← All rules
Rule Change 2024(03)
in reviewCOLORADO RULES OF CIVIL PROCEDURE — Rules 10, 16.2, 26, 121 §1-15, and 121 §1-26
sha256 7047c11892147e78611624b1f9091994… · retrieved 7/18/2026, 6:19:06 PM · The Colorado Supreme Court's own adopted Rule Change order, loaded WHOLE (the order-ledger posture: orders print the amended portions, so the order itself is the honest unit; the consolidated rulebook is the contracted printer's publication and is never scraped) · awaiting human verification flip (text is verbatim; the flip is the review gate)
RULE CHANGE 2024(03) COLORADO RULES OF CIVIL PROCEDURE Rules 10, 16.2, 26, 121 §1-15, and 121 §1-26 Forms 29, 30, and JDF 250 Rule 10. Form and Quality of Pleadings, Motions and Other Documents (a) - (c) [NO CHANGE] (d) General Rule Regarding Paper Size, Format, and Spacing. All documents filed after the effective date of this rule, including those filed through the E-Filing System under C.R.C.P. 121(1-26), shall meet the following criteria: (1) Paper. Where a document is filed on paper, it shall be on plain, white, 8 ½ by 11 inch paper (recycled paper preferred). (2) Format. All documents shall be legible. They shall be printed on one side of the page only (except for E-Filed documents). (I) - (II) [NO CHANGE] (III) Case Caption Information. All documents shall contain the following information arranged in the following order, as illustrated by paragraphs (e) and (f) of this rule, except that documents issued by the court under the signature of the clerk or judge should omit the attorney section as illustrated in paragraphs (e)(2) and (f)(2). Individual boxes should separate this case caption information; however, vertical lines are not mandatory. On the left side: Document title (the document title may instead be included as a centered line at the bottom of the caption). Court name and mailing address. Name of parties. Name, address, and telephone number of the attorney or pro se party filing the document. Fax number and e-mail address are optional. Attorney registration number. On the right side: An area for “Court Use Only” that is at least 2 ½ inches in width and 1 ¾ inches in length (located opposite the court and party information). Case number, division number, and courtroom number (located opposite the attorney information above). Centered at the bottom of the caption: Document title (the document title may instead be included as the top line on the left side of the caption). Orders that are submitted as proposed shall not contain the word (PROPOSED) in the caption of the order. (3) - (4) [NO CHANGE] (e) - (h) [NO CHANGE] (i) State Judicial Pre-Printed or Computer-Generated Forms. Forms approved by the State Court Administrator's Office (designated “JDF” or “SCAO” on pre-printed or computer- generated forms), forms set forth in the Colorado Court Rules, volume 12, C.R.S., (including those pre-printed or computer-generated forms designated “CRCP” or “CPC” and those contained in the appendices of volume 12, C.R.S.), and forms generated by the state's judicial electronic system, “ICON,” shall conform to criteria established by the State Court Administrator's Office with the approval of the Colorado Supreme Court. Such forms, whether preprinted or computer-generated, shall employ a form of caption similar to those contained in this rule, , and 1 inch left margin, ½ inch right and bottom margins, and at least 1 inch top margin, except that for forms designated “JDF” or “SCAO” the requirement of at least 1 inch for the top margin shall apply to forms created or revised on and after April 5, 2010. COMMENTS [NO CHANGE] Rule 16.2. Court Facilitated Management of Domestic Relations Cases and General Provisions Governing Duty of Disclosure (a) – (d) [NO CHANGE] (e) Disclosure. (1) [NO CHANGE] (2) Except as set forth in C.R.C.P. 16.2(e)(11) below, aA party shall, without a formal discovery request, provide the Mandatory Disclosures, as set forth in the form and content of Appendix to Chapters 1 to 17A, Form 35.1, C.R.C.P., and shall provide a completed Sworn Financial Statement and (if applicable) Supporting Schedules as set forth in the form and content of Appendix to Chapters 1 to 17A, Form 35.2 and Form 35.3, C.R.C.P., to the other party within 42 days after service of a petition or a post decree motion involving financial issues. The parties shall exchange the required Mandatory Disclosures, the Sworn Financial Statement and (if applicable) Supporting Schedules by the time of the initial status conference to the extent reasonably possible. Parties proceeding under C.R.C.P. 16.2(e)(11) shall file and serve a completed Affidavit in Support of Waiver of Mandatory Disclosures, Form 1372, within 42 days after service of a petition or a post decree motion involving financial matters. (3) - (10) [NO CHANGE] (11) (a) Parties to a domestic relations matter may agree in writing to limit exchange of financial disclosures otherwise required under C.R.C.P. 16.2(e)(2) to Sworn Financial Statements so long as the parties affirm that all of the following conditions exist at the time of their agreement: 1. Limiting disclosure will not create a substantial hardship to any party; 2. No party is pregnant, and the matter will not involve a determination of paternity, entry of a parenting plan, or an order of child support; 3. Neither party is currently seeking an award of maintenance; 4. The net equity (estimated value as of the current date minus all amounts owed) of all marital assets in a dissolution matter, (excluding the marital residence) is less than $100,000. 5. The combined debt of the parties, not including the mortgage on the marital residence, is less than $50,000; and 6. Neither party has any separate property interests with net equity exceeding $10,000, any interest in a pension, or any interest in a trust. (b) Each party shall execute an Affidavit in Support of Waiver of Mandatory Disclosures, Form 1372, affirming they meet the requirements above for limited disclosures. (c) In all domestic relations cases, the filing of a Sworn Financial Statement remains mandatory. At any time after filing Sworn Financial Statements, either party may withdraw consent to limited financial disclosures by filing a Notice of Withdrawal of Consent to Waiver of Mandatory Financial Disclosures in Domestic Relations Cases, Form 1373, with the Court withdrawing consent to limited disclosures, or the Court may order that limited financial disclosure is not appropriate given the facts of a particular case. All disclosures required under C.R.C.P. 16.2(e)(2) shall be exchanged and the Certificate of Compliance filed within 28 days following the earlier of the date of filing a withdrawal of consent or entry of a Court order mandating complete financial disclosures. (f) - (j) [NO CHANGE] COMMENTS [NO CHANGE] Rule 26. General Provisions Governing Discovery; Duty of Disclosure (a) – (c) [NO CHANGE] (d) Timing and Sequence of Discovery. Except when authorized by these Rules, by order, or by agreement of the parties, a party may not seek discovery from any source before service of the Case Management Order pursuant to C.R.C.P. 16(b)(198). Any discovery conducted prior to issuance of the Case Management Order shall not exceed the limitations established by C.R.C.P. 26(b)(2). Unless the parties stipulate or the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence, and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery. (e) – (g) [NO CHANGE] COMMENTS [NO CHANGE] Rule 121. Local Rules—Statewide Practice Standards (a) – (c) [NO CHANGE] Section 1 – 1 to 1 – 14 [NO CHANGE] Section 1 – 15 DETERMINATION OF MOTIONS 1. Motions and Briefs; When Required; Time for Serving and Filing--Length. (a) Except motions during trial or where the court orders that certain or all non-dispositive motions be made orally, any motions involving a contested issue of law shall be supported by a recitation of legal authority incorporated into the motion, which shall not be filed with a separate brief. Unless the court orders otherwise, motions and responsive briefs not under C.R.C.P. 12(b)(1) or (2), or 56 are limited to 15 pages, and reply briefs to 10 pages, not including the case caption, signature block, certificate of service and attachments. Unless the court orders otherwise, motions and responsive briefs under C.R.C.P. 12(b)(1) or (2) or 56 are limited to 25 pages, and reply briefs to 15 pages, not including the case caption, signature block, certificate of service and attachments. All motions and briefs shall comply with C.R.C.P. 10(d). (b) The responding party shall have 21 days after the filing of the motion or such lesser or greater time as the court may allow in which to file a responsive brief. If a motion is filed 42 days or less before the trial date, the responding party shall have 14 days after the filing of the motion or such lesser or greater time as the court may allow in which to file a responsive brief. (c) Except for a motion pursuant to C.R.C.P. 56, the moving party shall have 7 days after the filing of the responsive brief or such greater or lesser time as the court may allow to file a reply brief. For a motion pursuant to C.R.C.P. 56, the moving party shall have 14 days after the filing of the responsive brief or such greater or lesser time as the court may allow to file a reply brief. (d) A motion shall not be included in a response or reply to the original motion. 2. Affidavits. If facts not appearing of record may be considered in disposition of the motion, the parties may file affidavits with the motion or within the time specified for filing the party's brief in this section 1-15, Rules 6, 56 or 59, C.R.C.P., or as otherwise ordered by the court. Copies of such affidavits and any documentary evidence used in connection with the motion shall be served on all other parties. 3. Effect of Failure to File Legal Authority. If the moving party fails to incorporate legal authority into a written motion, the court may deem the motion abandoned and may enter an order denying the motion. Other than motions seeking to resolve a claim or defense under C.R.C.P. 12 or 56, failure of a responding party to file a responsive brief may be considered a confession of the motion. 4. Motions to Be Determined on Briefs, When Oral Argument is Allowed; Motions Requiring Immediate Attention. Motions shall be determined promptly if possible. The court has discretion to order briefing or set a hearing on the motion. If possible, the court shall determine oral motions at the conclusion of the argument, but may take the motion under advisement or require briefing before ruling. Any motion requiring immediate disposition shall be called to the attention of the courtroom clerk by the party filing such motion. 5. Notification of Court's Ruling; Setting of Argument or Hearing When Ordered. Whenever the court enters an order denying or granting a motion without a hearing, all parties shall be forthwith notified by the court of such order. If the court desires or authorizes oral argument or an evidentiary hearing, all parties shall be so notified by the court. After notification, it shall be the responsibility of the moving party to have the motion set for oral argument or hearing. Unless the court orders otherwise, a notice to set oral argument or hearing shall be filed in accordance with Practice Standard § 1-6 within 7 days of notification that oral argument or hearing is required or authorized. 6. Effect of Failure to Appear at Oral Argument or Hearing. If any of the parties fails to appear at an oral argument or hearing, without prior showing of good cause for non-appearance, the court may proceed to hear and rule on the motion. 7. Sanctions. If a frivolous motion is filed or if frivolous opposition to a motion is interposed, the court may assess reasonable attorney's fees against the party or attorney filing such motion or interposing such opposition. 8. Duty to Confer. Unless a statute or rule governing the motion provides that it may be filed without notice, moving counsel and any self-represented party shall confer with opposing counsel and any self-represented parties before filing a motion. The requirement of self- represented parties to confer and the requirement to confer with self-represented parties shall not apply to any incarcerated person, or any self-represented party as to whom the requirement is contrary to court order or statute, including, but not limited to, any person as to whom contact would or precipitate a violation of a protection or restraining order. The motion shall, at the beginning, contain a certification that the movant in good faith has conferred with opposing counsel and any self-represented parties about the motion. If the relief sought by the motion has been agreed to by the parties or will not be opposed, the court shall be so advised in the motion. If no conference has occurred, the reason why, including all efforts to confer, shall be stated. 9. Unopposed Motions. All unopposed motions shall be so designated in the title of the motion. 10. Proposed Order. Except for orders containing signatures of the parties or attorneys as required by statute or rule, each motion shall be accompanied by a proposed order submitted in editable format. The proposed order complies with this provision if it states that the requested relief be granted or denied. Orders that are submitted as proposed shall not contain the word (PROPOSED) in the caption of the order. Proposed Orders must only be designated as proposed in the e-filing transmission. 