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Colorado Answer to a Complaint

Colorado gives you 21 days to answer a district court complaint under C.R.C.P. 12(a)(1). File the answer on time or the plaintiff can take a default judgment.

Introduction

A Colorado Answer to a Complaint is the written response you file with the clerk of the court after you are served with a summons and complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. In a general civil case, C.R.C.P. 12(a)(1) gives you 21 days after the summons and complaint are served to file your answer. What sets a Colorado answer apart is that the deadline can be a date rather than a day count. In county court the answer is tied to the appearance date fixed in the summons, in an eviction it is due on or before the date and time fixed in the summons, and in small claims a written response is due on or before the trial date. Colorado has no statewide JDF answer form for a general district court case, so the answer is a typed pleading on a compliant caption that meets C.R.C.P. 10. You file it with the clerk of the court named in the summons and serve a copy on the plaintiff. Miss the deadline and the plaintiff can take a default judgment under C.R.C.P. 55(a). DocDraft drafts a Colorado-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your district court deadline is 21 days. In a general civil case, C.R.C.P. 12(a)(1) requires you to file your answer or other response within 21 days after the summons and complaint are served on you.

  2. 2

    County court ties the answer to the appearance date. In a county court debt collection case, C.R.C.P. 312(a) requires you to file your answer, including any counterclaim or cross-claim, on or before the appearance date fixed in the summons rather than on a fixed day count.

  3. 3

    An eviction answer is due on the summons date. In an unlawful detainer (eviction) case, C.R.C.P. 312.5(a) requires you to file your answer on or before, and appear in court at, the date and time fixed in the summons.

  4. 4

    Small claims requires a written response by the trial date. Under Small Claims Rule 507, each defendant must file a written and signed response on or before the trial date set in the summons, and must also appear in person on that trial date.

  5. 5

    There is no statewide answer form for district court. Colorado has no JDF answer form for a general district court case, so you type the answer on a compliant caption that meets C.R.C.P. 10. County court cases use the Answer form JDF 96.

  6. 6

    There is a filing fee, with a waiver available. The fee to file an answer is about $192 in district court and about $80 to $130 in county court. If you cannot afford it, you can request a waiver on form JDF 205.

  7. 7

    A related claim may be compulsory. Under C.R.C.P. 13, a counterclaim that arises out of the same transaction or occurrence is compulsory and should be filed with your answer, and the statute of limitations on a written contract is six years under C.R.S. 13-80-103.5.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

DISTRICT COURT, [COUNTY] COUNTY, COLORADO [COURT ADDRESS]

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

DEFENDANT'S ANSWER TO COMPLAINT

Defendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / lacks sufficient knowledge or information to admit or deny and on that basis denies] the allegations.
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / lacks sufficient knowledge or information to admit or deny] the allegations. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the six-year statute of limitations on a written contract under C.R.S. 13-80-103.5; improper service of process; payment; accord and satisfaction; failure of consideration; fraud.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under C.R.C.P. 13, a counterclaim arising out of the same transaction or occurrence is compulsory and should be filed with this answer. In county court, include any counterclaim or cross-claim with the answer under C.R.C.P. 312(a).]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant requests that the Court deny the relief sought in the Complaint, enter judgment in Defendant's favor, award costs, and grant any further relief the Court deems just.

Dated: [DATE]

[SIGNATURE] [DEFENDANT NAME], Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this Answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under C.R.C.P. 5(b), by [mail / personal delivery / e-service through Colorado Courts E-Filing]. [SIGNATURE]

Colorado Requirements for Answer to a Complaint

21-Day Answer Deadline

In a general civil case in district court, your answer or other response is due within 21 days after the summons and complaint are served on you, under C.R.C.P. 12(a)(1). In county court the answer is due on or before the appearance date fixed in the summons under C.R.C.P. 312(a), and in an eviction on or before the date and time fixed in the summons under C.R.C.P. 312.5(a).

