(IV) The general assembly hereby declares that docket fees for actions filed in the small claims division of the county court should reflect the range of the monetary jurisdictional limit established for such actions and that such fees should promote access to the courts and reflect appropriate contributions from litigants using the court system based on the money judgment sought in an action. The general assembly hereby declares that it is appropriate to establish docket fees for the small claims division of the county court as follows:
(A) On and after July 1, 2008, when the money judgment sought by the plaintiff in an action filed in the small claims division of the county court is five hundred dollars or less, a plaintiff shall pay a fee of thirty-one dollars.
(B) On and after July 1, 2008, when the money judgment sought by the plaintiff in an action filed in the small claims division of the county court is five hundred dollars or less, a defendant filing an answer without a counterclaim in such an action shall pay a fee of twenty-six dollars.
(C) On and after July 1, 2008, when the money judgment sought in an action filed in the small claims division of the county court exceeds five hundred dollars and is no more than seven thousand five hundred dollars, a plaintiff shall pay a fee of fifty-five dollars.
(D) On and after July 1, 2008, when the money judgment sought in an action filed in the small claims division of the county court exceeds five hundred dollars and is no more than seven thousand five hundred dollars, a defendant filing an answer without a counterclaim in such an action shall pay a fee of forty-one dollars.
(E) On and after July 1, 2008, if a defendant files an answer with a counterclaim in an action in the small claims division of the county court and the amount sought in the action and amount sought in the counterclaim are each five hundred dollars or less, the fee for such answer and counterclaim shall be thirty-one dollars.
(F) On and after July 1, 2008, if a defendant files an answer with a counterclaim in an action in the small claims division of the county court and the amount sought in either the action or the counterclaim is more than five hundred dollars and is not more than seven thousand five hundred dollars, the fee for such answer and counterclaim shall be forty-six dollars.
(III.5) Except as provided in subsection (1)(c)(IV) of this section:
(I) Fifteen dollars must be deposited in the Colorado child abuse prevention trust fund created in section 19-3.5-105;
(II) One hundred fifteen dollars shall be deposited in the performance-based collaborative management incentive cash fund created in section 24-1.9-104, C.R.S.;
(III) Fifty dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section;
(IV) Five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204;
(V) Twenty-six dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section;
Source: L. 21: p. 227, § 1. C.L. § 7873. L. 23: p. 249, § 1. CSA: C. 66, § 4. L. 47: p. 456, § 1. CRS 53: § 56-5-1. L. 58: pp. 241, 249, §§ 6, 19, 20. L. 60: p. 144, § 2. L. 61: p. 384, § 1. C.R.S. 1963: § 56-5-1. L. 64: p. 463, § 4. L. 67: p. 991, § 1. L. 69: p. 388, §§ 3, 4. L. 72: p. 598, § 84. L. 73: p. 1405, §§ 41, 42. L. 75: (1)(c) amended, p. 579, § 1, effective July 1; (1)(d) amended, p. 581, § 1, effective July 1; (2) amended, p. 924, § 17, effective July 1; (2) amended, p. 209, § 22, effective July 16. L. 76: (1)(c) amended, p. 302, § 31, effective May 20; (1)(c) amended, p. 520, § 2, effective October 1. L. 79: (4) amended, p. 621, § 1, effective June 1; (4)(a) and IP(4)(b) amended, p. 600, § 22, effective July 1. L. 80: (4) amended, p. 515, § 1, effective January 29. L. 81: (1)(c) amended, p. 2031, § 43, effective July 14. L. 82: (1)(c) amended, p. 294, § 1, effective July 1; (1)(d) amended, p. 295, § 1, effective July 1. L. 83: (1)(c) amended, p. 2047, § 3, effective October 14. L. 84: (1)(a), (1)(b), and (1)(f) amended, p. 455, § 6, effective July 1. L. 87: (1)(a), (1)(b), (1)(c)(I), (1)(d), and (1)(f) amended, p. 562, § 4, effective July 1; (1)(c)(II) amended, p. 544, § 3, effective July 1. L. 90: (1)(c)(I) amended and (1)(c)(II) R&RE, p. 851, §§ 12, 13, effective May 31; (1)(c)(I) amended and (1)(c)(II) R&RE, p. 856, §§ 5, 6, effective July 1. L. 91: (1)(a), (1)(c)(I), and (1)(d) amended and (1)(a.5) and (5) added, pp. 386, 379, §§ 1, 3, effective July 1. L. 92: (1)(a.5)(I) amended, p. 218, § 23, effective August 1. L. 94: (1)(a.5) amended, p. 1691, § 1, effective July 1. L. 95: (1)(a), (1)(b), (1)(d), (1)(f), and (5) amended, p. 740, § 2, effective July 1; (1)(c)(II)(D) and (1)(c)(III) added, pp. 728, 729, §§ 2, 3, effective January 1, 1996. L. 98: (1)(a.5)(III) added by revision, pp. 767, 769, §§ 18, 23. L. 99: (1)(a.5) amended, p. 1084, § 1, effective July 1. L. 2000: (1)(a) amended, p. 1571, § 