What Court should I go to sue tenant?

Asked 9 months ago - Denver, CO

I will sue my former tenant for unpaid rent and damages. Total is over $10K. I know limit for Small Claims Court in CO is $7,500, but if I want to sue for the whole amount, and go to Superior Court do I have to have a lawer? Is it just easier and quicker to sue in Small Claims Court? I'm not sure what are my best options.

Attorney answers (4)

  1. Donald Corky Eby

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . If you intend to bring a complaint against your former tenants for over $10,000 in damages the case will need to be brought in the County Court for the county in which the Defendant now resides. You may bring the case yourself, but I recommend giving serious consideration to hiring an attorney, you have over $10,000 on the line, you may be able to obtain the cost of your representation as a portion of the judgment amount.

    Good Luck!

    Donald at Robinson and Henry, PC at (303) 688-0944 or Reception@RobinsonandHenry.com. The above information is... more
  2. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You would sue in County Court, which has jurisdiction up to $15,000 now. I am a former County Court Judge and refer all landlord/tenant cases to Mr. Eby.

    The information provided in this answer does not create an attorney-client relationship and is not considered to... more
  3. Gregory L Abbott

    Contributor Level 15

    3

    Lawyers agree

    Answered . I agree with the above answers but would like to add that while you can file and pursue the suit without an attorney in regular court, you also will be held to the same performance standards as an attorney. That includes compliance with all the court's rules and procedures - proper pleading format, compliance with time deadlines, motion filing and response, etc. There is a reason attorneys spend years in law school so you will be at an extreme disadvantage if your opponent has an attorney and you do not. Good luck.

    Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is... more
  4. Matthew James Casebolt

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I would go to County Court. The limit there is $15K, plus attorneys' fees and interest. Check your lease to see if you're entitled to those. Must you have a lawyer? No. Should you? Well, for that amount of money, I think counsel would be appropriate. You're also going to want to have your attorney run an asset search on the tenant to make sure the lawsuit is worth it. If you cannot collect the judgment, its probably not worth your time so doing that search up-front is important. Otherwise, if you sue in Denver County Court, you will probably be ordered to mediation.

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