Pleading Caption or JDF 96

Colorado has no statewide JDF answer form for a general district court case, so type the answer on a pleading caption that meets C.R.C.P. 10, stating the court, the parties, and the case number. County court cases use the Answer form JDF 96. The answer should admit or deny each allegation and state your affirmative defenses.

Court Caption

Caption the answer for the court named in the summons, which is the District Court for claims over $25,000, the County Court for claims up to $25,000, and the Small Claims Court for claims up to $7,500. Include the case number, the parties' names, and the title Defendant's Answer to Complaint, per C.R.C.P. 10.

File With the Court Clerk

File your answer with the clerk of the court named in the summons. You can file in person, by mail, or through Colorado Courts E-Filing under C.R.C.P. 5(e). File on or before the deadline set for your track so the plaintiff cannot take a default judgment.

Serve a Copy on the Plaintiff

Under C.R.C.P. 5(b), serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail, personal delivery, or approved e-service, and keep proof of service. Service on the plaintiff is separate from filing the original with the court clerk.

Filing Fee or JDF 205 Waiver

The fee to file an answer is about $192 in district court and about $80 to $130 in county court. If you cannot afford it, file a Motion to Waive Fees on form JDF 205, based on income below 125% of the poverty line or receipt of public benefits such as TANF, SNAP, or SSI.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, improper service of process, payment, accord and satisfaction, failure of consideration, or fraud. The statute of limitations on a written contract is six years under C.R.S. 13-80-103.5.

Compulsory Counterclaim If Any

Under C.R.C.P. 13, a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and should be filed with your answer, or you can lose the right to bring it later. In county court, C.R.C.P. 312(a) directs that any counterclaim or cross-claim be included with the answer.

Frequently Asked Questions

In a general civil case in district court, C.R.C.P. 12(a)(1) gives you 21 days after the summons and complaint are served to file your answer. The deadline differs in other courts. In a county court debt case the answer is due on or before the appearance date fixed in the summons under C.R.C.P. 312(a), in an eviction it is due on or before the date and time fixed in the summons under C.R.C.P. 312.5(a), and in small claims a written response is due on or before the trial date under Small Claims Rule 507. Missing your deadline can lead to a default judgment.

Colorado has no statewide JDF answer form for a general district court case, so you type the answer on a pleading caption that meets C.R.C.P. 10, stating the court, the parties, and the case number. County court cases use the Answer form JDF 96. Whatever the format, the answer should admit or deny each allegation in the complaint and state the affirmative defenses you intend to rely on.

File your answer with the clerk of the court named in the summons. General civil claims over $25,000 are heard in the District Court, claims up to $25,000 in the County Court, and small claims up to $7,500 in the Small Claims Court. You can file with the clerk in person, by mail, or through Colorado Courts E-Filing, and you serve a copy on the plaintiff under C.R.C.P. 5(b).

The fee to file an answer is about $192 in district court and about $80 to $130 in county court. If you cannot afford the fee, you can ask the court to waive it by filing a Motion to Waive Fees on form JDF 205. Eligibility is based on income below 125% of the poverty line or receipt of public benefits such as TANF, SNAP, or SSI.

If you do not file an answer or appear when required, the plaintiff can ask the court to enter a default judgment against you under C.R.C.P. 55(a). You may be able to set the judgment aside by filing a Motion to Set Aside Default Judgment within 182 days under C.R.C.P. 60(b) and showing mistake, inadvertence, surprise, or excusable neglect. Filing your answer on time is the reliable path.

Yes, and you may be required to. Under C.R.C.P. 13, a counterclaim is compulsory if it arises out of the same transaction or occurrence as the plaintiff's claim, and it should be filed with your answer or it can be lost. A claim arising from a different transaction may be raised as a permissive counterclaim. In county court, C.R.C.P. 312(a) directs that any counterclaim or cross-claim be included with the answer.