What defenses can the other party raise in small claims court?

In Colorado, the defenses the other party can raise in small claims court are based on state law and the facts of the case. Generally, the most common defenses are that the complainant has not provided proof that they are owed a debt, the defendant has already paid the debt, the defendant is not legally responsible for the debt, or the amount the complainant is claiming is incorrect. The defendant in small claims court can also raise the legal defense of “release.” This means that the defendant has already been released from the debt, either through a written contract or an act of payment. The defendant can also show that the court does not have jurisdiction over the case, or that the statute of limitations has expired, meaning that the complainant waited too long to file the case. If the defendant is contesting the amount of the debt, they may also raise the defense of “accord and satisfaction.” This means that the parties involved in the dispute have already agreed to settle the debt for a lesser amount. Defendants can also show that the complainant has not followed proper court procedures, or that the dispute requires a higher court’s jurisdiction. Additionally, the defendant may show that the complaint lacks specifics on the issue, or that the dispute should be settled in another forum, such as in arbitration.

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