9, effective July 1; (2) amended, p. 1832, § 4, effective January 1, 2001. L. 2001: (1)(a) amended, p. 741, § 6, effective June 1; (1)(c)(I), (1)(c)(II), and (1)(c)(III) amended, pp. 1518, 1516, §§ 12, 10, effective September 1. L. 2002: (1)(a) amended, p. 529, § 3, effective May 24; (6) added, p. 671, § 1, effective May 28. L. 2003: (1)(a) amended, p. 386, § 2, effective March 5; (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), and (5) amended and (1.5) added, p. 568, § 1, effective March 18. L. 2004: (1)(a) amended, p. 1555, § 4, effective May 28. L. 2007: (7) added, p. 1268, § 2, effective May 25; (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), (2), and (5) amended, p. 1530, § 19, effective May 31. L. 2008: Entire section amended, p. 2114, § 7, effective June 4; (8) added, p. 1658, § 5, effective August 15. L. 2009: (1)(a), (1)(b), (5)(a)(VII), (5)(a)(VIII), and (5)(b) amended and (5)(a)(IX) and (5)(a)(X) added, (SB 09-068), ch. 264, p. 1210, § 4, effective July 1; (1)(c)(III)(C) repealed, (SB 09-038), ch. 119, p. 498, § 1, effective July 1. L. 2013: (1)(a.5) and (1)(b.5) added and IP(5)(a), (5)(a)(VII), and IP(5)(b) amended, (SB 13-011), ch. 49, pp. 160, 161, §§ 8, 9, effective May 1; (7)(c) amended, (HB 13-1300), ch. 316, p. 1674, § 33, effective August 7. L. 2015: (7)(b)(II) repealed, (SB 15-264), ch. 259, p. 949, § 30, effective August 5. L. 2018: (7)(b)(III) and (7)(d) added, (SB 18-267), ch. 407, p. 2392, § 1, effective August 8; IP(1)(c)(III), (1)(c)(III)(A), (1)(c)(III)(B), (5)(g), and (5)(h) repealed, (1)(c)(III.5), (5)(g.5), and (5)(h.5) added, (1)(d), (1)(f), IP(5)(o), (5)(o)(II), IP(5)(q), and (5)(q)(II) amended, (SB 18-056), ch. 298, p. 1817, § 3, effective January 1, 2019; (1)(c)(III)(D), (5)(g)(II), and (5)(h)(II) added by revision, (SB 18-056), ch. 298, pp. 1817, 1820, §§ 3, 5. L. 2021: (7)(a) and (7)(c) amended, (HB 21-1316), ch. 325, p. 1999, § 9, effective July 1; IP(5)(a) and (5)(a)(I) amended, (HB 21-1248), ch. 335, p. 2167, § 2, effective September 7.
Editor's note: (1) Amendments to subsection (2) by Senate Bill 75-135 and Senate Bill 75-453 were harmonized. Amendments to subsection (4) by House Bill 79-1568 were harmonized in part with and superseded in part by House Bill 79-1206. Amendments to subsection (1)(a) by Senate Bill 03-172 and Senate Bill 03-186 were harmonized. Amendments to this section by Senate Bill 08-206 and Senate Bill 08-183 were harmonized.
(2) Subsection (1)(a.5)(III) provided for the repeal of subsection (1)(a.5), effective January 1, 2001. (See L. 99, p. 1084 .)
(3) Subsection (1)(c)(I)(C) provided for the repeal of subsection (1)(c)(I), effective July 1, 2009. (See L. 2008, p. 2114 .)
(4) Subsection (5)(c)(II) provided for the repeal of subsection (5)(c), effective July 1, 2009. (See L. 2008, p. 2114 .)
(5) Subsections (1)(c)(II)(C), (5)(d)(II), (5)(e)(II), and (5)(f)(II) provided for the repeal of subsections (1)(c)(II), (5)(d), (5)(e), and (5)(f), respectively, effective July 1, 2010. (See L. 2008, p. 2114 .)
(6) Subsections (5)(b)(I)(B), (5)(i)(I)(B), (5)(j)(I)(B), (5)(k)(I)(B), (5)(l)(I)(B), (5)(m)(I)(B), (5)(n)(I)(B), (5)(o)(I)(B), (5)(p)(I)(B), (5)(q)(I)(B), (5)(r)(I)(B), and (5)(s)(I)(B) provided for the repeal of subsections (5)(b)(I), (5)(i)(I), (5)(j)(I), (5)(k)(I), (5)(l)(I), (5)(m)(I), (5)(n)(I), (5)(o)(I), (5)(p)(I), (5)(q)(I), (5)(r)(I), and (5)(s)(I), respectively, effective July 1, 2011. (See L. 2008, p. 2114 .)
(7) Subsections (1)(c)(III)(D), (5)(g)(II), and (5)(h)(II) provided for the repeal of subsections (1)(c)(III), (5)(g), and (5)(h), respectively, effective January 1, 2019. (See L. 2018, pp. 1817, 1820.)
Cross references: (1) For the additional fee assessed against the petitioner of a dissolution of marriage action and deposited in the displaced homemakers fund, see § 14-10-120.5.
(2) For the legislative declaration contained in the 1990 act amending subsections (1)(c)(I) and (1)(c)(II), see section 1 of chapter 100, Session Laws of Colorado 1990. For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 417, Session Laws of Colorado 2008.
Structure Colorado Code
Title 13 - Courts and Court Procedure
Article 32 - Fees of Clerks of Court
§ 13-32-102. Fees in Probate Proceedings
§ 13-32-103. Docket Fees in Special Proceedings
§ 13-32-104. Additional Fees of Clerks of Courts
§ 13-32-105. Docket Fees in Criminal Actions
§ 13-32-105.5. Docket Fees - Reduction by Rule
§ 13-32-106. Fee Bill and Application of Fees
§ 13-32-107. Fee Book a Public Record
§ 13-32-108. Unclaimed Funds - District Court
§ 13-32-109. Report of Unclaimed Funds - District Court
§ 13-32-110. Actions for Funds Barred in Two Years
§ 13-32-111. Refund by Decree of Court - When
§ 13-32-112. Unclaimed Funds - County Court
§ 13-32-113. Exemption From Fees
§ 13-32-114. Judicial Department Information Technology Cash Fund - Creation - Uses