Sued in Colorado? You may have only 21 days to answer
County Court: by the date on your summons. District Court, served in Colorado: 21 days. District Court, served outside Colorado: 35 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Colorado
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Colorado guides by topic
How to answer in Colorado
Your deadline by court, the official form, fees and defenses.
Default judgment in Colorado
What a default means and how to set it aside, with a calculator.
After a judgment in Colorado
Wage garnishment, bank levies and how to claim an exemption.
Debt buyer lawsuits in Colorado
What a debt buyer must prove, and old debts as a defense.
Which court hears debt cases in Colorado
County Court
Most credit card, medical and debt-buyer lawsuits for $25,000 or less are filed here. The summons gives you a court date and time (the return date).
Law: C.R.S. § 13-6-104(1)
County Court, Small Claims Division
Small claims cases of $7,500 or less. A debt buyer, collection agency or other assignee cannot file a case in small claims court, so debt buyer and collector lawsuits go to the regular county court.
Law: C.R.S. § 13-6-407(1); C.R.S. §§ 13-6-403(1)(a), 13-6-407(1)
District Court
Hears debt cases over $25,000 (no upper limit).
Law: JDF 96 (county court limit $25,000; district court any amount over $25,000)
How to answer in Colorado
- How to answer
Fill out the official answer form that came with your summons and file it with the clerk of the court named on the summons. Pay the filing fee or ask for a fee waiver. Give or mail a copy of your answer to the plaintiff or its lawyer. You can ask for a jury trial in the answer, but you must pay a jury fee unless it is waived. You can also file through Colorado Courts E-Filing.
- Official answer form
- Answer Under Simplified Civil Procedure (C.R.C.P. County Court Form 3); instructions: JDF 96
- Fee to answer
There is a fee to answer. County Court: $80 if the claim is under $1,000, $100 if it is $1,000 to under $15,000, and $130 if it is $15,000 to $25,000. Small claims: $26 (claim of $500 or less) or $41 (over $500). District Court: $192. Higher fees apply if you also file a counterclaim.
Law: C.R.S. § 13-32-101(1)
- If you can't pay the fees
Motion to Waive Fees (JDF 205) with the blank order (JDF 206). The county court summons says that if you cannot pay, you can come to court on the date and time on the summons, fill out a financial form and ask the court to waive the fee. https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF205.pdf
- How you must be served
You must get a copy of the summons and complaint. In county court, a blank answer form must be served with the summons. Papers are usually handed to you in person, or left at your home with a family member who is at least 18, by an adult who is not a party to the case. The server then files an affidavit of service with the court.
Law: C.R.C.P. County Court Form 1 ("A copy of the Complaint together with a blank answer form must be served with this Summons"); JDF 98 Affidavit of Service
Law: C.R.C.P. County Court Form 1 (Summons); JDF 600 (District Court Civil Summons); JDF 96; C.R.S. § 13-32-101(1)
Defenses to know in Colorado
- Defenses in Colorado law
In the answer, you explain why you do not owe the amount claimed, or what you believe you owe (JDF 96). Defenses that come from Colorado law include: the 6-year time limit to sue on a debt has run; a debt buyer did not attach the original agreement and the full chain of ownership; and a collector filed in the wrong judicial district.
Law: C.R.S. § 13-80-103.5(1)(a); C.R.S. § 5-16-111(2); C.R.S. § 5-16-111(1)
- Debt buyer lawsuits
- If a debt buyer's debt is sued on, the complaint must include a copy of the contract or other writing showing you agreed to the original debt (for a credit card, the last monthly statement showing a purchase, payment or balance transfer, if no signed contract exists), and every assignment showing an unbroken chain of ownership from the original creditor. Debt buyer lawsuits in Colorado: the full rules
- Time limit to sue (written contract)
- 6 years · More on old debts at Debt Collector Map
If you missed the deadline in Colorado
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
If you do not file an answer and do not appear on the return date, the plaintiff can ask the court to enter judgment against you for what the complaint asks for. The court can then order you to answer written questions about your money and property (interrogatories).
- How to set it aside (cancel it)
File a Motion and Order to Set Aside Default Judgment (JDF 78) together with your Answer (Form 3) and pay the filing fee. You must explain why you did not respond or appear and show facts for a valid defense. The court may set a hearing. If the reason is mistake or excusable neglect, the Colorado rule on relief from judgment says the motion must be filed no more than 182 days after the judgment was entered. Act quickly.
