Counterclaims exceeding the jurisdiction of the small claims court shall be removed to the county or district court of appropriate jurisdiction pursuant to rule of the supreme court. If a county or district court determines that a plaintiff who originally filed a claim in the small claims court is entitled to judgment and also that a counterclaim against the same plaintiff in the small claims action was filed solely to defeat the jurisdiction of the small claims court and was without merit, the county or district court may also award the plaintiff costs, including reasonable attorney fees, incurred in prosecuting the action in the county or district court.
Source: L. 76: Entire part added, p. 519, § 1, effective October 1. L. 87: Entire section amended, p. 1576, § 14, effective July 10. L. 2001: Entire section amended, p. 1515, § 5, effective September 1.
Structure Colorado Code
Title 13 - Courts and Court Procedure
Part 4 - County Court - Small Claims Division
§ 13-6-401. Legislative Declaration
§ 13-6-402. Establishment of Small Claims Division
§ 13-6-403. Jurisdiction of Small Claims Court - Limitations
§ 13-6-404. Clerk of the Small Claims Court
§ 13-6-405. Magistrate in Small Claims Court
§ 13-6-406. Schedule of Hearings
§ 13-6-407. Parties - Representation
§ 13-6-411. Limitation on Number of Claims Filed
§ 13-6-413. Supreme Court Shall Promulgate Rules
§ 13-6-415. Service of Process
§ 13-6-417. Execution and Proceedings Subsequent to Judgment