The average cost of an eviction in Colorado for all filing, court, and service fees is $320. Although the cost varies heavily on the amount of the eviction claim. Eviction lawsuits can be filed in County Court where the dwelling unit is located.
| Fee | County |
| Initial Court Filing | $85+ |
| Summons Service | ~$35+ |
| Writ of Restitution Execution | $200+ |
| Answer Filing (Optional) | $80+ |
| Answer & Counterclaim Filing (Optional) | $84+ |
| Jury Demand Filing (Optional) | $98 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Colorado, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Forcible Entry and Detainer”) with the court the following business day.
The filing fee for an initial Forcible Entry and Detainer is depends on the claim amount:
- For claims under $999.99 the filing fee is $85.
- For claims $10,000-$14,999 the filing fee is $105.
- For claims $15,000-$25,000 the filing fee is $135.
2. Summons Service Fee
Once a Complaint is filed in Colorado, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when/where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee varies by process server. For example, a sheriff may charge no more than $35[ttip number=’1′ icon=’popover-balance’] for delivering a Summons; however, a registered private process server may charge more.
3. Writ of Restitution Execution Fee
A Colorado sheriff may charge $200[ttip number=’2′ icon=’popover-balance’] unless the work performed exceeds 2 hours. The sheriff must provide a detailed accounting of the actual expenses.
4. Answer Filing Fee
In Colorado, the tenant has the opportunity to answer the landlord’s allegations. Although it is not required, the tenant can file a written Answer with the court at or before the tenant’s return appearance (which is typically 7-14 calendar days after the Summons is issued).
In County Court, if the tenant is submitting an Answer (and not a Counterclaim or Crossclaim), the filing fee depends on the claim amount, for example:
- For claims less than $999.99 the filing fee is $80.
- For claims $10,000 to $14,999.99 the filing fee is $100.
- For claims $15,000 to $25,000 the filing fee is $130.
5. Answer & Counterclaim Filing Fee
If the tenant wants to file a Counterclaim with their written Answer, the tenant must pay a filing fee for both the Counterclaim and Answer. The filing fee depends on the claim amount:
- For claims under $999.99 the filing fee is $84.
- For claims $10,000-$14,999 the filing fee is $104.
- For claims $15,000-$25,000 the filing fee is $134.
6. Jury Demand Filing Fee
If the tenant requests a jury trial in Colorado, they may request the jury on the Answer form. The filing fee for the jury demand is $98.[ttip number=’3′ icon=’popover-balance’]
Sources
- 1 CO Code § 30-1-104 (2021)
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(a.5) For serving and returning a summons or other writ of process in other than a criminal action not specified in this section, with or without complaint attached, on each party served, in counties of every class, actual expenses, but not more than thirty-five dollars;
- 2 CO Code § 30-1-104 (2021)
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For service and execution of any writ of restitution or order of possession of premises, besides actual transportation costs necessarily incurred in counties of every class, actual expenses not to exceed two hundred dollars; except that a sheriff may charge for actual expenses in excess of two hundred dollars if the work performed exceeds two hours in duration.
- 3 CO Code § 13-71-144 (2021)
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On and after July 1, 2008, any party demanding a trial by jury as provided by statute shall pay to the clerk of the court a fee of ninety-eight dollars in county court cases at the time the demand is made pursuant to the Colorado rules of civil procedure.