11. Motions to Reconsider. Motions to reconsider interlocutory orders of the court, meaning motions to reconsider other than those governed by C.R.C.P. 59 or 60, are disfavored. A party moving to reconsider must show more than a disagreement with the court's decision. Such a motion must allege a manifest error of fact or law that clearly mandates a different result or other circumstance resulting in manifest injustice. The motion shall be filed within 14 days from the date of the order, unless the party seeking reconsideration shows good cause for not filing within that time. Good cause for not filing within 14 days from the date of the order includes newly available material evidence and an intervening change in the governing legal standard. The court may deny the motion before receiving a responsive brief under paragraph 1(b) of this standard. COMMENTS [NO CHANGE] Section 1 – 16 to 1 – 25 [NO CHANGE] Section 1 – 26 ELECTRONIC FILING AND SERVICE SYSTEM 1. - 14. [NO CHANGE] 15. Form of Electronic Documents. (a) - (b) [NO CHANGE] (c) Proposed Orders. Proposed orders shall be E-Filed in editable format. Proposed orders that are E-Filed in a non-editable format shall be rejected by the Court Clerk's office and must be resubmitted. Orders that are submitted as proposed shall not contain the word (PROPOSED) in the caption of the order. Proposed Orders must only be designated as proposed in the e-filing transmission. COMMENTS [NO CHANGE] Rule 10. Form and Quality of Pleadings, Motions and Other Documents (a) - (c) [NO CHANGE] (d) General Rule Regarding Paper Size, Format, and Spacing. All documents filed after the effective date of this rule, including those filed through the E-Filing System under C.R.C.P. 121(1-26), shall meet the following criteria: (1) Paper. Where a document is filed on paper, it shall be on plain, white, 8 ½ by 11 inch paper (recycled paper preferred). (2) Format. All documents shall be legible. They shall be printed on one side of the page only (except for E-Filed documents). (I) - (II) [NO CHANGE] (III) Case Caption Information. All documents shall contain the following information arranged in the following order, as illustrated by paragraphs (e) and (f) of this rule, except that documents issued by the court under the signature of the clerk or judge should omit the attorney section as illustrated in paragraphs (e)(2) and (f)(2). Individual boxes should separate this case caption information; however, vertical lines are not mandatory. On the left side: Document title (the document title may instead be included as a centered line at the bottom of the caption). Court name and mailing address. Name of parties. Name, address, and telephone number of the attorney or pro se party filing the document. Fax number and e-mail address are optional. Attorney registration number. On the right side: An area for “Court Use Only” that is at least 2 ½ inches in width and 1 ¾ inches in length (located opposite the court and party information). Case number, division number, and courtroom number (located opposite the attorney information above). Centered at the bottom of the caption: Document title (the document title may instead be included as the top line on the left side of the caption). Orders that are submitted as proposed shall not contain the word (PROPOSED) in the caption of the order. (3) - (4) [NO CHANGE] (e) - (h) [NO CHANGE] (i) State Judicial Pre-Printed or Computer-Generated Forms. Forms approved by the State Court Administrator's Office (designated “JDF” or “SCAO” on pre-printed or computer- generated forms), forms set forth in the Colorado Court Rules, volume 12, C.R.S., (including those pre-printed or computer-generated forms designated “CRCP” or “CPC” and those contained in the appendices of volume 12, C.R.S.), and forms generated by the state's judicial electronic system shall conform to criteria established by the State Court Administrator's Office with the approval of the Colorado Supreme Court. Such forms, whether preprinted or computer- generated, shall employ a form of caption similar to those contained in this rule, , and 1 inch left margin, ½ inch right and bottom margins, and at least 1 inch top margin, except that for forms designated “JDF” or “SCAO” the requirement of at least 1 inch for the top margin shall apply to forms created or revised on and after April 5, 2010. COMMENTS [NO CHANGE] Rule 16.2. Court Facilitated Management of Domestic Relations Cases and General Provisions Governing Duty of Disclosure (a) – (d) [NO CHANGE] (e) Disclosure. (1) [NO CHANGE] (2) Except as set forth in C.R.C.P. 16.2(e)(11) below, a party shall, without a formal discovery request, provide the Mandatory Disclosures, as set forth in the form and content of Appendix to Chapters 1 to 17A, Form 35.1, C.R.C.P., and shall provide a completed Sworn Financial Statement and (if applicable) Supporting Schedules as set forth in the form and content of Appendix to Chapters 1 to 17A, Form 35.2 and Form 35.3, C.R.C.P., to the other party within 42 days after service of a petition or a post decree motion involving financial issues. The parties shall exchange the required Mandatory Disclosures, the Sworn Financial Statement and (if applicable) Supporting Schedules by the time of the initial status conference to the extent reasonably possible. Parties proceeding under C.R.C.P. 16.2(e)(11) shall file and serve a completed Affidavit in Support of Waiver of Mandatory Disclosures, Form 1372, within 42 days after service of a petition or a post decree motion involving financial matters. (3) - (10) [NO CHANGE] (11) (a) Parties to a domestic relations matter may agree in writing to limit exchange of financial disclosures otherwise required under C.R.C.P. 16.2(e)(2) to Sworn Financial Statements so long as the parties affirm that all of the following conditions exist at the time of their agreement: 1. Limiting disclosure will not create a substantial hardship to any party; 2. No party is pregnant, and the matter will not involve a determination of paternity, entry of a parenting plan, or an order of child support; 3. Neither party is currently seeking an award of maintenance; 4. The net equity (estimated value as of the current date minus all amounts owed) of all marital assets in a dissolution matter, (excluding the marital residence) is less than $100,000. 5. The combined debt of the parties, not including the mortgage on the marital residence, is less than $50,000; and 6. Neither party has any separate property interests with net equity exceeding $10,000, any interest in a pension, or any interest in a trust. (b) Each party shall execute an Affidavit in Support of Waiver of Mandatory Disclosures, Form 1372, affirming they meet the requirements above for limited disclosures. (c) In all domestic relations cases, the filing of a Sworn Financial Statement remains mandatory. At any time after filing Sworn Financial Statements, either party may withdraw consent to limited financial disclosures by filing a Notice of Withdrawal of Consent to Waiver of Mandatory Financial Disclosures in Domestic Relations Cases, Form 1373, with the Court withdrawing consent to limited disclosures, or the Court may order that limited financial disclosure is not appropriate given the facts of a particular case. All disclosures required under C.R.C.P. 16.2(e)(2) shall be exchanged and the Certificate of Compliance filed within 28 days following the earlier of the date of filing a withdrawal of consent or entry of a Court order mandating complete financial disclosures. (f) - (j) [NO CHANGE] COMMENTS [NO CHANGE] Rule 26. General Provisions Governing Discovery; Duty of Disclosure (a) – (c) [NO CHANGE] (d) Timing and Sequence of Discovery. Except when authorized by these Rules, by order, or by agreement of the parties, a party may not seek discovery from any source before service of the Case Management Order pursuant to C.R.C.P. 16(b)(19). Any discovery conducted prior to issuance of the Case Management Order shall not exceed the limitations established by C.R.C.P. 26(b)(2). Unless the parties stipulate or the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence, and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery. (e) – (g) [NO CHANGE] COMMENTS [NO CHANGE] Rule 121. Local Rules—Statewide Practice Standards (a) – (c) [NO CHANGE] Section 1 – 1 to 1 – 14 [NO CHANGE] Section 1 – 15 DETERMINATION OF MOTIONS 1. Motions and Briefs; When Required; Time for Serving and Filing--Length. (a) Except motions during trial or where the court orders that certain or all non-dispositive motions be made orally, any motions involving a contested issue of law shall be supported by a recitation of legal authority incorporated into the motion, which shall not be filed with a separate brief. Unless the court orders otherwise, motions and responsive briefs not under C.R.C.P. 12(b)(1) or (2), or 56 are limited to 15 pages, and reply briefs to 10 pages, not including the case caption, signature block, certificate of service and attachments. Unless the court orders otherwise, motions and responsive briefs under C.R.C.P. 12(b)(1) or (2) or 56 are limited to 25 pages, and reply briefs to 15 pages, not including the case caption, signature block, certificate of service and attachments. All motions and briefs shall comply with C.R.C.P. 10(d). (b) The responding party shall have 21 days after the filing of the motion or such lesser or greater time as the court may allow in which to file a responsive brief. If a motion is filed 42 days or less before the trial date, the responding party shall have 14 days after the filing of the motion or such lesser or greater time as the court may allow in which to file a responsive brief. (c) Except for a motion pursuant to C.R.C.P. 56, the moving party shall have 7 days after the filing of the responsive brief or such greater or lesser time as the court may allow to file a reply brief. For a motion pursuant to C.R.C.P. 56, the moving party shall have 14 days after the filing of the responsive brief or such greater or lesser time as the court may allow to file a reply brief. (d) A motion shall not be included in a response or reply to the original motion. 2. Affidavits. If facts not appearing of record may be considered in disposition of the motion, the parties may file affidavits with the motion or within the time specified for filing the party's brief in this section 1-15, Rules 6, 56 or 59, C.R.C.P., or as otherwise ordered by the court. Copies of such affidavits and any documentary evidence used in connection with the motion shall be served on all other parties. 3. Effect of Failure to File Legal Authority. If the moving party fails to incorporate legal authority into a written motion, the court may deem the motion abandoned and may enter an order denying the motion. Other than motions seeking to resolve a claim or defense under C.R.C.P. 12 or 56, failure of a responding party to file a responsive brief may be considered a confession of the motion. 4. Motions to Be Determined on Briefs, When Oral Argument is Allowed; Motions Requiring Immediate Attention. Motions shall be determined promptly if possible. The court has discretion to order briefing or set a hearing on the motion. If possible, the court shall determine oral motions at the conclusion of the argument, but may take the motion under advisement or require briefing before ruling. Any motion requiring immediate disposition shall be called to the attention of the courtroom clerk by the party filing such motion. 5. Notification of Court's Ruling; Setting of Argument or Hearing When Ordered. Whenever the court enters an order denying or granting a motion without a hearing, all parties shall be forthwith notified by the court of such order. If the court desires or authorizes oral argument or an evidentiary hearing, all parties shall be so notified by the court. After notification, it shall be the responsibility of the moving party to have the motion set for oral argument or hearing. Unless the court orders otherwise, a notice to set oral argument or hearing shall be filed in accordance with Practice Standard § 1-6 within 7 days of notification that oral argument or hearing is required or authorized. 6. Effect of Failure to Appear at Oral Argument or Hearing. If any of the parties fails to appear at an oral argument or hearing, without prior showing of good cause for non-appearance, the court may proceed to hear and rule on the motion. 7. Sanctions. If a frivolous motion is filed or if frivolous opposition to a motion is interposed, the court may assess reasonable attorney's fees against the party or attorney filing such motion or interposing such opposition. 8. Duty to Confer. Unless a statute or rule governing the motion provides that it may be filed without notice, moving counsel and any self-represented party shall confer with opposing counsel and any self-represented parties before filing a motion. The requirement of self- represented parties to confer and the requirement to confer with self-represented parties shall not apply to any incarcerated person, or any self-represented party as to whom the requirement is contrary to court order or statute, including, but not limited to, any person as to whom contact would or precipitate a violation of a protection or restraining order. The motion shall, at the beginning, contain a certification that the movant in good faith has conferred with opposing counsel and any self-represented parties about the motion. If the relief sought by the motion has been agreed to by the parties or will not be opposed, the court shall be so advised in the motion. If no conference has occurred, the reason why, including all efforts to confer, shall be stated. 9. Unopposed Motions. All unopposed motions shall be so designated in the title of the motion. 10. Proposed Order. Except for orders containing signatures of the parties or attorneys as required by statute or rule, each motion shall be accompanied by a proposed order submitted in editable format. The proposed order complies with this provision if it states that the requested relief be granted or denied. Orders that are submitted as proposed shall not contain the word (PROPOSED) in the caption of the order. Proposed Orders must only be designated as proposed in the e-filing transmission. 