Understanding Small Claims Court Records in Colorado
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Colorado small claims court records are official files and paperwork that document information about civil disputes between parties (individuals or businesses) involving monetary sums less than $7,500. These records are relevant for appeals, future reference, and reviews. Small claims cases are heard in the county court's Small Claims Division in the county where the defendant resides.
The court clerk is responsible for creating and preserving all associated records. The small claims division of county courts exists to help small businesses and individuals recover property or money, set aside a contract, enforce a contract, or make a party comply with restrictive covenants, typically without the need for a lawyer. This court cannot award amounts more than $7,500.
Small claims court records contain various documents, including initial filings by the plaintiff, the defendant's response, motions, orders, and transcripts. These records are typically public, unless statutorily prohibited.
Public Access and Privacy Rules for Small Claims Records in Colorado
Under the Colorado Open Records Act (CORA), small claims court records are available for public access and copying. Pursuant to this act, public court records may be obtained by interested parties from the office of the county court clerk at the courthouse where the case was filed. However, the provisions of the Open Records Act are not absolute, as specific statutes may restrict public access to certain records, primarily due to concerns about privacy or safety.
Furthermore, some pieces of personal information are considered sensitive and are typically redacted from public court records, even when the parent record is publicly available, such as addresses, social security information, personal identification numbers, medical reports, and bank account numbers. Examples of exempt small claims court records are those about sealed cases and minors. These exemptions exist to balance the public's right to know with a record subject's right to personal privacy.
Note that case parties have unrestricted access to non-public records. If a third party seeks to obtain a sealed or restricted record, provisions under Colorado law allow them to file a motion at the courthouse seeking permission to obtain the records.
What You'll Find in a Colorado Small Claims Court Record
Under Colorado's rules of public access to court records, information that can be found in a small claims court record depends on the mode of access: remote or in-person at the courthouse. Unless the entire case file is restricted from public access, the following basic information is available remotely:
- Names of litigants/case parties
- Case filings
- The judge assigned to the case
- Scheduled dates
- The date, time, and location of judicial proceedings
- Claim amount
- Orders
- Judgments
To protect confidential portions of a record, the following are only available to eligible entities in paper form at the courthouse:
- Addresses, phone numbers, and other contact information of case parties
- Financial files
- Information about witnesses
- Additional case filings, such as settlement summaries, motions to vacate judgments, and hearing notes.
How to Search Small Claims Court Records in Colorado
Small claims court records are available online and at the county courthouse where a case was filed. While the Colorado Judiciary enables interested persons to make an online record request, records are not directly available on this website. Online access to court records may only be achieved through third-party vendor websites or if the presiding courthouse maintains an online tool for such purpose.
Third-party websites typically have a register of actions where the public can find information about small claims and other types of court cases. Searches on these websites usually require the case number or the names of the case parties. Alternatively, people may visit the courthouse to make a request or complete an online records request form. Upon completion, the applicable courthouse will contact the requester with more information about the request.
Under Colorado law, a clerk of court or court administrator may charge a fee for copies (C.R.S. §24-72-205(2), (3)). Per information available on the record request form, assessed fees are $0.25 for case participants and their attorneys, and $5.00 per name search by a third party.
|
Access Method |
Where to Search |
Cost/Requirements |
|---|---|---|
|
Online |
Online record request form |
|
|
In-person |
The originating county courthouse |
|
|
Third-party vendors |
Websites recommended by the Colorado Judicial Branch (including Tessera Data and LexisNexis) |
Searches require a party's name or case number. |
How Long Small Claims Records Stay on File in Colorado
According to Colorado's Judicial Retention and Disposition Schedules, there is a six-year retention time for small claims court records. This period begins to count from the year a case was filed. Documents involved include court file/documents, transcripts, recorded proceedings, and court reporter notes. Upon the expiration of this deadline, courts are authorized to destroy associated records, except for those required for imaging purposes.
However, the clerk of court is required to notify concerned parties (case participants or their attorneys) that certain records will be destroyed by court order if not claimed within 35 days. If a case record contains documents filed within one year of the date the record custodian is purging such a record, such documents shall be retained.
Can Small Claims Court Records Be Sealed or Removed in Colorado?
Colorado law does not provide for the sealing or expungement of small claims or other civil court records. These records may only be removed from public access if they are deemed confidential by statute or upon the expiration of the applicable six-year retention schedule. Courts also have the discretionary power to make a case record non-public if it deems such action appropriate based on the circumstances at hand or the specifics of the case.
If a case party wants their record hidden, they should contact the court clerk at the courthouse where the case was filed for inquiries, to check eligibility, and, if applicable, guidance on filing the appropriate petition or motion. If the sealing action is unsuccessful, the record subject can only wait until the expiration of the six-year retention period for the record to be automatically destroyed. Note that sealing only removes a record from public access. A civil claims court record only ceases to exist after the court purges it at the expiration of the retention schedule.
Why Colorado Small Claims Court Records Matter
Aside from promoting transparency in judicial matters, the retention of small claims court records serves several other vital purposes, including risk assessment, efficient resolution, and legal precedent. These records provide the basis for financial background checks, just as criminal case records are used for criminal background checks. They help individuals and businesses make informed decisions about a person with whom they intend to do business.
- Members of the public peruse these records to verify the outcome of civil claims.
- Landlords, lenders, and employers use these records to gauge a person's financial reliability.
- Future claimants review these records to see if an organization or individual they are suing has a history of debts resolved in court and if they fulfilled their obligations.
- Small claims court records provide legal precedent, often needed to guide future legal decisions involving similar situations.
Do You Need a Lawyer for a Small Claims Court in Colorado?
Small claims courts discourage the participation of lawyers in small claim cases to keep the process as simple as possible. However, exceptions exist where defendants are allowed to hire a lawyer (C.R.S. Section 13-6-407, rule 509(b)(2)): the representation is pro se or the attorney is a full-time employee of a partnership that is a party in the case. In such cases, the concerned party is required to file a notice of representation within seven (7) days before the date of the hearing.
If the defendant hires an attorney, the plaintiff automatically has the right to hire an attorney with or without notice to the court. Also, if either party in a case is an attorney, the other party may hire an attorney with or without notice to the court. If the defendant files a notice of representation and appears without an attorney on the date of the hearing or is absent, the court may award costs (including attorney fees) to the plaintiff.