Filing Fees and Waiving Fees

A common obstacle to accessing the court or defending an action is the costs associated with legal work.  The most expensive cost is the service of an attorney.  Beyond the attorney's work, there are costs associated with filing paperwork, serving papers on others, witness fees, making copies of papers, and court costs.  This post will discuss some of those costs, and ways in which parties to an action can minimize the cost or have the costs waived.

As stated above, the cost of an attorney is likely the most expensive cost in a case.  To help alleviate this cost, many states and communities provide legal services offices for low-income litigants and certain other qualified individuals.  If charged with a crime in Colorado, the Office of the State Public Defender and the Office of the Alternate Defense can be appointed for persons declared to be indigent.  Both offices have attorneys, investigators, and staff to assist persons accused of misdemeanor and felony offenses.  

For civil cases, Colorado Legal Services has offices around the state to help low income persons.  CLS handles cases involving family law (divorce, custody, child support modification), bankruptcy, victims of domestic violence, protection orders, consumer fraud, creditor-debtor, and landlord-tenant.  CLS attorneys not only handle individual cases--they also conduct training sessions for community members and provide information to the public.  

In Mesa County, the Pro Bono Project provides referrals to local attorneys who will handle cases on a pro bono ("free") basis.  Although there is not a mandatory requirement for attorneys to provide a certain amount of pro bono hours per year, lawyers are encouraged to participate and volunteer their time to help the community, and many Mesa County attorneys have helped low income persons through the Pro Bono Project.

Besides the cost of an attorney, there are costs associated with litigating cases in Court.  The following are some common costs in Colorado:

• Filing a Civil Complaint in County Court: $97
• Filing an Action for Name Change: $100
• Filing for a Civil Protection Order: $97
• Filing an Answer to a Civil Complaint in County Court: $92
• Jury Demand (County Court): $98.  Jury Demand (District Court): $190
• Filing a Civil Complaint in District Court: $224
• Filing an Answer to a Civil Complaint in District Court: $158
• Filing a Petition for Dissolution of Marriage: $230
• Filing a Response to a Petition for Dissolution of Marriage: $116
• Filing a Petition for Allocation of Parental Responsibilities: $222

For a list of all filing fees in Colorado, see the Colorado State Judicial, Filing Fees tab.

Despite the above stated costs, there are procedures available to waive most of these costs for low-income persons.  The fees that can be waived are filing fees, jury demand fees, reasonable copy fees, E-file fees, E-file services fees, and research fees.  If persons who have not been declared indigent, there are procedures available to pay the fees by installment.

For victims of domestic violence filing a civil protection order, the Court waives the filing fees for the victims.

To have the filing fees waived, you must file a motion to file without the payment of fees with the Court, and the Court must grant the motion.  This motion is filed with the clerk's office, and it includes an income sheet that the party must file out.  This sheet will determine if the person's income is below the necessary level for the waiving of fees.  Be prepared to provide evidence of your income and assets, such as disability payment receipts, paystubs, and unemployment benefits receipts.  The motion to waive the fees are available upon request at the clerk's office, or at the Colorado State Judicial website stated above.

Before paying any fees, you should always contact the clerk's office to determine if there is a procedure available for waiving the fees.  As stated above, a motion to waive the fees may be the only step necessary to achieve your goal.  With the waiving of fees, low-income parties can avoid some of the financial burden of the Court and achieve greater access to the legal system.  

Assistance for Victims of Domestic Violence

In addition to providing access to legal services to the public and educating the community, the Pro Bono Project of Mesa County assists the victims of domestic violence.  In Colorado and in the Grand Valley particularly, there are resources and assistance available for these victims.  This post explains victim's rights and the resources available in our area.

In 2002, the Colorado legislature passed the Victim's Right's Amendment. Colo. Const. Art. II, Sec. 16a.  The Victim's Rights Amendment provides victims of crimes (Including domestic violence) the right to be heard and to be present at all critical stages of the criminal justice process.  This includes a victim's right to be heard at a defendant's bond hearing, plea hearing, and sentencing hearing. See C.R.S. 24-4.1-302.5.  To ensure that these rights are extended to victims, the legislature requires the District Attorney's office to consult with victims regarding the reduction of charges, negotiated pleas, and the dismissal of charges. See C.R.S. 24-4.1-303.  

When a victim of domestic violence contacts law enforcement, the officer shall arrest the suspect if the officer has probable cause to believe that a crime involving domestic violence was committed. C.R.S. 18-6-803.6  Upon the arrest of the suspect, the Court will issue a mandatory restraining order, restraining the suspect from harassing, intimidating, or tamping with any witness or victim of the acts charged.  The Court also has the authority to order the suspect to not have any contact with the victim and to stay away from the victim's residence and place of employment.  Upon probable cause, police officers must arrest any restrained person who has violated the restraining order.

The District Attorney's Office for the 21st Judicial District (Mesa County) provides a victim's assistance program, and is available to answer questions and address concerns.  Additionally, the Grand Junction Police Department provides a Victim Advocacy Program to assist victims of crimes, including domestic violence. 

For counseling and shelter services, victims of domestic violence may contact Hilltop's Latimer House.  The Latimer House's crisis hotline can be reached at 970-241-6704. 

Victims of domestic violence may also apply for a civil protection order to keep the offender at bay.  The protection order is filed in the District Court, and the Court can order the offender to refrain from any contact with the victim or the victim's residence or employment.  The Court does not charge a filing fee for victims of domestic violence seeking a protection order. 

Terminating a Lease and Tenant's rights, Landlord-tenant

Too often, tenants fear that landlords will immediately evict them from the premises, change the locks, and remove their property without an opportunity to be heard.  Fortunately, Colorado has created a number of procedures to ensure that a tenant receives the proper notice and time necessary before an eviction can be finalized.   

A landlord may terminate a lease at any time, but must give proper notice prior to the termination of the lease.  The length of the lease (also known as the tenancy) determines the length of notice the landlord must provide to the tenant.  According to C.R.S. 13-40-107, the landlord may terminate the lease in writing, but must serve the written notice as follows:

• A tenancy of one year or longer, three months notice;
• A tenancy of six months or longer but less than a year, one month notice;
• A tenancy of one month or longer but less than six months, ten days notice; 
• A tenancy of one week or longer but less than one month, or a tenancy at will, three days notice;
• A tenancy for less than one week, one day notice.  

The Landlord may also evict a tenant for failing to pay rent or if the tenant committed a substantial violation of the lease, but even in these instances, the Landlord must provide 3 days written notice.  After the written notice, the Landlord must follow the statutory eviction procedures before a tenant may be removed from the property.