11. Motions to Reconsider. Motions to reconsider interlocutory orders of the court, meaning motions to reconsider other than those governed by C.R.C.P. 59 or 60, are disfavored. A party moving to reconsider must show more than a disagreement with the court's decision. Such a motion must allege a manifest error of fact or law that clearly mandates a different result or other circumstance resulting in manifest injustice. The motion shall be filed within 14 days from the date of the order, unless the party seeking reconsideration shows good cause for not filing within that time. Good cause for not filing within 14 days from the date of the order includes newly available material evidence and an intervening change in the governing legal standard. The court may deny the motion before receiving a responsive brief under paragraph 1(b) of this standard. COMMENTS [NO CHANGE] Section 1 – 16 to 1 – 25 [NO CHANGE] Section 1 – 26 ELECTRONIC FILING AND SERVICE SYSTEM 1. - 14. [NO CHANGE] 15. Form of Electronic Documents. (a) - (b) [NO CHANGE] (c) Proposed Orders. Proposed orders shall be E-Filed in editable format. Proposed orders that are E-Filed in a non-editable format shall be rejected by the Court Clerk's office and must be resubmitted. Orders that are submitted as proposed shall not contain the word (PROPOSED) in the caption of the order. Proposed Orders must only be designated as proposed in the e-filing transmission. COMMENTS [NO CHANGE] Form 29 SC - Writ of Garnishment with Notice of Exemption R: 1/2224 Page 1 of 3 ❑County Court ❑District Court ___________________________ County, Colorado Court Address: Plaintiff(s)/Petitioner(s): v. Defendant(s)/Respondent(s): COURT USE ONLY Judgment Creditor’s Attorney or Judgment Creditor (Name and Address): Phone Number: E-mail: FAX Number: Atty. Reg. #: Case Number: Division Courtroom Writ of Garnishment with Notice of Exemption and Pending Levy The Judgment creditor is (check one): ❑a licensed collection agency pursuant to §5-16-101, et. seq., C.R.S.; ❑represented by an attorney; or ❑not represented by an attorney and is not a licensed collection agency pursuant to §5-16-101 et. seq., C.R.S. Judgment Debtor’s name, last known address, other identifying information:______________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 1. Original Amount of Judgment Entered ___________________________(date) $ ___________________ 2. Plus any Interest Due on Judgment (currently________________% per annum) + $____________________ 3. Taxable Costs (including estimated cost of service of this Writ) + $____________________ 4. Less any Amount Paid - $____________________ 5. Principal Balance/Total Amount Due and Owing = $____________________ By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form. By checking this box, I am acknowledging that I have made a change to the original content of this form. ____________________________________________________________________________________________________ Verification I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct and I am authorized to act for the Judgment Creditor. __________________________________________ Printed name of Judgment Creditor ____________________________________________________________________________________________________ Address City State Zip Code Executed on the ______ day of __________________, _______, at ______________________________________________ (date) (month) (year) (city or other location, and state OR country) _________________________________________ _______________________________________________________ Printed name of Authorized Party Signature of Authorized Party (Title and Phone No.) ____________________________________________________________________________________________________ Address City State Zip Code Writ of Garnishment with Notice of Exemption and Pending Levy THE PEOPLE OF THE STATE OF COLORADO to the Sheriff of any Colorado County, or to any person 18 years or older and who is not a party to this action: You are directed to serve a copy of this Writ of Garnishment upon ______________________________________, Garnishee, Form 29 SC - Writ of Garnishment with Notice of Exemption R: 1/2224 Page 2 of 3 with proper return of service to be made to the Court. To The Garnishee: You are hereby summoned as garnishee in this action and ordered: a. To answer the following questions under oath and file your answers with the Clerk of the Court (AND to mail a completed copy with your answers to the Judgment Creditor or attorney when a stamped envelope is attached) within 14 days following service of this Writ upon you. Your failure to answer this writ with notice may result in the entry of a default against you. b. To hold pending court order the personal property of any kind (other than earnings of a natural person) in your possession or control, including the debts, credits, choses in action or money owed to the Judgment Debtor whether they are due at the time of the service of the writ or are to become due thereafter. You Are Notified: a. This Writ with Notice applies to all personal property (other than earnings) owed to or owned by the Judgment Debtor and in your possession or control as of the date and time this Writ was served upon you. b. In no case may you withhold any personal property greater than the amount on Line 5 on the front of this Writ unless the personal property is incapable of being divided. c. After you file your answers to the following questions, and after receiving a separate notice or order from the court, make checks payable and mail to: ❑the Judgment Creditor named above (May select only if the Judgment Creditor is a licensed collection agency pursuant to 5-16-101, et. seq., C.R.S.); ❑the Judgment Creditor’s Attorney (if applicable); or to the ❑Clerk of the County Court or District Court in ______________________ (city), Colorado (Must select if the Judgment Creditor is not represented by an attorney AND is not a licensed collection agency pursuant to 5-16-101, et. seq., C.R.S.) at the address below: Name: __________________________________________________________________________________________ Address: ________________________________________________________________________________________ Please Put the Case Number (Above) on the Front of the Check. CLERK OF THE COURT By Deputy Clerk: ___________________________________ Date: _____________________________________________ Questions to be Answered by Garnishee Judgment Debtor’s Name: ___________________________________ Case Number: ___________________ The following questions MUST be answered by you under oath: a. On the date and time this Writ was served upon you, did you possess or control any personal property of the Judgment Debtor or did you owe any rents, payments, obligations, debts or moneys other than earnings to the Judgment Debtor? ❑YES ❑NO b. If YES, list all items of personal property and their location(s) and/or describe the nature and amount of the debt or obligation: (Attach additional pages if necessary): _________________________________________________________ _______________________________________________________________________________________________ c. Do you claim any setoff against any property, debt or obligation listed above? ❑YES ❑NO d. If you answered YES to question c, describe the nature and amount of the setoff claimed: (Attach additional pages if necessary): _______________________________________________________________ ______________________________________________________________________________________________ Verification I declare under penalty of perjury under the law of Colorado that I am authorized to act for the Garnishee and the foregoing is true and correct. Name of Garnishee (Print) ________________________________________ Executed on the ______ day of ________________, _______, at ________________________________________________ (date) (month) (year) (city or other location, and state OR country) __________________________________________ ________________________________________________ (Printed name of Person Answering) Signature of Person Answering Notice to Judgment Debtor of Exemption and Pending Levy This Writ with Notice is a Court order which may cause your property or money to be held and taken to pay a judgment entered against you. You have legal rights which may prevent all or part of your money or property from being taken. That part of the money or property which may not be taken is called “exempt property”. A partial list of “exempt property” is shown below, along Form 29 SC - Writ of Garnishment with Notice of Exemption R: 1/2224 Page 3 of 3 with the law which may make all or part of your money or property exempt. The purpose of this notice is to tell you about these rights. Partial List of Exempt Property 1. All or part of your property listed in Sections 13-54-101 and 102, C.R.S., including clothing, jewelry, books, burial sites, household goods, food and fuel, farm animals, seed, tools, equipment and implements, military allowances, stock-in-trade and certain items used in your occupation, bicycles, motor vehicles (greater for disabled persons), life insurance, income tax refunds, attributed to an earned income tax credit or child tax credit, money received because of loss of property or for personal injury, equipment that you need because of your health, or money received because you were a victim of a crime. 2. All or part of your earnings under Section 13-54-104, C.R.S. 3. Worker’s compensation benefits under Section 8-42-124, C.R.S. 4. Unemployment compensation benefits under Section 8-80-103, C.R.S. 5. Group life insurance benefits under Section 10-7-205, C.R.S. 6. Health insurance benefits under Section 10-16-212, C.R.S. 7. Fraternal society benefits under Section 10-14-403, C.R.S. 8. Family allowances under Section 15-11-404, C.R.S. 9. Teachers’ retirement fund benefits under Section 22-64-120, C.R.S. 10. Public employees’ retirement benefits (PERA) under Sections 24-51-212 and 24-54-111, C.R.S. 11. Social Ssecurity benefits (OASDI, SSI) under 42 U.S.C. §407. 12. Railroad employee retirement benefits under 45 U.S.C. §231m. 13. Public assistance benefits (OAP, AFDC, TANF, AND, AB, LEAP) under Section 26-2-131, C.R.S. 14. Police Officer’s and Firefighter’s pension fund payments under Sections 31-30-1117 & 31-30.5-208 and 31-31-203, C.R.S. 15. Utility and security deposits under Section 13-54-102(1)(r), C.R.S. 16. Proceeds of the sale of homestead property under Section 38-41-207, C.R.S. 17. Veteran’s Administration benefits under 38 U.S.C. §5301. 18. Civil service retirement benefits under 5 U.S.C. §8346. 19. Mobile homes and trailers under Section 38-41-201.6, C.R.S. 20. Certain retirement and pension funds and benefits under Section 13-54-102(1)(s), C.R.S. 21. A Court-ordered child support or maintenance obligation or payment under Section 13-54-102(1)(u), C.R.S. 22. Public or private disability benefits under Section 13-54-102(1)(v), C.R.S. 23. Through February 1, 2021, up to four thousand dollars cumulative in a depository account or accounts in the name of the debtor Up to two thousand five hundred dollars cumulative in a depository account or accounts in the name of the debtor under Section 13-54-102, C.R.S. If the money or property which is being withheld from you includes any “exempt property,” you must file within 14 days of receiving this notice a written Claim of Exemption with the Clerk of the Court describing what money or property you think is “exempt property” and the reason that it is exempt. YOU MUST USE THE APPROVED FORM attached to this Writ or a copy of it. When you file the claim, you must immediately deliver, by certified mail, return receipt requested, a copy of your claim to the Garnishee (person/place that was garnished) and to the Judgment Creditor’s attorney, or if none, to the Judgment Creditor at the address shown on this Writ with Notice. Notwithstanding your right to claim the property as “exempt,” no exemption other than the exemptions set forth in Section 13-54-104(3), C.R.S., may be claimed for a Writ which is the result of a judgment taken for arrearages for child support or for child support debt. Once you have properly filed your claim, the court will schedule a hearing within 14 days. The Clerk of the Court will notify you and the Judgment Creditor or attorney of the date and time of the hearing, by telephone, by mail or in person. When you come to your hearing, you should be ready to explain why you believe your money or property is “exempt property”. If you do not appear at the scheduled time, your money or property may be taken by the Court to pay the judgment entered against you. Remember that this is only a partial list of “exempt property”; you may wish to consult with a lawyer who can advise you of your rights. If you cannot afford one, there are listings of legal assistance and legal aid offices in the yellow pages of the telephone book. You must act quickly to protect your rights. Remember, you only have 14 days after receiving this notice to file your claim of exemption with the Clerk of the Court. FORM 30SC R1-2418 CLAIM OF EXEMPTION TO WRIT OF GARNISHMENT WITH NOTICE ❑ County Court ❑ District Court _____________________________County, Colorado Court Address: Plaintiff(s)/Petitioner(s): v. Defendant(s)/Respondent(s): COURT USE ONLY Judgment Debtor’s Attorney or Judgment Debtor (Name and Address): Phone Number: E-mail: FAX Number: Atty. Reg. #: Case Number: Division Courtroom CLAIM OF EXEMPTION TO WRIT OF GARNISHMENT WITH NOTICE Instruction to Judgment Debtor: Use this form to claim your property is exempt from Garnishment. Name: _________________________________________________ Phone Number ___________________ Street Address: _____________________________________________________________________________ Mailing Address, if different: __________________________________________________________ City:______________________________ State:________________________ Zip Code:___________________ I believe the following property is exempt: Description of Property Being Held:___________________________________________________________ Value of Property Being Held: $ _____________________ Amount of Value I Claim is Exempt: $ _____________________ I claim the Property is Exempt because (Please write the Exemption(s) listed in the Writ of Garnishment with Notice, if applicable): __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ (If there is more than one account in which property is being held, please include those in the lines above or on a separate sheet). ❑ By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form. ❑ By checking this box, I am acknowledging that I have made a change to the original content