Law: C.R.C.P. 60(b)
Law: JDF 96 (Motion to Set Aside Default Judgment); JDF 78; C.R.C.P. 60(b) (182 days), as stated by the Colorado Supreme Court in In re J.C.W., 2025SA120 (May 30, 2025)
Count your deadline to set aside a default
Mediation and settlement in Colorado
In county court, if the court accepts your answer, it will set a mediation date or a trial date, depending on that court's procedures. On the court date you may be asked to talk with the other side to see if the case can be settled; an agreement is written up as a Stipulation (JDF 75). (JDF 96)
If there is a judgment in Colorado
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
Interest runs from the date of the judgment until it is paid: at the rate in your written contract (for a variable rate, the rate in effect on the judgment date), or 8% a year compounded annually if no rate was agreed. Interest on medical debt cannot be more than 3% a year.
Law: C.R.S. § 5-12-102(4), (5)
- How long it lasts
A county court judgment can be collected for 6 years from the date it was entered. A district court judgment can be collected for 20 years. After that it is treated as paid unless the creditor revives it before it runs out (Motion for Revival of Judgment, JDF 113). A judgment lien on real estate lasts 6 years unless revived.
Law: C.R.S. §§ 5-12-102(4), (5), 13-52-102(1), (2)
Garnishment, bank levy and exemptions in Colorado
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
No more than 20% of your disposable earnings a week, and none of the pay below 40 times the federal or Colorado minimum hourly wage. You can ask for a hearing to protect more of your pay if what is left is not enough for the actual living expenses of you and your family. The creditor uses a Writ of Continuing Garnishment (Form 26), which lasts up to 6 months. If you disagree with your employer's math, you must first try to work it out with your employer within 7 days, then you can file an Objection to Calculation of the Amount of Exempt Earnings (Form 28) and get a hearing.
Law: C.R.S. § 13-54-104(2)(a)
- Bank levy (freezing and taking money in your bank account)
The creditor serves a Writ of Garnishment with Notice of Exemption and Pending Levy (Form 29) on your bank. The bank must hold the money in your account until the court orders otherwise. Up to $2,500 total in your bank accounts is exempt.
Law: C.R.S. § 13-54-102(1)(w)
- How to claim an exemption
File a Claim of Exemption (Form 30) with the clerk of court within 14 days after you receive the notice. Right away, send a copy by certified mail, return receipt requested, to the bank (garnishee) and to the creditor's lawyer (or the creditor). The court will set a hearing within 14 days, and you must come and explain why the money is exempt.
Law: C.R.C.P. 103; Forms 26, 28, 29 and 30; C.R.S. §§ 13-54-102(1)(w), 13-54-104(2)(a)
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Colorado
Count your deadline to claim an exemption
Free help in Colorado
- Colorado Legal Services (free legal aid)
- Colorado Bar Association: Find a Lawyer
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Help filling in Colorado's official answer form
Link to the official form and what to write on it.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Colorado
- A collector must sue you in the judicial district where you live or where you signed the contract. (C.R.S. § 5-16-111(1))
- A county court judgment expires after 6 years unless the creditor revives it; a district court judgment lasts 20 years. (C.R.S. § 13-52-102(2))
- Interest on a medical debt cannot be more than 3% a year. (C.R.S. § 5-12-102(5))
Changes in 2024–2026
2024: a collection agency that is not the creditor or debt buyer may sue only if the original creditor's name appears first in the case caption and it has a full assignment with settlement authority. 2026: H.B. 26-1426 (signed June 2, 2026; effective Aug. 12, 2026) tells the state consumer credit administrator to adopt rules or guidance by Dec. 31, 2026 on how the 3% medical-debt interest cap applies to consumer credit for medical debt. The Colorado Fair Debt Collection Practices Act is set to be repealed on September 1, 2028 unless the legislature extends it.
Law: H.B. 24-1380, C.R.S. § 5-16-111(1.5), effective Aug. 7, 2024; new C.R.S. § 5-12-102(5)(c); including the lawsuit rules in § 5-16-111; C.R.S. § 5-16-135
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Colorado
How long do I have to answer a debt lawsuit in Colorado?
County Court: by the date and time on your summons (the return date). You can file your answer before that date, or go to court at that date and time and file it there. District Court: 21 days after you are served in Colorado, or 35 days if you were served outside Colorado.
How do I answer a debt lawsuit in Colorado?
