Place of trial.

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(1) Except as provided in subsection (2) of this section, all actions in the small claims court shall be brought in the county in which any defendant at the time of filing of the claim resides, is regularly employed, is a student at an institution of higher education, or has an office for the transaction of business.

  1. Actions to enforce restrictive covenants and actions arising under part 1 of article 12 of title 38, C.R.S., including, but not limited to, actions involving claims for the recovery of a security deposit or for damage to property arising from a landlord-tenant relationship, may be brought in the county in which the defendant's property that is the subject of the action is situated.

  2. If a defendant appears and defends a small claims action on the merits at trial, suchdefendant shall be deemed to have waived any objection to the place of trial permitted under this section.

Source: L. 90: Entire section added, p. 850, § 5, effective May 31. L. 2001: Entire section amended, p. 1515, § 8, effective September 1.

Cross references: For the legislative declaration contained in the 1990 act enacting this section, see section 1 of chapter 100, Session Laws of Colorado 1990.


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