of this form. I certify that the above is correct to the best of my knowledge and belief and that I sent a copy of this document by certified mail (return receipt requested) or by E-Service to both the Garnishee and to the Judgment Creditor, or if the Judgment Creditor is represented by Counsel, certified mail (return receipt requested) to the Judgment Creditor’s Attorney or E-Service to the Judgment Creditor’s Attorney. The person/place that was garnished Judgment Creditor or Attorney Address: ________________________________________ Address: ___________________________________ ________________________________________________ ___________________________________________ Subscribed under affirmation or oath ___________________________________________ before me on ______________________(date) Signature of Judgment Debtor or Judgment Debtor’s Counsel and Reg. Number My commission expires: ____________________________ ________________________________________________ Notary Public/Deputy Clerk JDF 250 SC R 1-22 24 (PART 1/ PAGE 1) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL COURT COPY Small Claims Court ____________________________ County, Colorado Court Address: COURT USE ONLY Case Number: S Division Courtroom PLAINTIFF(S): _____________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ v. DEFENDANT(1): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ DEFENDANT(2): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL (Part 1) If Defendant(s) is/are other than a person, go on-line at www.coloradosos.gov to determine the registered agent for service of this notice. Please enter name and address of the agent. Name: ____________________________ Address: ___________________________________________________________________________________ 1. The Defendant(s) is/are in the military service: ❑Yes ❑No ❑Unknown 2. The Defendant(s) reside(s), is/are regularly employed, has/have an office for the transaction of business, or is/are a student in this county, or real property located in this county is the subject of claim(s) arising from a restrictive covenant or security deposit dispute. ❑Yes ❑No 3. I/We understand that it is my/our responsibility to have each Defendant served with the “Defendant’s Copy” of this Notice by a person whose age is 18 years or older and who is not a party to this action 15 days prior to the trial and to provide the Court with written proof of service. ❑Yes ❑No 4. I am an attorney: ❑Yes ❑No Notice and Summons to Appear for Trial To the Defendant(s): You are scheduled to have your trial in this case on ________________________ (date) at __________(time) at the Court address stated in the above caption. Bring with you all books, papers and witnesses you need to establish your defense. If you do not appear, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must provide a written response or written counterclaim on or before the scheduled trial date and pay a nonrefundable filing fee. Dated: ____________________________ ______________________________________ Clerk of Court/Deputy Clerk Plaintiff(s)’s Claim (Please summarize reasons to support your claim below.) The Defendant(s) owe(s) me $______________, which includes penalties, plus interest and costs allowed by law, and/or should be ordered to return property, perform a contract or set aside a contract or comply with a restrictive covenant for the following reasons. (If seeking return of property, please describe the property being requested). ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Note: The combined value of money, property, specific performance or cost to remedy a covenant violation cannot exceed $7,500.00. I/we declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. I/we have not filed in any Small Claims Court in this County more than 2 claims during this calendar month, nor more than 18 claims in this County this calendar year. Dated: ____________________________________________ ___________________________________________ Plaintiff’s Signature ___________________________________________ Plaintiff’s Signature JDF 250 SC R1-22 24 (PART 2/ PAGE 2) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL DEFENDANT’S COPY Small Claims Court ____________________________ County, Colorado Court Address: PLAINTIFF(S): _____________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ v. DEFENDANT(1): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ DEFENDANT(2): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ COURT USE ONLY Case Number: S Division Courtroom NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL (Part 2) If Defendant(s) is/are other than a person, go on-line at www.coloradosos.gov to determine the registered agent for service of this notice. Please enter name and address of the agent. Name: ____________________________ Address: ___________________________________________________________________________________ 1. The Defendant(s) is/are in the military service: ❑Yes ❑No ❑Unknown 2. The Defendant(s) reside(s), is/are regularly employed, has/have an office for the transaction of business, or is/are a student in this county, or real property located in this county is the subject of claim(s) arising from a restrictive covenant or security deposit dispute. ❑Yes ❑No 3. I/We understand that it is my/our responsibility to have each Defendant served with the “Defendant’s Copy” of this Notice by a person whose age is 18 years or older and who is not a party to this action 15 days prior to the trial and to provide the Court with written proof of service. ❑Yes ❑No 4. I am an attorney: ❑Yes ❑No Notice and Summons to Appear for Trial To the Defendant(s): You are scheduled to have your trial in this case on _________________________ (date) at__________ (time) at the Court address stated in the above caption. Bring with you all books, papers and witnesses you need to establish your defense. If you do not appear, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must provide a written response or written counterclaim on or before the scheduled trial date and pay a nonrefundable filing fee. Dated: ____________________________ ______________________________________ Clerk of Court/Deputy Clerk Plaintiff(s)’s Claim (Please summarize reasons to support your claim below.) The Defendant(s) owe(s) me $________________, which includes penalties, plus interest and costs allowed by law, and/or should be ordered to return property, perform a contract or set aside a contract or comply with a restrictive covenant for the following reasons. (If seeking return of property, please describe the property being requested). ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Note: The combined value of money, property, specific performance or cost to remedy a covenant violation cannot exceed $7,500.00. I/we declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. I/we have not filed in any Small Claims Court in this County more than 2 claims during this calendar month, nor more than 18 claims in this County in this calendar year. Dated: ____________________________________________ ___________________________________________ Plaintiff’s Signature ___________________________________________ Plaintiff’s Signature JDF 250 SC R1-2224- (PART 2/ PAGE 3) NOTICE, CLAIM, AND SUMMONS TO APPEAR DEFENDANT’S COPY You must complete and fill out a response and or counterclaim on reverse side of Defendant’s copy and bring to Court. Defendant’s Response (If responding, pay the appropriate filing fee). I do not owe the Plaintiff(s) or am not responsible to the Plaintiff(s) because: ____________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Defendant’s Counterclaim (If submitting a counterclaim, pay the appropriate filing fee). The Plaintiff(s) owe(s) me $_______________, which includes penalties, plus interest and costs allowed by law and/or should be ordered to return property, perform a contract or set aside a contract or comply with a restrictive covenant for the following reasons. (If seeking return of property, please describe the property being requested). ______________________________________________________________________________________________________ _____________________________________________________________________________________________________ ❑ The amount of my/our counterclaim does not exceed the jurisdictional amount of the Small Claims Court of $7,500.00. ❑ The amount of my/our counterclaim exceeds the jurisdictional amount of the Small Claims Court, but I/we wish to limit the amount that I/we wish to recover from the Plaintiff to $7,500.00. ❑ The amount of my/our counterclaim exceeds the jurisdictional amount of the Small Claims Court, and I/we wish to have the case sent to ❑County Court (only if I/we wish to limit the amount I/we can recover from the plaintiff to $25,000.00) ❑District Court (I /we do not wish to limit the amount I/we can recover from the Plaintiff(s)) and will pay the appropriate filing fee. I/we am/are filing a Notice of Removal and paying the appropriate filing fee to the Court at this time. I am an attorney. ❑Yes ❑No I declare under penalty of perjury that this information is true and correct and that I mailed a copy of the Response/Counterclaim to the Plaintiff(s) at the address(es) stated on this form on ____________________ (date). ____________________________________________________________ Defendant’s Address _____________________________________ ____________________________________________________________ Defendant’s Signature Date Telephone #: Home Work Cell Information for Defendants in Small Claims Cases A. Filing Fees. Response without a counterclaim: Claim $500.00 or less: $26.00 ⧫ Claim over $500.00 but less than $7,500.00: $41.00 Response with a counterclaim: If Plaintiff’s claim is $500.00 or less and counterclaim is $500.00 or less: $31.00 If Plaintiff’s claim is more than $500.00 or counterclaim is more than $500.00: $46.00 B. Response. You have been served with a Summons. If you fail to appear on the trial date shown on this notice, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must file with the Court Clerk a written response or counterclaim on or before the scheduled trial date, provide a copy to the Plaintiff(s), pay the appropriate nonrefundable filing fee, and appear on the date set for trial in this notice with all evidence and witnesses needed to establish your defense. C. Subpoenas. Upon your request, the clerk will issue a subpoena to require witnesses to appear or bring documents for your trial. It is your responsibility to complete the information needed on the subpoena and to have the subpoena served. Subpoenas must be served personally and may be served by a person over the age of 18 that is not a party to the case. Subpoenas must be accompanied by a check for payment of witness fees and mileage for any witnesses served. D. Counterclaim. If you have a claim against the Plaintiff(s), you must file with the Court clerk the Defendant’s counterclaim at the top of this form, provide a copy of the counterclaim to the Plaintiff(s) prior to the trial, and pay the appropriate nonrefundable filing fee. If you settle your counterclaim before trial, notify the Small Claims Court and the Plaintiff(s) in writing. If you want your case heard by a Court of greater jurisdiction, you must complete and file this form, pay the appropriate filing fee (County: Under $999.99 = $85.00; $1,000 - $14,999.99= $105.00; $15,000.00 - $25,000 = $135.00. District: $235.00) and file a Notice of Removal (JDF 251) at least 7 days before the trial date shown on this Notice. E. Trial Responsibility. You have a right to a trial. Bring all evidence necessary to establish your defense and/or counterclaim: books, papers, repair bills, photographs or other exhibits. If the suit involves the delivery of personal property, be prepared to deliver the property immediately after trial. Be on time. If you are late, the Court may enter judgment against you. F. Appeal. If you wish to appeal, you must file your notice of appeal within 14 days of the judgment and proceed according to C.R.C.P 411. G. Judgment. The Court does not collect any judgment, but will help with the necessary forms. Money Judgment. If judgment is entered against you, you are expected to immediately pay the judgment, including filing fees and court costs. If the judgment is not paid immediately, you must answer questions about your assets and income and the other party can obtain a writ of garnishment or execution against your wages or property. Once the judgment is paid, you are entitled to have the judgment satisfied. Non-monetary Judgment. If the Court orders immediate possession of the property, performance of a contract, setting aside of a contract or compliance with a restrictive covenant, your failure to comply with the Court order may result in an award of damages and/or being held in contempt. H. Case Inquiries. When inquiring about this case, refer to the case number on this notice. Direct all inquiries to the clerk, not the judge or magistrate. I. Attorney. If you want to be represented by an attorney, you or your attorney must file a Notice of Representation of Attorney (JDF 256) at least 7 days before the trial date on this notice. Then the Plaintiff(s) may have representation by an attorney. If the Plaintiff(s) is/are an attorney, you also may be represented by an attorney without filing a notice of representation. Even if there are attorneys in the case, the rules and procedures of the Small Claims Court will still apply. J. Judicial Officer. A magistrate or a judge may hear your case. If you want a judge to hear your case, you must file an Objection to a Magistrate Hearing Case (JDF 259) at least 7 days before the trial date set in this notice. The rules and procedures of the Small Claims Court will still apply. K. Language Interpreter. If you or a witness requires a language interpreter to be present for hearings, you must contact the Managing Interpreter corresponding to the district in which the case will be heard at least 7 days before the trial date is set on this notice. A language interpreter may only interpret what is said between parties during a hearing and immediately prior to or