Fill out the official answer form that came with your summons and file it with the clerk of the court named on the summons. Pay the filing fee or ask for a fee waiver. Give or mail a copy of your answer to the plaintiff or its lawyer. You can ask for a jury trial in the answer, but you must pay a jury fee unless it is waived. You can also file through Colorado Courts E-Filing.
Is there an official answer form in Colorado?
Answer Under Simplified Civil Procedure (C.R.C.P. County Court Form 3); instructions: JDF 96: https://www.coloradojudicial.gov/sites/default/files/2025-04/Form3.pdf
Does it cost money to answer in Colorado?
There is a fee to answer. County Court: $80 if the claim is under $1,000, $100 if it is $1,000 to under $15,000, and $130 if it is $15,000 to $25,000. Small claims: $26 (claim of $500 or less) or $41 (over $500). District Court: $192. Higher fees apply if you also file a counterclaim.
What if I can't afford the court fees in Colorado?
Motion to Waive Fees (JDF 205) with the blank order (JDF 206). The county court summons says that if you cannot pay, you can come to court on the date and time on the summons, fill out a financial form and ask the court to waive the fee. https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF205.pdf
What happens if I don't answer in Colorado?
If you do not file an answer and do not appear on the return date, the plaintiff can ask the court to enter judgment against you for what the complaint asks for. The court can then order you to answer written questions about your money and property (interrogatories).
Can I cancel a default judgment in Colorado?
File a Motion and Order to Set Aside Default Judgment (JDF 78) together with your Answer (Form 3) and pay the filing fee. You must explain why you did not respond or appear and show facts for a valid defense. The court may set a hearing. If the reason is mistake or excusable neglect, the Colorado rule on relief from judgment says the motion must be filed no more than 182 days after the judgment was entered. Act quickly.
How much interest does a judgment add in Colorado?
Interest runs from the date of the judgment until it is paid: at the rate in your written contract (for a variable rate, the rate in effect on the judgment date), or 8% a year compounded annually if no rate was agreed. Interest on medical debt cannot be more than 3% a year.
How long does a judgment last in Colorado?
A county court judgment can be collected for 6 years from the date it was entered. A district court judgment can be collected for 20 years. After that it is treated as paid unless the creditor revives it before it runs out (Motion for Revival of Judgment, JDF 113). A judgment lien on real estate lasts 6 years unless revived.
Can my wages be garnished in Colorado?
No more than 20% of your disposable earnings a week, and none of the pay below 40 times the federal or Colorado minimum hourly wage. You can ask for a hearing to protect more of your pay if what is left is not enough for the actual living expenses of you and your family. The creditor uses a Writ of Continuing Garnishment (Form 26), which lasts up to 6 months. If you disagree with your employer's math, you must first try to work it out with your employer within 7 days, then you can file an Objection to Calculation of the Amount of Exempt Earnings (Form 28) and get a hearing.
Can a creditor take money from my bank account in Colorado?
The creditor serves a Writ of Garnishment with Notice of Exemption and Pending Levy (Form 29) on your bank. The bank must hold the money in your account until the court orders otherwise. Up to $2,500 total in your bank accounts is exempt.
How do I claim an exemption in Colorado?
File a Claim of Exemption (Form 30) with the clerk of court within 14 days after you receive the notice. Right away, send a copy by certified mail, return receipt requested, to the bank (garnishee) and to the creditor's lawyer (or the creditor). The court will set a hearing within 14 days, and you must come and explain why the money is exempt.
More help on our sister sites
Sources
- Colorado Revised Statutes 2024, Title 13 (courts, fees, judgments, exemptions)
- Colorado Revised Statutes 2024, Title 5 (interest § 5-12-102; debt collection lawsuits § 5-16-111)
- County Court Civil Summons (C.R.C.P. Form 1)
- District Court Civil Summons (JDF 600)
- Answer Under Simplified Civil Procedure (Form 3)
- Instructions for Filing an Answer and/or Counterclaim in County Court (JDF 96)
- Motion and Order to Set Aside Default Judgment (JDF 78)
- Colorado Supreme Court, In re J.C.W., 2025SA120 (C.R.C.P. 60(b) 182-day limit)
- Motion to Waive Fees (JDF 205)
- Affidavit of Service (JDF 98)
- Writ of Continuing Garnishment (Form 26)
- Objection to Calculation of the Amount of Exempt Earnings (Form 28)
- Writ of Garnishment with Notice of Exemption and Pending Levy (Form 29)
- Claim of Exemption (Form 30)
- Motion for Revival of Judgment (JDF 113)
- H.B. 26-1426, enrolled act (Colorado General Assembly)
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?