How to Respond to a Lawsuit in Colorado: Answer a Summons (2026)
Reviewed by DocDraft Legal Team. Colorado. Last updated 2026-06-02
In Colorado, a defendant served with a civil summons and complaint in District Court has 21 calendar days to file a written answer or other response under C.R.C.P. 12(a)(1). The window works differently in other tracks. In a County Court case, including most debt-collection matters up to $25,000, the answer is due on or before the appearance date fixed in the summons under C.R.C.P. 312(a), not on a fixed day count from service. Eviction (forcible entry and detainer) defendants must file an answer on or before, and appear in court at, the date and time fixed in the summons under C.R.C.P. 312.5(a). Small claims is different again: under Small Claims Rule 507 the defendant must file a written and signed response on or before the trial date set in the summons and also appear in person on that trial date. A response to a divorce or dissolution case is due within 21 days if you were served in Colorado, or 35 days if you were served outside Colorado or by publication, under the C.R.C.P. 12(a) answer time stated on the JDF 1102 dissolution summons. If you miss a deadline where a response is required, the court can enter a default judgment against you, which you can later move to set aside within 182 days under C.R.C.P. 60(b).
How long do I have to respond to a lawsuit in Colorado?
It depends on the track. For a general civil complaint in District Court, C.R.C.P. 12(a)(1) gives you 21 calendar days after service to file a written answer. 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). Small claims and eviction defendants respond by the trial or summons date and appear in court.
How do I respond to a civil summons in Colorado?
You respond by filing a written answer with the clerk of the court named in the summons, in person, by mail, or through Colorado Courts E-Filing, then serving a copy on the plaintiff or the plaintiff's attorney under C.R.C.P. 5(b). The answer admits or denies each numbered allegation in the complaint and states your defenses and any counterclaims.
What happens if I don't answer a summons in Colorado?
If you do not file a response or appear by your deadline, the court may enter a default judgment against you granting what the complaint requests. In a County Court or eviction case that deadline is the appearance date in the summons; in small claims it is the trial date. You may later move to set the default aside within 182 days under C.R.C.P. 60(b).
How do I answer a summons without an attorney in Colorado?
Self-represented defendants can file an answer themselves. In County Court you can use form JDF 96; in District Court you type your answer on a pleading with the caption required by C.R.C.P. 10. Respond to each numbered allegation, list your defenses, file with the clerk, serve the plaintiff, and pay the filing fee or request a waiver on form JDF 205.
Colorado response framework at a glance
Colorado's response rules turn first on which court and track your case is in. A general civil complaint in District Court is governed by C.R.C.P. 12(a)(1), which directs the defendant to file an answer or other response within 21 calendar days after the summons and complaint are served. County Court works differently: under C.R.C.P. 312(a) the defendant files an answer on or before the appearance date fixed in the summons, so the deadline is the date printed on the summons rather than a fixed day count from service. County Court hears claims up to $25,000, which is where most debt-collection cases land. An eviction, called a forcible entry and detainer action, is the fast track. Under C.R.C.P. 312.5(a) the defendant must file an answer on or before, and appear in court at, the date and time fixed in the summons. Small claims is its own track. Under Small Claims Rule 507 the defendant must file a written and signed response on or before the trial date set in the notice, claim, and summons, and must also appear in person on that trial date; failing to respond or appear permits a default judgment under Small Claims Rule 515(a). A response to a dissolution of marriage is due within 21 days if you were served inside Colorado, or 35 days if you were served outside Colorado or by publication, under the C.R.C.P. 12(a) answer time stated on the JDF 1102 dissolution summons. Answers are filed with the clerk of the court named in the summons in person, by mail, or through Colorado Courts E-Filing under C.R.C.P. 5(e), and served on the plaintiff under C.R.C.P. 5(b). The Colorado Judicial Branch self-help website at www.coloradojudicial.gov is the official source for the answer forms, the fee schedule, and the fee-waiver motion (JDF 205) that defendants need.
Court Resources
Colorado Judicial Branch. Opening and responding to a case
Self-help page from the judicial branch explaining the County Court and District Court civil tracks, the small-claims dollar limit, and the $25,000 threshold that decides where a defendant files an answer.