after the hearing. A language interpreter may not provide legal advice or any other service that is not related to interpreting. Interpreters may not provide any services that may constitute a violation of the language interpreter’s Code of Professional Responsibility. A current list of Managing Interpreters can be viewed at http://www.courts.state.co.us/Administration/Custom.cfm?Unit=interp&Page_ID=117. JDF 250 SC R1-2224 (PART 3/ PAGE 4) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL PLAINTIFF’S COPY Small Claims Court ____________________________ County, Colorado Court Address: PLAINTIFF(S): _____________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ v. DEFENDANT(1): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ DEFENDANT(2): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ COURT USE ONLY Case Number: S Division Courtroom NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL (Part 3) If Defendant(s) is/are other than a person, go on-line at www.coloradosos.gov to determine the registered agent for service of this notice. Please enter name and address of the agent. Name: ____________________________ Address: ___________________________________________________________________________________ 1. The Defendant(s) is/are in the military service: ❑Yes ❑No ❑Unknown 2. The Defendant(s) reside(s), is/are regularly employed, has/have an office for the transaction of business, or is/are a student in this county, or real property located in this county is the subject of claim(s) arising from a restrictive covenant or security deposit dispute. ❑Yes ❑No 3. I/We understand that it is my/our responsibility to have each Defendant served with the “Defendant’s Copy” of this Notice by a person whose age is 18 years or older and who is not a party to this action 15 days prior to the trial and to provide the Court with written proof of service. ❑Yes ❑No 4. I am an attorney: ❑Yes ❑No Notice and Summons to Appear for Trial To the Defendant(s): You are scheduled to have your trial in this case on (date) ___________________________ (time) __________ at the Court address stated in the above caption. Bring with you all books, papers and witnesses you need to establish your defense. If you do not appear, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must provide a written response or written counterclaim on or before the scheduled trial date and pay a nonrefundable filing fee. Dated: ____________________________ ______________________________________ Clerk of Court/Deputy Clerk Plaintiff(s)’s Claim (Please summarize reasons to support your claim below.) The Defendant(s) owe(s) me $______________, which includes penalties, plus interest and costs allowed by law, and/or should be ordered to return property, perform a contract or set aside a contract or comply with a restrictive covenant for the following reasons. (If seeking return of property, please describe the property being requested). ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Note: The combined value of money, property, specific performance or cost to remedy a covenant violation cannot exceed $7,500.00. I/we declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. I/we have not filed in any Small Claims Court in this County more than 2 claims during this calendar month, nor more than 18 claims in this County in this calendar year. Dated: ____________________________________________ ___________________________________________ Plaintiff’s Signature ___________________________________________ Plaintiff’s Signature JDF 250 SC R1-2224 (PART 3/ PAGE 5) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL PLAINTIFF’S COPY INFORMATION FOR PLAINTIFFS IN SMALL CLAIMS CASES A. FILING. You may file your claim in this Court if: 1. Your claim is for money, property, specific performance or rescission of a contract, or enforcement of a restrictive covenant that does not exceed $7,500.00. You may reduce a larger claim and waive the balance. You cannot divide a claim and file two separate cases. 2. At least one of the parties you sue resides, is regularly employed, has an office for the transaction of business, or is a student in this county, or they own rental property in the county that is the subject of this claim. 3. You pay the clerk one of the following NONREFUNDABLE filing fees. Claim $500.00 or less: $31.00 Claim over $500.00 but less no more than $7,500.00: $55.00 B. SERVICE. This notice to appear must be served at least 15 days prior to the trial on each Defendant. It may be served by: 1. Any person whose age is 18 years or older and who is not a party to this action. 2. Sheriff or process server. 3. Certified Mail that is mailed by the clerk. You must deposit the cost for certified mail in advance. C. SETTLEMENT. If you settle your claim before trial, you must notify the Small Claims Court and Defendant in writing. D. SUBPOENAS. Upon your request, the clerk will issue a subpoena to require witnesses to appear or bring documents for your trial. It is your responsibility to complete the information needed on the subpoena and to have the subpoena served. Subpoenas must be served personally and may be served by a person over the age of 18 that is not a party to the case. Subpoenas must be accompanied by a check for payment of witness fees and mileage for any witnesses served. E. TRIAL RESPONSIBILITY. You have a right to a trial. Bring all evidence necessary to prove your case: books, papers, repair bills, photographs or other exhibits. Be on time. If you are late or do not appear, the Court may enter judgment in favor of the Defendant and against you if the Defendant filed a counterclaim. F. APPEAL. If you wish to appeal, you must file your notice of appeal within 14 days of the judgment and proceed according to C.R.C.P. 411. G. JUDGMENT. THE COURT DOES NOT COLLECT ANY JUDGMENT, but will help with the necessary forms. Money Judgment. If judgment is entered in favor of the Defendant and against you, you are expected to immediately pay the judgment, including filing fees and court costs. If the judgment is not paid immediately, you must answer questions about your assets and income and the other party can obtain a writ of garnishment or execution against your wages or property. Once the judgment is paid, you are entitled to have the judgment satisfied. Non-monetary Judgment. If the Court orders immediate possession of the property, performance of a contract, setting aside of a contract or compliance with a restrictive covenant, failure to comply with the Court order may result in an award of damages and or being held in contempt. H. CASE INQUIRIES. When inquiring about this case, refer to the case number on the other side of this document. Direct all inquiries to the clerk, not the judge or magistrate. I. ATTORNEY. If the Defendant(s) want(s) to be represented by an attorney, the Defendant(s) or attorney must file a Notice of Representation of Attorney (JDF 256) at least 7 days before the trial date on this notice. Then, you may have representation by an attorney. If either party is an attorney, the other party may be represented by an attorney without filing a notice of representation. Even if there are attorneys in the case, the rules and procedures of the Small Claims Court will still apply. J. JUDICIAL OFFICER. A magistrate or judge may hear your case. If you want a judge to hear your case, you must file an Objection to a Magistrate Hearing Case (JDF 259) at least 7 days before the trial date set in this notice. The rules and procedures of the Small Claims Court will still apply. K. Language Interpreter. If you or a witness requires a language interpreter to be present for hearings, you must contact the Managing Interpreter corresponding to the district in which the case will be heard at least 7 days before the trial date is set on this notice. A language interpreter may only interpret what is said between parties during a hearing and immediately prior to or after the hearing. A language interpreter may not provide legal advice or any other service that is not related to interpreting. Interpreters may not provide any services that may constitute a violation of the language interpreter’s Code of Professional Responsibility. A current list of Managing Interpreters can be viewed at: http://www.courts.state.co.us/Administration/Custom.cfm?Unit=interp&Page_ID=117. JDF 250 SC R1-2224 (PART 4/ PAGE 6) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL COURT COPY Small Claims Court ____________________________ County, Colorado Court Address: PLAINTIFF(S): _____________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ v. DEFENDANT(1): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ DEFENDANT(2): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ COURT USE ONLY Case Number: S Division Courtroom NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL (Part 4) If Defendant(s) is/are other than a person, go on-line at www.coloradosos.gov to determine the registered agent for service of this notice. Please enter name and address of the agent. Name: ____________________________ Address: ___________________________________________________________________________________ 1. The Defendant(s) is/are in the military service: ❑Yes ❑No ❑Unknown 2. The Defendant(s) reside(s), is/are regularly employed, has/have an office for the transaction of business, or is/are a student in this county, or real property located in this county is the subject of claim(s) arising from a restrictive covenant or security deposit dispute. ❑Yes ❑No 3. I/We understand that it is my/our responsibility to have each Defendant served with the “Defendant’s Copy” of this Notice by a person whose age is 18 years or older and who is not a party to this action 15 days prior to the trial and to provide the Court with written proof of service. ❑Yes ❑No 4. I am an attorney: ❑Yes ❑No Notice and Summons to Appear for Trial To the Defendant(s): You are scheduled to have your trial in this case on (date) ___________________________ (time) __________ at the Court address stated in the above caption. Bring with you all books, papers and witnesses you need to establish your defense. If you do not appear, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must provide a written response or written counterclaim on or before the scheduled trial date and pay a nonrefundable filing fee. Dated: ____________________________ ______________________________________ Clerk of Court/Deputy Clerk Plaintiff(s)’s Claim (Please summarize reasons to support your claim below.) The Defendant(s) owe(s) me $_______________, which includes penalties, plus interest and costs allowed by law, and/or should be ordered to return property, perform a contract or set aside a contract or comply with a restrictive covenant for the following reasons. (If seeking return of property, please describe the property being requested). ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Note: The combined value of money, property, specific performance or cost to remedy a covenant violation cannot exceed $7,500.00 I/we declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. I/we have not filed in any Small Claims Court in this County more than 2 claims during this calendar month, nor more than 18 claims in this County in this calendar year. Dated: ____________________________________________ ___________________________________________ Plaintiff’s Signature ______________________________________ JDF 250SC R1-2224 (PART 4/ PAGE 7) NOTICE, CLAIM, AND SUMMONS TO APPEAR PLAINTIFF’S COPY Plaintiff’s Signature JDF 250 SC R1-2224 (PART 4/ PAGE 7) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL COURT COPY Case Name _____________________ v. ______________________ Case Number: _______________ AFFIDAVIT OF SERVICE (Must be returned to Court) I swear/affirm under oath that I am 18 years or older and not a party to the action, and that I served the Notice, Claim, and Summons to Appear for Trial (JDF 250) on the following: Name of Person Served Date and Time of Service Address of Service (Street, County, City, State) Check type of Service: ❑ By handing the documents to a person identified to me as the Defendant. ❑ By identifying the documents, offering to deliver them to a person identified to me as the Defendant who refused service, and then leaving the documents in a conspicuous place. ❑ By leaving the documents at the Defendant’s usual place of abode with ______________________ (Name of Person) who is a member of the Defendant’s family and whose age is 18 years or older. (Identify family relationship) ___________________________.) ❑ By leaving the documents at the Defendant’s usual workplace with __________________________ (Name of Person) who is the Defendant’s secretary, administrative assistant, bookkeeper, or managing agent. (Circle title of person served.) ❑ By leaving the documents with _____________________ (Name of Person), who as _______________ (title) is authorized by appointment or by law to receive service of process for the Defendant. ❑ By leaving the documents with an officer, partner, manager, stockholder, elected official or functional equivalent pursuant to C.R.C.P. 304 _______________________ (please identify) of the corporation or non-corporate entity which was to be served. (Circle title of person who was served.) ❑ By serving the documents as follows (other service under C.R.C.P. 304:_____________________________ ______________________________________________________________________________________. I have charged the following fees for my services in this matter: ❑ Private process server ❑ Sheriff, ____________________________County Fee $ ______________ Mileage $ _____________ ___________________________________________ Signature of Process Server ___________________________________________ Name (Print or type) Subscribed and affirmed, or sworn to before me in the County of ______________________, State of ________________, this _______ day of _______________, 20 ______. My Commission Expires: ________________________ ____________________________________________ Notary Public CERTIFICATE OF SERVICE BY MAILING (To be performed by Clerk within three days of filing) I hereby certify that