Filing a Small Claims Suit in Justice Court.
The following information is provided to assist you in preparing and presenting your case as a plaintiff in the Justice Court. Its purpose is to provide general information only and is not intended to serve as legal advice. The Justice Court clerks will provide you the necessary forms to file. However, they can not tell you how to present your case in court nor what you need to prove your case. It is your or your attorney's responsibility to prepare all forms accurately when filing a small claims suit. Three copies of the original petition are required. In order to file a claim, you must provide the court with the current name and address of the defendant. If the defendant is an employee of a business you are suing, you normally will sue the business and list the person by name. If the defendant is a corporation, you must find out the name of the "registered agent" and note it on the claim. The name of the registered agent may be obtained from the
Assumed Names Section at the El Paso County Clerk's Office.
The amount of the claim can not be in excess of $5,000. If there is a specific amount owed (for example, the amount owed on an open account), you may not reduce the claim solely for the purpose of coming within the jurisdiction of the Justice Court. The filing fee is $57; if you desire a jury trial, you may request one and pay a $5 jury fee. After you have filed the claim, the Constable Department will serve the defendant with a citation and a copy of the complaint. The defendant will have approximately 10 days in which to file an answer denying your claim. You may check with the court clerk about 3 weeks after you have filed to determine the status of the case. If the defendant has been served and the time to file an answer by the defendant has expired, you may request that the Court enter a default judgment in your favor. If the defendant files an answer, a court trial date will be set at your request. The case normally will be heard in 30 - 60 days.
You may represent yourself in court or hire an attorney to represent you. This is a "People's Court," but it is up to you as the plaintiff to prove the allegations against the defendant, who may or may not be represented by an attorney. Keep in mind that "hearsay evidence" (what someone else said or wrote) is inadmissible and can not be used if the defendant objects to it. Examples of hearsay evidence are affidavits, garage estimates, police reports, and what other people orally said. Whenever possible, you should have these people appear during the trial to testify on your behalf. For example, if a suit is filed for faulty mechanical work on your vehicle, you should consider having an expert witness back up your allegations in court; an expert witness in this type of case would be a person who has mechanical experience by virtue of his/her profession and/or experience. Bring with you to the trial any evidence supporting your claim, such as recipts, invoices, canceled checks, etc. and any witnesses you intend to testify on your behalf. Photographs might be helpful in proving your case. |
