JDF 250 Notice of Claims and Summons for Trial

NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL

Small Claims Court County, Colorado

Court Address:

NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL

If Defendant(s) is/are other than a person, go on-line at www.sos.state.co.us to determine the registered agent for service of this notice.

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

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 declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.

Plaintiff(s) declare under penalty of perjury that the above statements are true and correct, and that 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:

Information for Defendants in Small Claims Cases

A. Filing Fees.

Response without a counterclaim:

Claim $500.00 or less: Claim over $500.00 but less than $7,500.00:

Response with a counterclaim:

If Plaintiff’s claim is $500.00 or less and counterclaim is $500.00 or less:

If Plaintiff’s claim is more than $500.00 or counterclaim is more than $500.00:

B. Response. You have been served with a Summons...

C. Subpoenas. Upon your request, the clerk will issue a subpoena...

D. Counterclaim. If you have a claim against the Plaintiff(s)...

E. Trial Responsibility. You have a right to a trial...

F. Appeal. If you wish to appeal...

G. Judgment. The Court does not collect any judgment...

H. Case Inquiries. When inquiring about this case...

I. Attorney. If you want to be represented by an attorney...

J. Judicial Officer. A magistrate or a judge may hear your case...

K. Language Interpreter. If you or a witness requires a language interpreter...

Defendant’s Response / Counterclaim

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.

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.

District Court and will pay the appropriate filing fee.

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

Affidavit of Service

Case Name Case Number:

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

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 a family member 18 years or older.

By leaving the documents at the Defendant’s usual workplace with an authorized person.

By leaving the documents with an authorized person to receive service of process for the Defendant.

By leaving the documents with an officer, partner, manager, stockholder, elected official or functional equivalent.

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 $

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 Clerk’s Initials