on __________________________(date), I mailed a true and correct copy of the NOTICE, CLAIM, AND SUMMONS TO APPEAR FOR TRIAL, by placing it in the United States Mail, postage pre-paid to the Defendant(s) at the address(es) listed above. ________________________________________ Clerk of Court/Deputy Clerk ❑ (If applicable) Plaintiff(s) notified of non-service on (date) ______________________. Clerk’s Initials _______________ Form 29 - Writ of Garnishment with Notice of Exemption R: 1/24 Page 1 of 3 ❑County Court ❑District Court ___________________________ County, Colorado Court Address: Plaintiff(s)/Petitioner(s): v. Defendant(s)/Respondent(s): COURT USE ONLY Judgment Creditor’s Attorney or Judgment Creditor (Name and Address): Phone Number: E-mail: FAX Number: Atty. Reg. #: Case Number: Division Courtroom Writ of Garnishment with Notice of Exemption and Pending Levy The Judgment creditor is (check one): ❑a licensed collection agency pursuant to §5-16-101, et. seq., C.R.S.; ❑represented by an attorney; or ❑not represented by an attorney and is not a licensed collection agency pursuant to §5-16-101 et. seq., C.R.S. Judgment Debtor’s name, last known address, other identifying information:______________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 1. Original Amount of Judgment Entered ___________________________(date) $ ___________________ 2. Plus any Interest Due on Judgment (currently________________% per annum) + $____________________ 3. Taxable Costs (including estimated cost of service of this Writ) + $____________________ 4. Less any Amount Paid - $____________________ 5. Principal Balance/Total Amount Due and Owing = $____________________ By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form. By checking this box, I am acknowledging that I have made a change to the original content of this form. ____________________________________________________________________________________________________ Verification I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct and I am authorized to act for the Judgment Creditor. __________________________________________ Printed name of Judgment Creditor ____________________________________________________________________________________________________ Address City State Zip Code Executed on the ______ day of __________________, _______, at ______________________________________________ (date) (month) (year) (city or other location, and state OR country) _________________________________________ _______________________________________________________ Printed name of Authorized Party Signature of Authorized Party (Title and Phone No.) ____________________________________________________________________________________________________ Address City State Zip Code Writ of Garnishment with Notice of Exemption and Pending Levy THE PEOPLE OF THE STATE OF COLORADO to the Sheriff of any Colorado County, or to any person 18 years or older and who is not a party to this action: You are directed to serve a copy of this Writ of Garnishment upon ______________________________________, Garnishee, Form 29 - Writ of Garnishment with Notice of Exemption R: 1/24 Page 2 of 3 with proper return of service to be made to the Court. To The Garnishee: You are hereby summoned as garnishee in this action and ordered: a. To answer the following questions under oath and file your answers with the Clerk of the Court (AND to mail a completed copy with your answers to the Judgment Creditor or attorney when a stamped envelope is attached) within 14 days following service of this Writ upon you. Your failure to answer this writ with notice may result in the entry of a default against you. b. To hold pending court order the personal property of any kind (other than earnings of a natural person) in your possession or control, including the debts, credits, choses in action or money owed to the Judgment Debtor whether they are due at the time of the service of the writ or are to become due thereafter. You Are Notified: a. This Writ with Notice applies to all personal property (other than earnings) owed to or owned by the Judgment Debtor and in your possession or control as of the date and time this Writ was served upon you. b. In no case may you withhold any personal property greater than the amount on Line 5 on the front of this Writ unless the personal property is incapable of being divided. c. After you file your answers to the following questions, and after receiving a separate notice or order from the court, make checks payable and mail to: ❑the Judgment Creditor named above (May select only if the Judgment Creditor is a licensed collection agency pursuant to 5-16-101, et. seq., C.R.S.); ❑the Judgment Creditor’s Attorney (if applicable); or to the ❑Clerk of the County Court or District Court in ______________________ (city), Colorado (Must select if the Judgment Creditor is not represented by an attorney AND is not a licensed collection agency pursuant to 5-16-101, et. seq., C.R.S.) at the address below: Name: __________________________________________________________________________________________ Address: ________________________________________________________________________________________ Please Put the Case Number (Above) on the Front of the Check. CLERK OF THE COURT By Deputy Clerk: ___________________________________ Date: _____________________________________________ Questions to be Answered by Garnishee Judgment Debtor’s Name: ___________________________________ Case Number: ___________________ The following questions MUST be answered by you under oath: a. On the date and time this Writ was served upon you, did you possess or control any personal property of the Judgment Debtor or did you owe any rents, payments, obligations, debts or moneys other than earnings to the Judgment Debtor? ❑YES ❑NO b. If YES, list all items of personal property and their location(s) and/or describe the nature and amount of the debt or obligation: (Attach additional pages if necessary): _________________________________________________________ _______________________________________________________________________________________________ c. Do you claim any setoff against any property, debt or obligation listed above? ❑YES ❑NO d. If you answered YES to question c, describe the nature and amount of the setoff claimed: (Attach additional pages if necessary): _______________________________________________________________ ______________________________________________________________________________________________ Verification I declare under penalty of perjury under the law of Colorado that I am authorized to act for the Garnishee and the foregoing is true and correct. Name of Garnishee (Print) ________________________________________ Executed on the ______ day of ________________, _______, at ________________________________________________ (date) (month) (year) (city or other location, and state OR country) __________________________________________ ________________________________________________ (Printed name of Person Answering) Signature of Person Answering Notice to Judgment Debtor of Exemption and Pending Levy This Writ with Notice is a Court order which may cause your property or money to be held and taken to pay a judgment entered against you. You have legal rights which may prevent all or part of your money or property from being taken. That part of the money or property which may not be taken is called “exempt property”. A partial list of “exempt property” is shown below, along Form 29 - Writ of Garnishment with Notice of Exemption R: 1/24 Page 3 of 3 with the law which may make all or part of your money or property exempt. The purpose of this notice is to tell you about these rights. Partial List of Exempt Property 1. All or part of your property listed in Sections 13-54-101 and 102, C.R.S., including clothing, jewelry, books, burial sites, household goods, food and fuel, farm animals, seed, tools, equipment and implements, military allowances, stock-in-trade and certain items used in your occupation, bicycles, motor vehicles (greater for disabled persons), life insurance, income tax refunds, attributed to an earned income tax credit or child tax credit, money received because of loss of property or for personal injury, equipment that you need because of your health, or money received because you were a victim of a crime. 2. All or part of your earnings under Section 13-54-104, C.R.S. 3. Worker’s compensation benefits under Section 8-42-124, C.R.S. 4. Unemployment compensation benefits under Section 8-80-103, C.R.S. 5. Group life insurance benefits under Section 10-7-205, C.R.S. 6. Health insurance benefits under Section 10-16-212, C.R.S. 7. Fraternal society benefits under Section 10-14-403, C.R.S. 8. Family allowances under Section 15-11-404, C.R.S. 9. Teachers’ retirement fund benefits under Section 22-64-120, C.R.S. 10. Public employees’ retirement benefits (PERA) under Sections 24-51-212 and 24-54-111, C.R.S. 11. Social Security benefits (OASDI, SSI) under 42 U.S.C. §407. 12. Railroad employee retirement benefits under 45 U.S.C. §231m. 13. Public assistance benefits (OAP, AFDC, TANF, AND, AB, LEAP) under Section 26-2-131, C.R.S. 14. Police Officer’s and Firefighter’s pension fund payments under Sections 31-30-1117 & 31-30.5-208 and 31-31-203, C.R.S. 15. Utility and security deposits under Section 13-54-102(1)(r), C.R.S. 16. Proceeds of the sale of homestead property under Section 38-41-207, C.R.S. 17. Veteran’s Administration benefits under 38 U.S.C. §5301. 18. Civil service retirement benefits under 5 U.S.C. §8346. 19. Mobile homes and trailers under Section 38-41-201.6, C.R.S. 20. Certain retirement and pension funds and benefits under Section 13-54-102(1)(s), C.R.S. 21. A Court-ordered child support or maintenance obligation or payment under Section 13-54-102(1)(u), C.R.S. 22. Public or private disability benefits under Section 13-54-102(1)(v), C.R.S. 23. Up to two thousand five hundred dollars cumulative in a depository account or accounts in the name of the debtor under Section 13-54-102, C.R.S. If the money or property which is being withheld from you includes any “exempt property,” you must file within 14 days of receiving this notice a written Claim of Exemption with the Clerk of the Court describing what money or property you think is “exempt property” and the reason that it is exempt. YOU MUST USE THE APPROVED FORM attached to this Writ or a copy of it. When you file the claim, you must immediately deliver, by certified mail, return receipt requested, a copy of your claim to the Garnishee (person/place that was garnished) and to the Judgment Creditor’s attorney, or if none, to the Judgment Creditor at the address shown on this Writ with Notice. Notwithstanding your right to claim the property as “exempt,” no exemption other than the exemptions set forth in Section 13-54-104(3), C.R.S., may be claimed for a Writ which is the result of a judgment taken for arrearages for child support or for child support debt. Once you have properly filed your claim, the court will schedule a hearing within 14 days. The Clerk of the Court will notify you and the Judgment Creditor or attorney of the date and time of the hearing, by telephone, by mail or in person. When you come to your hearing, you should be ready to explain why you believe your money or property is “exempt property”. If you do not appear at the scheduled time, your money or property may be taken by the Court to pay the judgment entered against you. Remember that this is only a partial list of “exempt property”; you may wish to consult with a lawyer who can advise you of your rights. If you cannot afford one, there are listings of legal assistance and legal aid offices in the yellow pages of the telephone book. You must act quickly to protect your rights. Remember, you only have 14 days after receiving this notice to file your claim of exemption with the Clerk of the Court. FORM 30 R1-24 CLAIM OF EXEMPTION TO WRIT OF GARNISHMENT WITH NOTICE ❑ County Court ❑ District Court _____________________________County, Colorado Court Address: Plaintiff(s)/Petitioner(s): v. Defendant(s)/Respondent(s): COURT USE ONLY Judgment Debtor’s Attorney or Judgment Debtor (Name and Address): Phone Number: E-mail: FAX Number: Atty. Reg. #: Case Number: Division Courtroom CLAIM OF EXEMPTION TO WRIT OF GARNISHMENT WITH NOTICE Instruction to Judgment Debtor: Use this form to claim your property is exempt from Garnishment. Name: _________________________________________________ Phone Number ___________________ Street Address: _____________________________________________________________________________ Mailing Address, if different: __________________________________________________________ City:______________________________ State:________________________ Zip Code:___________________ I believe the following property is exempt: Description of Property Being Held:___________________________________________________________ Value of Property Being Held: $ _____________________ Amount of Value I Claim is Exempt: $ _____________________ I claim the Property is Exempt because (Please write the Exemption(s) listed in the Writ of Garnishment with Notice, if applicable): __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ (If there is more than one account in which property is being held, please include those in the lines above or on a separate sheet). ❑ By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form. ❑ By checking this box, I am acknowledging that I have made a change to the original content of this form. I certify that the above is correct to the best of my knowledge and belief and that I sent a copy of this document by certified mail (return receipt requested) or by E-Service to both the Garnishee and to the Judgment Creditor, or if the Judgment Creditor is represented by Counsel, certified mail (return receipt requested) to the Judgment Creditor’s Attorney or E-Service to the Judgment Creditor’s Attorney. The person/place that was garnished Judgment Creditor or Attorney Address: ________________________________________ Address: ___________________________________ ________________________________________________ ___________________________________________ Subscribed under affirmation or oath ___________________________________________ before me on ______________________(date) Signature of Judgment Debtor or Judgment Debtor’s Counsel and Reg. Number My commission expires: ____________________________ ________________________________________________ Notary Public/Deputy Clerk JDF 250 R 1-24 (PART 1/ PAGE 1) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL COURT COPY Small Claims Court ____________________________ County, Colorado Court Address: COURT USE ONLY Case Number: S Division Courtroom PLAINTIFF(S): _____________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ v. DEFENDANT(1): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ DEFENDANT(2): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL (Part 1) If Defendant(s) is/are other than a person, go on-line at www.coloradosos.gov to determine the registered agent for service of this notice. Please enter name and address of the agent. Name: ____________________________ Address: ___________________________________________________________________________________ 1. The Defendant(s) is/are in the military service: ❑Yes ❑No ❑Unknown 2. The Defendant(s) reside(s), is/are regularly employed, has/have an office for the transaction of business, or is/are a student in this county, or real property located in this county is the subject of claim(s) arising from a restrictive covenant or security deposit dispute. ❑Yes ❑No 3. I/We understand that it is my/our responsibility to have each Defendant served with the “Defendant’s Copy” of this Notice by a person whose age is 18 years or older and who is not a party to this action 15 days prior to the trial and to provide the Court with written proof of service. ❑Yes ❑No 4. I am an attorney: ❑Yes ❑No Notice and Summons to Appear for Trial To the Defendant(s): You are scheduled to have your trial in this case on ________________________ (date) at __________(time) at the Court address stated in the above caption. Bring with you all books, papers and witnesses you need to establish your defense. If you do not appear, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must provide a written response or written counterclaim on or before the scheduled trial date and pay a nonrefundable filing fee. Dated: ____________________________ ______________________________________ Clerk of Court/Deputy Clerk Plaintiff(s)’s Claim (Please summarize reasons to support your claim below.) The Defendant(s) owe(s) me $______________, which includes penalties, plus interest and costs allowed by law, and/or should be ordered to return property, perform a contract or set aside a contract or comply with a restrictive covenant for the following reasons. (If seeking return of property, please describe the property being requested). ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Note: The combined value of money, property, specific performance or cost to remedy a covenant violation cannot exceed $7,500.00. I/we declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. I/we have not filed in any Small Claims Court in this County more than 2 claims during this calendar month, nor more than 18 claims in this County this calendar year. Dated: ____________________________________________ ___________________________________________ Plaintiff’s Signature ___________________________________________ Plaintiff’s Signature JDF 250 R1-24 (PART 2/ PAGE 2) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL DEFENDANT’S COPY Small Claims Court ____________________________ County, Colorado Court Address: PLAINTIFF(S): _____________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ v. DEFENDANT(1): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ DEFENDANT(2): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ COURT USE ONLY Case Number: S Division Courtroom NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL (Part 2) If Defendant(s) is/are other than a person, go on-line at www.coloradosos.gov to determine the registered agent for service of this notice. Please enter name and address of the agent. Name: ____________________________ Address: ___________________________________________________________________________________ 1. The Defendant(s) is/are in the military service: ❑Yes ❑No ❑Unknown 2. The Defendant(s) reside(s), is/are regularly employed, has/have an office for the transaction of business, or is/are a student in this county, or real property located in this county is the subject of claim(s) arising from a restrictive covenant or security deposit dispute. ❑Yes ❑No 3. I/We understand that it is my/our responsibility to have each Defendant served with the “Defendant’s Copy” of this Notice by a person whose age is 18 years or older and who is not a party to this action 15 days prior to the trial and to provide the Court with written proof of service. ❑Yes ❑No 4. I am an attorney: ❑Yes ❑No Notice and Summons to Appear for Trial To the Defendant(s): You are scheduled to have your trial in this case on _________________________ (date) at__________ (time) at the Court address stated in the above caption. Bring with you all books, papers and witnesses you need to establish your defense. If you do not appear, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must provide a written response or written counterclaim on or before the scheduled trial date and pay a nonrefundable filing fee. Dated: ____________________________ ______________________________________ Clerk of Court/Deputy Clerk Plaintiff(s)’s Claim (Please summarize reasons to support your claim below.) The Defendant(s) owe(s) me $________________, which includes penalties, plus interest and costs allowed by law, and/or should be ordered to return property, perform a contract or set aside a contract or comply with a restrictive covenant for the following reasons. (If seeking return of property, please describe the property being requested). ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Note: The combined value of money, property, specific performance or cost to remedy a covenant violation cannot exceed $7,500.00. I/we declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. I/we have not filed in any Small Claims Court in this County more than 2 claims during this calendar month, nor more than 18 claims in this County in this calendar year. Dated: ____________________________________________ ___________________________________________ Plaintiff’s Signature ___________________________________________ Plaintiff’s Signature JDF 250 R1-24- (PART 2/ PAGE 3) NOTICE, CLAIM, AND SUMMONS TO APPEAR DEFENDANT’S COPY You must complete and fill out a response and or counterclaim on reverse side of Defendant’s copy and bring to Court. Defendant’s Response (If responding, pay the appropriate filing fee). I do not owe the Plaintiff(s) or am not responsible to the Plaintiff(s) because: ____________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Defendant’s Counterclaim (If submitting a counterclaim, pay the appropriate filing fee). The Plaintiff(s) owe(s) me $_______________, which includes penalties, plus interest and costs allowed by law and/or should be ordered to return property, perform a contract or set aside a contract or comply with a restrictive covenant for the following reasons. (If seeking return of property, please describe the property being requested). ______________________________________________________________________________________________________ _____________________________________________________________________________________________________ ❑ The amount of my/our counterclaim does not exceed the jurisdictional amount of the Small Claims Court of $7,500.00. ❑ The amount of my/our counterclaim exceeds the jurisdictional amount of the Small Claims Court, but I/we wish to limit the amount that I/we wish to recover from the Plaintiff to $7,500.00. ❑ The amount of my/our counterclaim exceeds the jurisdictional amount of the Small Claims Court, and I/we wish to have the case sent to ❑County Court (only if I/we wish to limit the amount I/we can recover from the plaintiff to $25,000.00) ❑District Court (I /we do not wish to limit the amount I/we can recover from the Plaintiff(s)) and will pay the appropriate filing fee. I/we am/are filing a Notice of Removal and paying the appropriate filing fee to the Court at this time. I am an attorney. ❑Yes ❑No I declare under penalty of perjury that this information is true and correct and that I mailed a copy of the Response/Counterclaim to the Plaintiff(s) at the address(es) stated on this form on ____________________ (date). ____________________________________________________________ Defendant’s Address _____________________________________ ____________________________________________________________ Defendant’s Signature Date Telephone #: Home Work Cell Information for Defendants in Small Claims Cases A. Filing Fees. Response without a counterclaim: Claim $500.00 or less: $26.00 ⧫ Claim over $500.00 but less than $7,500.00: $41.00 Response with a counterclaim: If Plaintiff’s claim is $500.00 or less and counterclaim is $500.00 or less: $31.00 If Plaintiff’s claim is more than $500.00 or counterclaim is more than $500.00: $46.00 B. Response. You have been served with a Summons. If you fail to appear on the trial date shown on this notice, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must file with the Court Clerk a written response or counterclaim on or before the scheduled trial date, provide a copy to the Plaintiff(s), pay the appropriate nonrefundable filing fee, and appear on the date set for trial in this notice with all evidence and witnesses needed to establish your defense. C. Subpoenas. Upon your request, the clerk will issue a subpoena to require witnesses to appear or bring documents for your trial. It is your responsibility to complete the information needed on the subpoena and to have the subpoena served. Subpoenas must be served personally and may be served by a person over the age of 18 that is not a party to the case. Subpoenas must be accompanied by a check for payment of witness fees and mileage for any witnesses served. D. Counterclaim. If you have a claim against the Plaintiff(s), you must file with the Court clerk the Defendant’s counterclaim at the top of this form, provide a copy of the counterclaim to the Plaintiff(s) prior to the trial, and pay the appropriate nonrefundable filing fee. If you settle your counterclaim before trial, notify the Small Claims Court and the Plaintiff(s) in writing. If you want your case heard by a Court of greater jurisdiction, you must complete and file this form, pay the appropriate filing fee (County: Under $999.99 = $85.00; $1,000 - $14,999.99= $105.00; $15,000.00 - $25,000 = $135.00. District: $235.00) and file a Notice of Removal (JDF 251) at least 7 days before the trial date shown on this Notice. E. Trial Responsibility. You have a right to a trial. Bring all evidence necessary to establish your defense and/or counterclaim: books, papers, repair bills, photographs or other exhibits. If the suit involves the delivery of personal property, be prepared to deliver the property immediately after trial. Be on time. If you are late, the Court may enter judgment against you. F. Appeal. If you wish to appeal, you must file your notice of appeal within 14 days of the judgment and proceed according to C.R.C.P 411. G. Judgment. The Court does not collect any judgment, but will help with the necessary forms. Money Judgment. If judgment is entered against you, you are expected to immediately pay the judgment, including filing fees and court costs. If the judgment is not paid immediately, you must answer questions about your assets and income and the other party can obtain a writ of garnishment or execution against your wages or property. Once the judgment is paid, you are entitled to have the judgment satisfied. Non-monetary Judgment. If the Court orders immediate possession of the property, performance of a contract, setting aside of a contract or compliance with a restrictive covenant, your failure to comply with the Court order may result in an award of damages and/or being held in contempt. H. Case Inquiries. When inquiring about this case, refer to the case number on this notice. Direct all inquiries to the clerk, not the judge or magistrate. I. Attorney. If you want to be represented by an attorney, you or your attorney must file a Notice of Representation of Attorney (JDF 256) at least 7 days before the trial date on this notice. Then the Plaintiff(s) may have representation by an attorney. If the Plaintiff(s) is/are an attorney, you also may be represented by an attorney without filing a notice of representation. Even if there are attorneys in the case, the rules and procedures of the Small Claims Court will still apply. J. Judicial Officer. A magistrate or a judge may hear your case. If you want a judge to hear your case, you must file an Objection to a Magistrate Hearing Case (JDF 259) at least 7 days before the trial date set in this notice. The rules and procedures of the Small Claims Court will still apply. K. Language Interpreter. If you or a witness requires a language interpreter to be present for hearings, you must contact the Managing Interpreter corresponding to the district in which the case will be heard at least 7 days before the trial date is set on this notice. A language interpreter may only interpret what is said between parties during a hearing and immediately prior to or after the hearing. A language interpreter may not provide legal advice or any other service that is not related to interpreting. Interpreters may not provide any services that may constitute a violation of the language interpreter’s Code of Professional Responsibility. A current list of Managing Interpreters can be viewed at http://www.courts.state.co.us/Administration/Custom.cfm?Unit=interp&Page_ID=117. JDF 250 R1-24 (PART 3/ PAGE 4) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL PLAINTIFF’S COPY Small Claims Court ____________________________ County, Colorado Court Address: PLAINTIFF(S): _____________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ v. DEFENDANT(1): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ DEFENDANT(2): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ COURT USE ONLY Case Number: S Division Courtroom NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL (Part 3) If Defendant(s) is/are other than a person, go on-line at www.coloradosos.gov to determine the registered agent for service of this notice. Please enter name and address of the agent. Name: ____________________________ Address: ___________________________________________________________________________________ 1. The Defendant(s) is/are in the military service: ❑Yes ❑No ❑Unknown 2. The Defendant(s) reside(s), is/are regularly employed, has/have an office for the transaction of business, or is/are a student in this county, or real property located in this county is the subject of claim(s) arising from a restrictive covenant or security deposit dispute. ❑Yes ❑No 3. I/We understand that it is my/our responsibility to have each Defendant served with the “Defendant’s Copy” of this Notice by a person whose age is 18 years or older and who is not a party to this action 15 days prior to the trial and to provide the Court with written proof of service. ❑Yes ❑No 4. I am an attorney: ❑Yes ❑No Notice and Summons to Appear for Trial To the Defendant(s): You are scheduled to have your trial in this case on (date) ___________________________ (time) __________ at the Court address stated in the above caption. Bring with you all books, papers and witnesses you need to establish your defense. If you do not appear, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must provide a written response or written counterclaim on or before the scheduled trial date and pay a nonrefundable filing fee. Dated: ____________________________ ______________________________________ Clerk of Court/Deputy Clerk Plaintiff(s)’s Claim (Please summarize reasons to support your claim below.) The Defendant(s) owe(s) me $______________, which includes penalties, plus interest and costs allowed by law, and/or should be ordered to return property, perform a contract or set aside a contract or comply with a restrictive covenant for the following reasons. (If seeking return of property, please describe the property being requested). ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Note: The combined value of money, property, specific performance or cost to remedy a covenant violation cannot exceed $7,500.00. I/we declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. I/we have not filed in any Small Claims Court in this County more than 2 claims during this calendar month, nor more than 18 claims in this County in this calendar year. Dated: ____________________________________________ ___________________________________________ Plaintiff’s Signature ___________________________________________ Plaintiff’s Signature JDF 250 R1-24 (PART 3/ PAGE 5) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL PLAINTIFF’S COPY INFORMATION FOR PLAINTIFFS IN SMALL CLAIMS CASES A. FILING. You may file your claim in this Court if: 1. Your claim is for money, property, specific performance or rescission of a contract, or enforcement of a restrictive covenant that does not exceed $7,500.00. You may reduce a larger claim and waive the balance. You cannot divide a claim and file two separate cases. 2. At least one of the parties you sue resides, is regularly employed, has an office for the transaction of business, or is a student in this county, or they own rental property in the county that is the subject of this claim. 3. You pay the clerk one of the following NONREFUNDABLE filing fees. Claim $500.00 or less: $31.00 Claim over $500.00 but no more than $7,500.00: $55.00 B. SERVICE. This notice to appear must be served at least 15 days prior to the trial on each Defendant. It may be served by: 1. Any person whose age is 18 years or older and who is not a party to this action. 2. Sheriff or process server. 3. Certified Mail that is mailed by the clerk. You must deposit the cost for certified mail in advance. C. SETTLEMENT. If you settle your claim before trial, you must notify the Small Claims Court and Defendant in writing. D. SUBPOENAS. Upon your request, the clerk will issue a subpoena to require witnesses to appear or bring documents for your trial. It is your responsibility to complete the information needed on the subpoena and to have the subpoena served. Subpoenas must be served personally and may be served by a person over the age of 18 that is not a party to the case. Subpoenas must be accompanied by a check for payment of witness fees and mileage for any witnesses served. E. TRIAL RESPONSIBILITY. You have a right to a trial. Bring all evidence necessary to prove your case: books, papers, repair bills, photographs or other exhibits. Be on time. If you are late or do not appear, the Court may enter judgment in favor of the Defendant and against you if the Defendant filed a counterclaim. F. APPEAL. If you wish to appeal, you must file your notice of appeal within 14 days of the judgment and proceed according to C.R.C.P. 411. G. JUDGMENT. THE COURT DOES NOT COLLECT ANY JUDGMENT, but will help with the necessary forms. Money Judgment. If judgment is entered in favor of the Defendant and against you, you are expected to immediately pay the judgment, including filing fees and court costs. If the judgment is not paid immediately, you must answer questions about your assets and income and the other party can obtain a writ of garnishment or execution against your wages or property. Once the judgment is paid, you are entitled to have the judgment satisfied. Non-monetary Judgment. If the Court orders immediate possession of the property, performance of a contract, setting aside of a contract or compliance with a restrictive covenant, failure to comply with the Court order may result in an award of damages and or being held in contempt. H. CASE INQUIRIES. When inquiring about this case, refer to the case number on the other side of this document. Direct all inquiries to the clerk, not the judge or magistrate. I. ATTORNEY. If the Defendant(s) want(s) to be represented by an attorney, the Defendant(s) or attorney must file a Notice of Representation of Attorney (JDF 256) at least 7 days before the trial date on this notice. Then, you may have representation by an attorney. If either party is an attorney, the other party may be represented by an attorney without filing a notice of representation. Even if there are attorneys in the case, the rules and procedures of the Small Claims Court will still apply. J. JUDICIAL OFFICER. A magistrate or judge may hear your case. If you want a judge to hear your case, you must file an Objection to a Magistrate Hearing Case (JDF 259) at least 7 days before the trial date set in this notice. The rules and procedures of the Small Claims Court will still apply. K. Language Interpreter. If you or a witness requires a language interpreter to be present for hearings, you must contact the Managing Interpreter corresponding to the district in which the case will be heard at least 7 days before the trial date is set on this notice. A language interpreter may only interpret what is said between parties during a hearing and immediately prior to or after the hearing. A language interpreter may not provide legal advice or any other service that is not related to interpreting. Interpreters may not provide any services that may constitute a violation of the language interpreter’s Code of Professional Responsibility. A current list of Managing Interpreters can be viewed at: http://www.courts.state.co.us/Administration/Custom.cfm?Unit=interp&Page_ID=117. JDF 250 R1-24 (PART 4/ PAGE 6) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL COURT COPY Small Claims Court ____________________________ County, Colorado Court Address: PLAINTIFF(S): _____________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ v. DEFENDANT(1): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ DEFENDANT(2): ___________________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Phone: Home _______________ Work ______________ Cell _______________ COURT USE ONLY Case Number: S Division Courtroom NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL (Part 4) If Defendant(s) is/are other than a person, go on-line at www.coloradosos.gov to determine the registered agent for service of this notice. Please enter name and address of the agent. Name: ____________________________ Address: ___________________________________________________________________________________ 1. The Defendant(s) is/are in the military service: ❑Yes ❑No ❑Unknown 2. The Defendant(s) reside(s), is/are regularly employed, has/have an office for the transaction of business, or is/are a student in this county, or real property located in this county is the subject of claim(s) arising from a restrictive covenant or security deposit dispute. ❑Yes ❑No 3. I/We understand that it is my/our responsibility to have each Defendant served with the “Defendant’s Copy” of this Notice by a person whose age is 18 years or older and who is not a party to this action 15 days prior to the trial and to provide the Court with written proof of service. ❑Yes ❑No 4. I am an attorney: ❑Yes ❑No Notice and Summons to Appear for Trial To the Defendant(s): You are scheduled to have your trial in this case on (date) ___________________________ (time) __________ at the Court address stated in the above caption. Bring with you all books, papers and witnesses you need to establish your defense. If you do not appear, judgment may be entered against you. If you wish to defend the claim or present a counterclaim, you must provide a written response or written counterclaim on or before the scheduled trial date and pay a nonrefundable filing fee. Dated: ____________________________ ______________________________________ Clerk of Court/Deputy Clerk Plaintiff(s)’s Claim (Please summarize reasons to support your claim below.) The Defendant(s) owe(s) me $_______________, which includes penalties, plus interest and costs allowed by law, and/or should be ordered to return property, perform a contract or set aside a contract or comply with a restrictive covenant for the following reasons. (If seeking return of property, please describe the property being requested). ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Note: The combined value of money, property, specific performance or cost to remedy a covenant violation cannot exceed $7,500.00 I/we declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. I/we have not filed in any Small Claims Court in this County more than 2 claims during this calendar month, nor more than 18 claims in this County in this calendar year. Dated: ____________________________________________ ___________________________________________ Plaintiff’s Signature ______________________________________ Plaintiff’s Signature JDF 250 R1-24 (PART 4/ PAGE 7) NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL COURT COPY Case Name _____________________ v. ______________________ Case Number: _______________ AFFIDAVIT OF SERVICE (Must be returned to Court) I swear/affirm under oath that I am 18 years or older and not a party to the action, and that I served the Notice, Claim, and Summons to Appear for Trial (JDF 250) on the following: Name of Person Served Date and Time of Service Address of Service (Street, County, City, State) Check type of Service: ❑ By handing the documents to a person identified to me as the Defendant. ❑ By identifying the documents, offering to deliver them to a person identified to me as the Defendant who refused service, and then leaving the documents in a conspicuous place. ❑ By leaving the documents at the Defendant’s usual place of abode with ______________________ (Name of Person) who is a member of the Defendant’s family and whose age is 18 years or older. (Identify family relationship) ___________________________.) ❑ By leaving the documents at the Defendant’s usual workplace with __________________________ (Name of Person) who is the Defendant’s secretary, administrative assistant, bookkeeper, or managing agent. (Circle title of person served.) ❑ By leaving the documents with _____________________ (Name of Person), who as _______________ (title) is authorized by appointment or by law to receive service of process for the Defendant. ❑ By leaving the documents with an officer, partner, manager, stockholder, elected official or functional equivalent pursuant to C.R.C.P. 304 _______________________ (please identify) of the corporation or non-corporate entity which was to be served. (Circle title of person who was served.) ❑ By serving the documents as follows (other service under C.R.C.P. 304:_____________________________ ______________________________________________________________________________________. I have charged the following fees for my services in this matter: ❑ Private process server ❑ Sheriff, ____________________________County Fee $ ______________ Mileage $ _____________ ___________________________________________ Signature of Process Server ___________________________________________ Name (Print or type) Subscribed and affirmed, or sworn to before me in the County of ______________________, State of ________________, this _______ day of _______________, 20 ______. My Commission Expires: ________________________ ____________________________________________ Notary Public CERTIFICATE OF SERVICE BY MAILING (To be performed by Clerk within three days of filing) I hereby certify that on __________________________(date), I mailed a true and correct copy of the NOTICE, CLAIM, AND SUMMONS TO APPEAR FOR TRIAL, by placing it in the United States Mail, postage pre-paid to the Defendant(s) at the address(es) listed above. ________________________________________ Clerk of Court/Deputy Clerk ❑ (If applicable) Plaintiff(s) notified of non-service on (date) ______________________. Clerk’s Initials _______________ Amended and Adopted by the Court, En Banc, January 11, 2024, effective immediately. By the Court: Richard L. Gabriel Justice, Colorado Supreme Court
Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.