/or trial, the judge may issue a default judgment in your favor. Default judgments can be contested.
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