colorado rules small claims court

[Lisa6660]

Colorado Rules of Procedure For Small Claims Courts Colorado
Rule 503. Place of Action
Where Brought, Generally. All actions in the small claims court shall be brought in the county in which at the time of filing of the claim any of the defendants resides, or is regularly employed, or has an office for the transaction of business, or is a student at an institution of higher education.

Defendant owns realestate property in Eagle county (permanent residence Douglas County) collects rental income through tenants depositing monthly rental payments in local banks checking account under his name in Eagle County.

Does this not constitute an office for the transaction of business in Eagle County?

Merriam-Webster Dictionary
Definition of transaction: an exchange or transfer of goods, services, or funds. Definition of office: a place where a particular kind of business is transacted or a service supplied. Definition of business: duty,office,province,role.

County Court Clerk told me that Magistrate would most likely throw case out, due to me unable to serve him in Eagle County, but was successful in serving him at his permanent residence Douglas County.

 

[JETX]

Based on your post, it sounds to me that you have sufficient basis to have brought your case in Eagle County. Has the Defendant filed for "Change of Venue"?? If not, go forward in Eagle County. If he has, show up at the hearing and explain why you feel that Eagle County has jurisdictional rights. The judge will decide.