I have a good bit of experience (4 won cases) in Colorado Small Claims, and it doesn't intimidate me once prepared. In looking forward on a few probably claims against the CRA's, I know I can file to their state agent here. My question is how do I take (or can I take) at CA that does NOT have a registered agent in this state? I have read here that other have been successful in bringing out of state companies to small claims court, and while I know that if push comes to shove, it can easily be bumped up to district (and I'm ok with that), but I like the idea of starting out in Small Claims. The instructions for the filing in Colorado Small Claims is as follows (cut and pasted): "Complaint If you are bringing claim you will need a form call a "Notice, Claim and Summons to Appear for Trial" (called a complaint). You can get this form from the courthouse, or visit the Judicial Branch website at www.courts.state.co.us (click on "Forms & Self-Help" to download the form). The first section asks for information about the person bringing the complaint, called the "plaintiff." Make sure to complete all of the information that is asked for in the form, including your telephone numbers. The second section asks for information about the person(s) or organization(s) you are suing, called the "defendant." Make sure that you sue the right person or organization. Also, make sure all of the names are spelled correctly. For example, if you want to sue a corporation, you write "Jones Corporation" in the defendant section. If you want to sue the corporation and one of its employees, you write "Jones Corporation and John Jones, individually". If you donâ??t correctly name the right party and you win, you may not be able to collect your judgement. The third section requires you to name the "registered agent" if you are suing a corporation. If a corporation wants to do business in Colorado, it must have a registered agent to receive legal papers, such as the complaint. You can find out who this person is by calling Secretary of State. There is no charge for the call or the information. You have to serve the registered agent, or your case could be dismissed. The third section also asks for further basic information about the defendant, which is designed to make sure that the small claims court has the authority to hear your case. If the defendant does not live in, or go to school at a college or other institute of higher education in the county, you need to go to the small claims court in the county where he or she does (the exceptions being landlord/tenant and restrictive covenant claims). The fourth section (Notice and Summons to Appear for Trial box) will be filled out by the court clerk when you file the complaint. The date included in this section is your trial date. The fifth section asks for a description of the plaintiffâ??s claim; for example, the amount of money/property you want to recover. You need to explain the basic facts of your case. This does not have to be detailed. For example, "I left my shirt with Jones Company to be cleaned, but they ruined it. It was a brand-new shirt." You will have your chance to present more detail at your trial." (end of cut and paste). So 1.) has anyone had success in bringing suit against an out of state company in CO small claims. And (while we are at it) 2.) has anyone had any success in attaching the large list of complaints with applicable cases and opinions in the complaint since the Colorado form only allows about 125 words??? Any suggestions or hints will be much appreciated. Thanks, Tambers.
So nobody has this problem where the small claims court system states they won't allow out of district suits, and also only accepts a short 3 sentence description? Or is this being ignored because I just can't seem to find it after searching and searching Pretty please with sugar on top? Tambers
California is similar. The small claims courts will not allow the filing of a lawsuit against an entity that does not have a California registered agent. You'd have to try to sue the CA in Colorado District Court. You could also go down to 19th and Stout and sue in federal court. Just be warned that some federal judges don't care for pro se cases--especially ones where the monetary amount is relatively low.