Form JDF 96 (County Court Answer)
The official County Court answer form a self-represented defendant can use to respond to a complaint, available as a fillable PDF from the Colorado Judicial Branch forms library.
Form JDF 205 (Motion to Waive Fees)
The official motion a defendant can file instead of paying the answer filing fee, based on income below 125% of the poverty line or receipt of public benefits such as TANF, SNAP, or SSI.
Relevant Laws
C.R.C.P. 12(a)(1) (21-Day Response to a District Court Complaint)
Provides that a defendant shall file an answer or other response within 21 days after the service of the summons and complaint. This is the standard general civil answer deadline in Colorado District Court.
C.R.C.P. 312(a) (County Court Answer Due on the Appearance Date)
Provides that the defendant shall file an answer including any counterclaim or cross-claim on or before the appearance date as fixed in the summons. This County Court rule governs most debt-collection cases up to $25,000, where the deadline is the date in the summons, not a fixed day count.
C.R.C.P. 312.5(a) (Eviction Answer and Court Appearance)
Provides that the defendant shall file an answer on or before, and shall appear in court at, the date and time as fixed in the summons in a forcible entry and detainer (eviction) action. This is the short eviction track, not the 21-day general civil track.
Small Claims Rule 507 (Written Response by the Trial Date)
Provides that each defendant shall file a written and signed response on or before the trial date. A Colorado small claims defendant must both file the written response and appear in person on the trial date set in the summons; a failure to respond or appear permits a default judgment under Small Claims Rule 515(a).
C.R.C.P. 12(a) via JDF 1102 (Response to a Dissolution of Marriage)
The dissolution summons (JDF 1102) directs the respondent to file a Response within 21 days if served in Colorado, or within 35 days if served outside Colorado or by publication. This is the C.R.C.P. 12(a) civil answer time applied to a divorce or legal separation case.
C.R.C.P. 55 and 60(b) (Default Judgment and Setting It Aside)
If you do not file an answer or appear at the hearing on the return date, the court may enter a default judgment against you under C.R.C.P. 55(a). A defendant can move to set the default aside within 182 days under C.R.C.P. 60(b) by showing mistake, inadvertence, surprise, or excusable neglect.
C.R.C.P. 13 (Compulsory and Permissive Counterclaims)
Requires a defendant to plead a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim, or lose the right to assert it later. Unrelated claims against the plaintiff are permissive and may be raised in the answer.
Regional Variances
Answer deadline by case track in Colorado
General civil complaint, District Court (C.R.C.P. 12(a)(1))
21 calendar days after the summons and complaint are served to file a written answer or other response. This is the default civil deadline for District Court cases, which hear claims over $25,000.
County Court case, including debt collection (C.R.C.P. 312(a))
The answer is due on or before the appearance date fixed in the summons, not on a fixed day count from service. County Court hears claims up to $25,000, where most debt-collection cases are filed, so read the appearance date on your summons carefully.
Eviction / forcible entry and detainer (C.R.C.P. 312.5(a))
File an answer on or before, and appear in court at, the date and time fixed in the summons. This is much shorter than the 21-day general civil window, so eviction defendants must move fast and be ready to appear.
Small claims (Small Claims Rule 507)
File a written and signed response on or before the trial date set in the summons, and also appear in person on that trial date. Failing to respond or appear permits a default judgment under Small Claims Rule 515(a).
Divorce / dissolution response (C.R.C.P. 12(a) per JDF 1102)
21 days to file a Response if you were served in Colorado, or 35 days if you were served outside Colorado or by publication. Missing it can let the dissolution proceed by default.
Which Colorado court hears your case, by amount
Small Claims Court
Hears claims up to the small-claims dollar cap of $7,500. The defendant files a written response by the trial date and appears in person at that trial.
County Court
Handles civil cases up to $25,000, including most debt-collection cases. The answer is due on or before the appearance date fixed in the summons. The answer filing fee runs $80 to $130.
District Court
Handles civil cases over $25,000 and dissolution of marriage. A written answer is due within 21 days of service, and the answer filing fee is $192 unless the court grants a fee waiver.
