C.R.S. Section 13-6-407
Parties

  • representation

(1)

Any natural person, corporation, partnership, association, or other organization may commence or defend an action in the small claims court, but no assignee or other person not a real party to the transaction which is the subject of the action may commence an action therein, except as a court-appointed personal representative, conservator, or guardian of the real party in interest.
(2)(a)(I) Notwithstanding the provisions of article 93 of this title 13, in the small claims court, an individual shall represent himself or herself; a partnership shall be represented by an active general partner or an authorized full-time employee; a union shall be represented by an authorized active union member or full-time employee; a for-profit corporation shall be represented by one of its full-time officers or full-time employees; an association shall be represented by one of its active members or by a full-time employee of the association; and any other kind of organization or entity shall be represented by one of its active members or full-time employees or, in the case of a nonprofit corporation, a duly elected nonattorney officer or an employee.

(II)

It is the intent of this section that no attorney, except pro se or as an authorized full-time employee or active general partner of a partnership, an authorized active member or full-time employee of a union, a full-time officer or full-time employee of a for-profit corporation, or a full-time employee or active member of an association, which partnership, union, corporation, or association is a party, shall appear or take any part in the filing or prosecution or defense of any matter in the small claims court, except as permitted by supreme court rule.

(b)

In actions arising under part 1 of article 12 of title 38, C.R.S., including, but not limited to, actions involving claims for the recovery of a security deposit or for damage to property arising from a landlord-tenant relationship, a property manager who has received security deposits, rents, or both, or who has signed a lease agreement on behalf of the owner of the real property that is the subject of the small claims action, shall be permitted to represent the owner of the property in such action.

(3)

In any action to which the federal “Soldiers’ and Sailors’ Civil Relief Act of 1940”, as amended, 50 App. U.S.C. sec. 521, is applicable, the court may enter a default against a defendant who is in the military without entering judgment, and the court shall appoint an attorney to represent the interests of the defendant prior to the entry of judgment against the defendant.

(4)

If an attorney appears, as permitted in subsection (2) or (3) of this section, the other party or parties in the case may be represented by counsel, if such party or parties so choose.

(5)

Nothing contained in this section is intended to limit or otherwise interfere with a party’s right to assign, or to employ counsel to pursue that party’s rights and remedies subsequent to the entry of judgment by a small claims court.

(6)

Any small claims court action in which an attorney appears shall be processed and tried pursuant to the statutes and court rules governing small claims court actions.

Source: Section 13-6-407 — Parties - representation, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑6‑101
Establishment 13‑6‑102
Court of record 13‑6‑103
Statewide jurisdiction 13‑6‑104
Original civil jurisdiction 13‑6‑105
Specific limits on civil jurisdiction 13‑6‑106
Original criminal jurisdiction 13‑6‑201
Classification of counties 13‑6‑202
Number of judges 13‑6‑203
Qualifications of judges 13‑6‑204
Activities of judges 13‑6‑205
Term and appointment of judges 13‑6‑206
Vacancies 13‑6‑208
Special associate, associate, and assistant county judges 13‑6‑209
Special associate and associate county judges - designated counties 13‑6‑211
Appointment of clerk 13‑6‑212
Duties of clerk 13‑6‑214
Other employees 13‑6‑215
Presiding judges 13‑6‑216
Judges to sit separately 13‑6‑217
Judges may sit en banc 13‑6‑218
Assignment of county judges and retired county judges to other courts authorized 13‑6‑219
Judge as party to a case - recusal of judge upon motion 13‑6‑301
Court rules 13‑6‑302
Terms of court 13‑6‑303
Place of holding court 13‑6‑304
Court facilities 13‑6‑305
Maintenance of records 13‑6‑306
Seal 13‑6‑307
Process 13‑6‑308
Juries 13‑6‑309
Verbatim record of proceedings 13‑6‑310
Appeals from county court 13‑6‑311
Appeals from county court - simplified procedure 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 13‑6‑408
Counterclaims exceeding jurisdiction of small claims court - procedures - sanctions for improper assertion 13‑6‑409
Trial procedure 13‑6‑410
Appeal of a claim 13‑6‑411
Limitation on number of claims filed 13‑6‑411.5
Place of trial 13‑6‑412
Notice to public 13‑6‑413
Supreme court shall promulgate rules 13‑6‑414
No jury trial 13‑6‑415
Service of process 13‑6‑416
Facilities 13‑6‑417
Execution and proceedings subsequent to judgment 13‑6‑501
County court magistrates - qualifications - duties 13‑6‑502
Jury trials 13‑6‑503
Evidence offered by officer 13‑6‑504
Appeals procedure
Green check means up to date. Up to date

Current through Fall 2024

§ 13-6-407’s source at colorado​.gov