Colorado · Debt collection defense

Debt collection defense in Colorado small claims

Being sued over an alleged debt? Organize your defense.

If a creditor, debt buyer, or collector has sued you in small claims over an alleged debt, you can respond and defend yourself. Common defenses include the debt being past the statute of limitations, the amount being wrong, the plaintiff not proving they own the debt, or the debt not being yours at all. You do not have to face it disorganized.

In Colorado, small-claims cases are heard in the Small Claims Court (a division of the County Court) and you can sue for up to $7,500.

Debt collection defense: steps that matter

  1. Read the lawsuit carefully and note your deadline to answer — missing it can cause a default judgment against you.
  2. Ask the plaintiff (in writing, through the court process) to prove the debt: the original signed agreement, a full account history, and a clear chain showing they own the debt.
  3. Check the age of the debt against the statute of limitations below; a time-barred debt is a defense you can raise.
  4. Gather your own records — payments, disputes, and any prior correspondence — and keep them together with the court dates.

Filing your Notice, Claim, and Summons to Appear for Trial (Form JDF 250) in Colorado

  1. Complete Form JDF 250. Fill out the Notice, Claim, and Summons to Appear for Trial (JDF 250), identifying the names and addresses of the plaintiff(s) and defendant(s) in the caption, answering all four questions Yes or No, and writing a brief description of your claim including what you are claiming and the amount requested. If a defendant is a business or entity, look up its registered agent at coloradosos.gov. Complete all 4 parts (7 pages). Do not attach exhibits to the form. Per the guide: "JDF 250 is the initial form that you will need to file a Small Claims Case."
  2. File the form with the county court and pay the filing fee. Take the completed JDF 250 (all four parts / 7 pages) to the clerk's counter in the county court in the proper county and pay the nonrefundable filing fee ($31.00 for claims of $500 or less; $55.00 for claims over $500 up to $7,500). The court completes the section setting the trial date and time. If you cannot afford the fee, file a Motion to File Without Payment and Supporting Financial Affidavit (JDF 205).
  3. Serve the defendant. Have each defendant served with the 'Defendant's Copy' of JDF 250 at least 15 days before the trial date. Service may be made by any person 18 or older who is not a party, by a sheriff or process server, or by certified mail mailed by the clerk (you prepay the certified-mail cost, roughly $5.00 to $15.00). File the completed Affidavit of Service with the court before or on the trial date.
  4. Attend mediation (if required) and the trial. Some small claims courts require mediation before or on the trial date; the parties may reach a stipulation (JDF 75). If no agreement is reached, appear at the scheduled trial with all evidence and witnesses. A magistrate or judge decides the case; jury trials are not allowed.

Filing fees: Filing and service fees are set locally and vary; confirm the current amount with the court. A fee waiver is available if you cannot afford the costs.

Deadline that applies to your debt collection defense

A debt claim usually rests on a contract or account, so the statute of limitations for that kind of debt is the deadline the other side has to sue you. If the debt is older than this window, the limitations period can be a defense you raise.

Debt on a contract or account: 6 years (C.R.S. § 13-80-103.5)

Answering a lawsuit: On or before the scheduled trial date

Serving the defendant: The defendant must be served with the 'Defendant's Copy' of JDF 250 at least 15 days before the trial date. Service may be by any non-party who is 18 or older, by a sheriff or process server, or by certified mail mailed by the clerk (prepay cost). An Affidavit of Service must be filed with the court before or on the trial date.

Appeals: A party who wishes to appeal must file a notice of appeal within 14 days of the judgment and proceed under C.R.C.P. 411. The appeal goes to the district court in the same county; the appellant must give the appeal paperwork to the county court within 14 calendar days of the decision, and file a copy of the Notice of Appeal and Designation of Record in the district court within 35 days.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Colorado Judicial Branch - Small Claims or County Civil Appeal (self-help). Last reviewed 2026-06-23.