Suggested Compliance Checklist
Calculate your response deadline from the date you were served
Day 0 (date of service) days after startingFind the deadline that matches your track. A District Court general civil complaint is due in 21 calendar days under C.R.C.P. 12(a)(1). A County Court case, including most debt collection, is due on or before the appearance date fixed in the summons under C.R.C.P. 312(a). An eviction answer is due on or before the date and time fixed in the summons under C.R.C.P. 312.5(a). Small claims requires a written response on or before the trial date under Small Claims Rule 507. A dissolution response is due in 21 days if served in Colorado or 35 days if served outside Colorado or by publication. Mark the exact due date on a calendar.
Identify your case track and the correct court
Within 2 days of service days after startingRead the caption on the summons to confirm whether the case is small claims (up to $7,500), County Court (up to $25,000, including most debt collection), District Court (over $25,000), eviction, or dissolution. The track decides your deadline, the court, and the filing fee. Confirm the court named in the summons, because that is where your response must be filed.
Identify your defenses and any counterclaims
Before drafting the answer days after startingList the affirmative defenses that fit your facts, such as the statute of limitations, improper service of process, payment, accord and satisfaction, failure of consideration, or fraud. In debt cases, check the six-year written-contract limitations period under C.R.S. 13-80-103.5. If you have a claim against the plaintiff from the same transaction, you must plead it as a counterclaim under C.R.C.P. 13 or lose it.
Draft the answer in the correct caption and format
Before the answer deadline days after startingRespond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses and any counterclaims. In County Court you can use form JDF 96. In District Court, type the answer on a pleading with the court, parties, and case number in the caption required by C.R.C.P. 10.
File the answer with the clerk of the correct court
On or before the answer deadline days after startingFile with the clerk of the court named in the summons in person, by mail, or through Colorado Courts E-Filing under C.R.C.P. 5(e). The answer filing fee is $192 in District Court and $80 to $130 in County Court. In County Court, eviction, and small claims cases, file on or before the appearance or trial date printed on the summons.
Serve the plaintiff and keep proof of service
With or promptly after filing days after startingServe a copy of the filed answer on the plaintiff or the plaintiff's attorney by mail, personal delivery, or approved e-service under C.R.C.P. 5(b), then keep your proof of service. An answer that is filed but not served on the other side can be challenged.
Request a fee waiver if you cannot afford the filing fee
At the time of filing days after startingIf your household income is below 125% of the federal poverty line or you receive public benefits such as TANF, SNAP, or SSI, file form JDF 205, the Motion to Waive Fees, with your answer. Submitting the motion lets you file on time without paying the $80 to $192 fee while the court decides eligibility.
Appear at the hearing, trial, or appearance date
As set by the court days after startingCalendar every date the court sets, including the small claims trial date, the County Court or eviction appearance date in the summons, and any later hearing. Bring your evidence and a copy of your filed answer. Attorney review is available as an option before you file if your case involves a short eviction or appearance deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Calculate your response deadline from the date you were served | Find the deadline that matches your track. A District Court general civil complaint is due in 21 calendar days under C.R.C.P. 12(a)(1). A County Court case, including most debt collection, is due on or before the appearance date fixed in the summons under C.R.C.P. 312(a). An eviction answer is due on or before the date and time fixed in the summons under C.R.C.P. 312.5(a). Small claims requires a written response on or before the trial date under Small Claims Rule 507. A dissolution response is due in 21 days if served in Colorado or 35 days if served outside Colorado or by publication. Mark the exact due date on a calendar. | - | Day 0 (date of service) |
| Identify your case track and the correct court | Read the caption on the summons to confirm whether the case is small claims (up to $7,500), County Court (up to $25,000, including most debt collection), District Court (over $25,000), eviction, or dissolution. The track decides your deadline, the court, and the filing fee. Confirm the court named in the summons, because that is where your response must be filed. | - | Within 2 days of service |
| Identify your defenses and any counterclaims | List the affirmative defenses that fit your facts, such as the statute of limitations, improper service of process, payment, accord and satisfaction, failure of consideration, or fraud. In debt cases, check the six-year written-contract limitations period under C.R.S. 13-80-103.5. If you have a claim against the plaintiff from the same transaction, you must plead it as a counterclaim under C.R.C.P. 13 or lose it. | - | Before drafting the answer |
