Aurora, CO asked in Civil Litigation and Small Claims for Colorado

Q: Can you sue an undocumented immigrant in small claims court?

1 Lawyer Answer
Nelson Patrick Boyle
Nelson Patrick Boyle
  • Englewood, CO
  • Licensed in Colorado

A: Ostensibly, yes. Just like any case, the constitution and the court rules require that you have to serve the person with the lawsuit. If you succeed, then you can proceed. Many small claims courts have "law clinics" for people representing themselves. There's some forms and resources available on the state court website. And the local court where you live and intend to file a case may also have resources available. You could call the clerk to find out or look for the court through the state court website or for Denver at

* Disclaimer: This generalized advice is not intended to create an attorney-client relationship. Unless and until we have a written fee agreement signed by you and a member of our law firm, I am not your lawyer and you are not my client. Also, please be aware that there is something called a statute of limitations that limits the time you can file a claim or lawsuit and I have not given you any information about that since I don't know sufficient facts to advise you about the applicable limitation(s) in your claim(s).

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