Missouri’s small claims court provides an accessible and simplified process for resolving minor civil disputes. This system is designed to be an inexpensive forum where parties can represent themselves to settle certain monetary disagreements efficiently and without the complexity of a traditional lawsuit.
Understanding Missouri Small Claims Court
The primary characteristic of Missouri’s small claims court is its limit on the amount of money that can be sought. According to Missouri Revised Statute (RSMo) 482.305, a person can sue for a maximum of $5,000, not including interest and court costs.1Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 482.305 If your claim is for more than this amount, you can still use the court but must waive the right to collect any sum over the $5,000 limit.
This court handles straightforward civil cases for the recovery of money, such as disputes over unpaid rent, breach of a simple contract, or reimbursement for damaged property. Cases that are not allowed involve issues like divorce, child custody, bankruptcy, slander, or libel. You also cannot use small claims court to compel someone to return property or to evict a tenant.
Parties are permitted to represent themselves to avoid the expense of an attorney. While individuals can act as their own lawyer, corporations are required to be represented by an attorney or an authorized employee.
Essential Pre-Filing Rules and Preparations
Any individual over 18 or any legally recognized business can file a claim. The court is for direct parties to a dispute, meaning you cannot sue on behalf of someone else. Assignees of a claim, such as collection agencies, are prohibited from filing.
You must file your case within a specific time limit known as the statute of limitations. In Missouri, the time limit varies by the type of claim. Under RSMo 516.120, you have five years to file for breach of an unwritten contract or for property damage, while the limit for breach of a written contract to pay money is ten years.2Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 516.120
Selecting the correct court location, known as venue, is required. A claim must be filed in the county where the defendant resides or where the incident giving rise to the claim occurred.3Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 508.010 Filing in the wrong county can lead to your case being dismissed.
Thorough preparation is necessary for a successful filing. You will need to collect all relevant evidence to support your claim and be prepared to pay a filing fee. Evidence may include:
- Contracts
- Receipts
- Emails
- Photographs
- Contact information for any witnesses
You can confirm the filing fee amount by contacting the local circuit clerk’s office.
How to Complete and File Your Missouri Small Claims Petition
To start your case, you must complete and file a “Petition for Small Claims.” You can get the form from the Missouri Courts official website or from the circuit clerk’s office in the county where you plan to file.
The petition requires your full name and address as the plaintiff, and the defendant’s full legal name and current address. You must also provide a concise, factual statement explaining why you are suing and when the dispute occurred, along with the exact dollar amount you are claiming.
File the completed petition with the circuit clerk’s office in the proper county, submitting the original form and copies for your records and each defendant. Filing can be done in person or by mail. At the time of filing, you must pay the required fee, which varies by county.
Properly Serving the Defendant in Missouri
After your petition is filed, the defendant must be formally notified of the lawsuit through a process called service of process. This notice ensures the defendant has an opportunity to respond. The court clerk initiates service after you file your petition and pay the fees.
One method of service is by certified mail with a return receipt requested, which is handled by the clerk’s office for a cost of around $10 per defendant. If the defendant does not sign for the certified letter, service is not successful, and you must use another method.
Another option is personal service, where a county sheriff or private process server delivers the documents directly to the defendant. The cost for sheriff service is around $35-$50 per defendant. Service is confirmed when the server files a “proof of service” document with the court.
The Missouri Small Claims Court Hearing Process
When you arrive at the courthouse for your hearing, you will check in and wait for the judge to call your case. The court may offer mediation as a way to resolve the dispute before the hearing begins.
The hearing starts with the plaintiff presenting their case. You will explain the situation to the judge, present your evidence, and call any witnesses. The defendant will then have an opportunity to present their side, including their own evidence and witnesses.
Throughout the hearing, follow courtroom etiquette by addressing the judge respectfully and not interrupting the other party. The judge will listen to both sides, may ask questions to clarify facts, and will apply the law to the evidence. The judge may announce the decision immediately or mail the judgment to both parties later.
After the Judgment in Missouri Small Claims Court
After the hearing, the court issues a judgment, which is the official decision. If the judgment is in your favor, the defendant is legally ordered to pay the specified amount. The court does not collect the money for you; you are responsible for collecting what is owed.
If the defendant does not pay voluntarily, you can pursue collection remedies like wage garnishment or a bank levy. If the defendant wins, the case is closed. Under RSMo 482.365, either party has 10 days from the judgment to appeal for a “trial de novo,” which results in a new trial in the circuit court.4Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 482.365