| Draft the answer in the correct caption and format | Respond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses and any counterclaims. In County Court you can use form JDF 96. In District Court, type the answer on a pleading with the court, parties, and case number in the caption required by C.R.C.P. 10. | answer-to-complaint | Before the answer deadline |
| File the answer with the clerk of the correct court | File with the clerk of the court named in the summons in person, by mail, or through Colorado Courts E-Filing under C.R.C.P. 5(e). The answer filing fee is $192 in District Court and $80 to $130 in County Court. In County Court, eviction, and small claims cases, file on or before the appearance or trial date printed on the summons. | - | On or before the answer deadline |
| Serve the plaintiff and keep proof of service | Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by mail, personal delivery, or approved e-service under C.R.C.P. 5(b), then keep your proof of service. An answer that is filed but not served on the other side can be challenged. | - | With or promptly after filing |
| Request a fee waiver if you cannot afford the filing fee | If your household income is below 125% of the federal poverty line or you receive public benefits such as TANF, SNAP, or SSI, file form JDF 205, the Motion to Waive Fees, with your answer. Submitting the motion lets you file on time without paying the $80 to $192 fee while the court decides eligibility. | - | At the time of filing |
| Appear at the hearing, trial, or appearance date | Calendar every date the court sets, including the small claims trial date, the County Court or eviction appearance date in the summons, and any later hearing. Bring your evidence and a copy of your filed answer. Attorney review is available as an option before you file if your case involves a short eviction or appearance deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue. | - | As set by the court |
Frequently Asked Questions
An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough information to admit or deny, and then lists your affirmative defenses. In County Court you can use form JDF 96. In District Court you type the answer on a pleading with the court, parties, and case number in the caption required by C.R.C.P. 10. File it within your deadline and serve the plaintiff.
If you fail to respond or appear, the court can enter a default judgment for what the complaint requests under C.R.C.P. 55(a). You can file a Motion to Set Aside Default Judgment under C.R.C.P. 60(b) within 182 days by showing mistake, inadvertence, surprise, or excusable neglect. Act quickly, because the 182-day outer limit on that ground is strict and the judgment is enforceable until it is set aside.
Often yes. Parties commonly agree in writing to extend the response deadline, and you can file a motion asking the court for more time before your deadline passes. Get any extension in writing or on the record, because the clock keeps running until the plaintiff agrees, the court grants more time, or you file your response. In County Court, eviction, and small claims, the date fixed in the summons controls until the court changes it.
You can ask the court to waive your filing fee. Colorado's request is made on form JDF 205, the Motion to Waive Fees, and eligibility is based on household income below 125% of the federal poverty line or receipt of public benefits such as TANF, SNAP, or SSI. If the court grants the motion, you can file your answer without paying the $80 to $130 County Court fee or the $192 District Court fee.
Yes. Improper service of process is a recognized defense in Colorado, and you can raise lack of personal jurisdiction or insufficient service by motion or in your answer under C.R.C.P. 12(b). If service was defective, the time to respond may not have started to run. Raise a service problem promptly rather than ignoring the case, because ignoring it still risks a default judgment.
Common affirmative defenses include the statute of limitations, improper service of process, payment, accord and satisfaction, failure of consideration, and fraud. 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 must be raised in your answer or it is lost; unrelated claims are permissive. Plead the defenses and counterclaims that fit your facts in the answer.
Respond like any County Court case: file an answer on or before the appearance date fixed in the summons under C.R.C.P. 312(a), admitting or denying each allegation and raising your defenses. Check the six-year statute of limitations for debt on a written contract under C.R.S. 13-80-103.5 and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692g. Do not ignore the summons, because silence leads to a default judgment.
A respondent served with a dissolution petition and summons files a Response with the clerk of the District Court within 21 days if served inside Colorado, or within 35 days if served outside Colorado or by publication, under the C.R.C.P. 12(a) answer time stated on the JDF 1102 summons. You file using the Colorado Judicial Branch family law (JDF) forms. Missing the window can let the case proceed by default on property, support, and parenting issues.
Colorado allows a motion to dismiss under C.R.C.P. 12(b), which argues the complaint fails to state a claim or that the court lacks jurisdiction. Because C.R.C.P. 12(a)(1) lets a District Court defendant file an answer or other response within 21 days, a motion to dismiss is filed within that same response window and is set for the court to decide. If the court denies it, you then file your answer.
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