How to File a Lawsuit in Colorado
Meet with a lawyer., Read the law., Decide the dollar amount in controversy., Understand the Colorado court system., Find the correct county to sue in.
Step-by-Step Guide
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Step 1: Meet with a lawyer.
Only a qualified lawyer can really tell you whether or not you have a case.
Accordingly, you should schedule a consultation with an attorney.
To find a qualified lawyer, visit the Colorado Bar Association’s website.
They have an online “Find a Lawyer” tool that you can use.After entering your city and the type of lawyer you need, you can then browse the listings.
You might be worried that you can’t afford a lawyer.
Nevertheless, you should know that Colorado allows lawyers to provide “limited scope representation.”Under this agreement, the lawyer will do only the work you give to him or her.
For example, you could agree to pay only for a half-hour of advice, or you could pay to have the attorney draft your complaint for you.
If you are interested in limited scope representation, then ask the lawyer if he or she offers this service when you call for a consultation. -
Step 2: Read the law.
You can only file a lawsuit if you have a valid legal claim.
Check Colorado’s civil law to see if you can sue.
Generally, there are two sources of civil law: statutes and the common law (meaning judge-made law).
To find any relevant statute, you should search the Internet.
You can type “Colorado” and then “property damage” or whatever injury you are suing for.
Read the statute.
You can also visit your local law library.
Once there, ask a librarian to show you the Civil Jury Instructions.
These instructions are really concise summaries of civil law.They include all relevant common law.
If you are confused about whether or not you can bring a lawsuit, then talk to a lawyer. , You should try to estimate the damages you suffered as a result of the defendant’s conduct.
The amount of money in controversy will in large part determine which court you can file your lawsuit in.
If you are suing for a personal injury, then you can recover for the cost of medical treatment and lost income.
You may also be compensated for pain and suffering, emotional distress, and property loss.If someone destroyed your property, then you could get the property appraised.
You would then want to sue for the amount of damage that the defendant caused.
Where the defendant broke a contract, you should take out the contract and calculate how much the contract would have been worth had the defendant not broken it.
You may also calculate interest on any money owed.
The maximum legal amount of interest is 8% in Colorado., There are four different courts in Colorado.
Some of them overlap.
You will want to understand the differences so that you can sue in the correct court.
Small claims.
You can file in small claims court if your case is worth $7,500 or less.
Furthermore, you can only sue in small claims court for breach of contract or to recover for damage to property.
You cannot sue in small claims court for slander, libel, an eviction, or traffic violations.County court.
County courts deal with cases worth less than $15,000.
They do not hear probate or domestic relations cases.
District court.
You can file in Colorado district court regardless of the amount in controversy.
District courts are also the only courts empowered to hear cases worth more than $15,000.
Additionally, district courts hear domestic relations, criminal, and probate matters.Federal courts.
The Colorado federal courts handle violations of federal law.
Generally, you would file in federal court for violations of civil rights or for copyright or trademark infringement.
You can also sue in federal court if the amount in controversy is worth more than $75,000 and the defendants all live in a different state than you do., If you do not file your lawsuit in the correct county, then the judge will dismiss your lawsuit and you will have to start the whole filing process over again.
For this reason, you will benefit greatly by taking the time to figure out which courthouse you should file your petition in.
Generally, you will need to file the lawsuit in the court for the county where the defendant lives.There are some minor exceptions.
You can also file suit in any county where the defendant is employed regularly or has an office for the transaction of business.
You can also sue in the county where the defendant is attending college. -
Step 3: Decide the dollar amount in controversy.
-
Step 4: Understand the Colorado court system.
-
Step 5: Find the correct county to sue in.
Detailed Guide
Only a qualified lawyer can really tell you whether or not you have a case.
Accordingly, you should schedule a consultation with an attorney.
To find a qualified lawyer, visit the Colorado Bar Association’s website.
They have an online “Find a Lawyer” tool that you can use.After entering your city and the type of lawyer you need, you can then browse the listings.
You might be worried that you can’t afford a lawyer.
Nevertheless, you should know that Colorado allows lawyers to provide “limited scope representation.”Under this agreement, the lawyer will do only the work you give to him or her.
For example, you could agree to pay only for a half-hour of advice, or you could pay to have the attorney draft your complaint for you.
If you are interested in limited scope representation, then ask the lawyer if he or she offers this service when you call for a consultation.
You can only file a lawsuit if you have a valid legal claim.
Check Colorado’s civil law to see if you can sue.
Generally, there are two sources of civil law: statutes and the common law (meaning judge-made law).
To find any relevant statute, you should search the Internet.
You can type “Colorado” and then “property damage” or whatever injury you are suing for.
Read the statute.
You can also visit your local law library.
Once there, ask a librarian to show you the Civil Jury Instructions.
These instructions are really concise summaries of civil law.They include all relevant common law.
If you are confused about whether or not you can bring a lawsuit, then talk to a lawyer. , You should try to estimate the damages you suffered as a result of the defendant’s conduct.
The amount of money in controversy will in large part determine which court you can file your lawsuit in.
If you are suing for a personal injury, then you can recover for the cost of medical treatment and lost income.
You may also be compensated for pain and suffering, emotional distress, and property loss.If someone destroyed your property, then you could get the property appraised.
You would then want to sue for the amount of damage that the defendant caused.
Where the defendant broke a contract, you should take out the contract and calculate how much the contract would have been worth had the defendant not broken it.
You may also calculate interest on any money owed.
The maximum legal amount of interest is 8% in Colorado., There are four different courts in Colorado.
Some of them overlap.
You will want to understand the differences so that you can sue in the correct court.
Small claims.
You can file in small claims court if your case is worth $7,500 or less.
Furthermore, you can only sue in small claims court for breach of contract or to recover for damage to property.
You cannot sue in small claims court for slander, libel, an eviction, or traffic violations.County court.
County courts deal with cases worth less than $15,000.
They do not hear probate or domestic relations cases.
District court.
You can file in Colorado district court regardless of the amount in controversy.
District courts are also the only courts empowered to hear cases worth more than $15,000.
Additionally, district courts hear domestic relations, criminal, and probate matters.Federal courts.
The Colorado federal courts handle violations of federal law.
Generally, you would file in federal court for violations of civil rights or for copyright or trademark infringement.
You can also sue in federal court if the amount in controversy is worth more than $75,000 and the defendants all live in a different state than you do., If you do not file your lawsuit in the correct county, then the judge will dismiss your lawsuit and you will have to start the whole filing process over again.
For this reason, you will benefit greatly by taking the time to figure out which courthouse you should file your petition in.
Generally, you will need to file the lawsuit in the court for the county where the defendant lives.There are some minor exceptions.
You can also file suit in any county where the defendant is employed regularly or has an office for the transaction of business.
You can also sue in the county where the defendant is attending college.
About the Author
Charlotte Jimenez
Specializes in breaking down complex DIY projects topics into simple steps.
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