Can I Try My Own Case in Small Claims Court?
Small claims courts allow plaintiffs to try cases quickly and cheaply, without the need for legal assistance. In small claims court, the rules of civil procedure and evidence are simplified to make it easier to try your case without a lawyer. Under certain circumstances, however, you can bring a lawyer to small claims court.
What’s Unique About Small Claims Court?
Small claims courts allow people to handle their claims themselves, without the aid of a lawyer. Colorado small claims rules prevent the court from awarding more than $7,500, not including interest and costs, no matter how much your claim might be worth. You also cannot divide a case worth more than that into two or more small claims.
How To File a Small Claims Case in Colorado
To file a Colorado small claims case, take the following steps:
- Identify the appropriate court. If you are suing over a car accident in Denver, for example, you might file your claim in the Denver small claims court or in the county where the defendant lives.
- Identify the defendant. This can get confusing if you are suing a business.
- File and complete a Small Claims Notice and Summons.
- Notify the defendant of the lawsuit by certified mail, or in person using a neutral third party or the sheriff’s department.
- Participate in mediation, if required, otherwise your case will likely be set for trial.
- Prepare for the trial. Gather and organize your evidence, and rehearse your presentation. Interview witnesses if you have any.
- Attend the hearing and present your case. Dress well.
- The judge might rule on your claim immediately, or they may take time to review the evidence.
If you win and the defendant refuses to pay, you might have to take further steps to obtain the money.
When You Shouldn’t Take Your Case to Small Claims Court
Taking your grievance to small claims court might not be the best idea. Below is a list of circumstances when you would be better off avoiding small claims court.
You Can Negotiate Fair Settlement
For this option to apply, you’re going to need a reasonable defendant or insurance adjuster. If the opposing party is willing to deal with you fairly, you might not even need to go to court.
Your Claim Is Too Large for Small Claims Court
You wouldn’t want to try to resolve a wrongful death claim in small claims court, for example, because a human life is worth so much more than the $7,500 small claims limit.
The same consideration applies to almost any medical malpractice claim or any accident that requires hospitalization. Make sure you know the value of your claim before you take it to small claims court.
Your Claim Is Complex
Small claims court is designed for simple claims, not complex claims. Medical malpractice claims, product liability claims, and multi-party claims are three examples of claims that should not appear in small claims court.
Of course, most of these claims would be worth far more than the $7,500 small claims maximum anyway. Nevertheless, even small claims probably don’t belong in small claims court if they are complex.
You Might Need a Lawyer Even With a Small Claim
Small claims courts offer plaintiffs a potentially easier option to seek money damages if they have been wronged by someone else. However, these claims are limited to $7,500 in Colorado, and it can be risky to represent yourself in court.
It’s likely in your best interest to schedule a free consultation with an attorney and learn about your legal rights and options. That way, you can be sure it’s an appropriate avenue for you to take.
Contact our Denver Personal Injury Attorneys at Zaner Law Personal Injury Lawyers at (720) 613 9706
For more information, please contact the Denver personal injury lawyers at Zaner Law Personal Injury Lawyers to schedule a free initial consultation with a personal injury lawyer.
We are located in Denver, CO, and proudly serve all of Denver County.
Zaner Law Personal Injury Lawyers
1610 Wynkoop Street, Suite 120.
Denver, CO 80202
(720) 613 9706
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About The Author
Kurt Zaner has earned national recognition for his innovative legal strategies, securing some of the largest verdicts in Colorado. He assists injured clients in Denver with personal injury cases, including car accidents, truck accidents, wrongful death, motorcycle accidents, and more. Click here to view some of the fantastic case results that Zaner Law has successfully handled.
Location: Denver, CO
