Missouri Small Claims

The Missouri Small Claims Court is a division of the Associate Circuit Court that specializes in settling monetary disputes simply and efficiently. Because the process is informal, Missouri residents can settle minor civil disputes without the burden of formal litigation.

In small claims cases, individuals are allowed to represent themselves in court, while an authorized employee can represent corporations in accordance with Chapter 482.310 of the Missouri Revisor of Statutes.

What Is a Small Claims Court in Missouri?

Small claims actions in Missouri are limited to civil matters where the plaintiff is seeking the recovery of money. The small claims court only addresses money disputes like simple contracts, security deposits, property damage claims, bounced checks, and unpaid invoices. Without the need to hire an attorney, parties can present their cases with evidence before the court because of the informal nature of small claims proceedings.

Small Claims Court Limits in Missouri

According to Section 482.305 of the Missouri Revisor of Statutes, an individual can proceed in small claims court if the amount at issue is $5,000 or less, excluding interest and costs. A plaintiff that files for an amount above the small claims limit has the option to proceed in a higher-level court or to waive the amount above $5,000. To prevent the abuse of small claims actions, neither an individual nor a corporation can file more than 12 small claims actions in any calendar year.

Additionally, small claims courts in Missouri do not allow an assignee to bring a claim for another person, essentially preventing third parties from purchasing another person’s claim or old invoices.

Further, to file a small claims action, the statute requires individuals to file within the time limits. In most contracts or property damage cases, the statute of limitations is five years, while in cases when a written document permits monetary damages, a plaintiff must file within 10 years. Winning a small claims judgment does not create a lien on real property, meaning a creditor cannot exercise a legal claim against a debtor or against a debtor's land or house.

How to File a Small Claims Case in Missouri

To prevent your case from being dismissed on technical grounds, you may consider the following steps while filing a small claims case in Missouri:

Determine eligibility

The first step is to ensure that your case is a civil dispute seeking monetary damages not exceeding $5,000. You cannot file a case in the small claims court for matters related to injunctions or real estate claims.

Choose the appropriate venue

The legal documents for your case should be filed in the Associate Circuit Court where the business or individual you are suing is located. If you are suing for a product or service that was purchased, you may file your case in the county where the transaction took place.

Prepare your claim

To start your case, the Circuit Court Clerk will provide you with Form SC-40 (Petition Small Claims Court). You must state your claim in a simple, precise manner and ensure that you name the defendant correctly. If the the defendant is a business and you do not know whether it is a partnership, incorporated, or unincorporated, you may find out by visiting the occupational license office at your county’s city hall or by contacting the Secretary of State’s Office in Jefferson City at (573) 751-4153 or in Kansas City at (816) 889-2925.

Pay the filing fees

In Missouri, each small claims case carries a set filing fee, which can vary by county. In addition to this fee, you may also be responsible for other court costs, such as the cost of mailing a certified letter to the defendant.

Serve the defendant

After filing your claim, the court will prepare a summons that orders the defendant to appear in court at a specific date and time. In most counties, the summons and a copy of the petition are sent to the defendant through certified mail or personal service. The service of a process server may be needed if the defendant does not sign the initial letter. This is a more reliable option, although it requires additional costs.

Lawyers

Attorneys are not required in small claims actions in Missouri. However, it is advisable to consult an attorney before filing your case, submitting a counterclaim, or appealing to a higher court.

Small Claims Court in Major Missouri Locations

Jackson County, 16th Judicial Circuit

In Jackson County, the 16th Judicial Circuit is situated at 415 E. 12th Street, Kansas City, MO 64106. This court provides a small claims booklet to guide individuals interested in filing small claims actions in the county.

St. Louis County, 21st Judicial Circuit

St. Louis residents can file their small claims cases at 105 S. Central Ave., Clayton, MO 63105. Plaintiffs can consult the small claims pamphlet as a guide before filing their case. In addition, filers can expect to pay $56.50 for filing and service through the county sheriff. If the documents are served by certified mail, the service cost is $30.50 in addition to the filing fee.

Greene County, 31st Judicial Circuit

The small claims webpage contains filing instructions, necessary forms, and the Missouri Small Claims Court Handbook. Individuals interested in starting a small claims lawsuit may visit the courthouse at 1010 N Boonville Ave, Springfield, MO 65802.

What to Expect at a Small Claims Hearing in Missouri

In Missouri, small claims are usually bench trials, which means that your case will be heard by a judge. On your trial date, it is necessary to arrive early to avoid case dismissal, postponement, or a default judgment being entered against you. While presenting your side of the story, show the judge your evidence and request to have your witness testify on your behalf.

The defendant will also get a chance to present their story, evidence, and witnesses if they have any. The judge may decide on the case later or announce a judgment in court after hearing the case and examining the evidence.

Appeals / “Trial de novo”

Both the plaintiff and the defendant have the right to appeal the judge’s decision in a higher court. If this happens, the case is treated as a new trial and will be addressed by a new judge or jury. Within 10 days of the judgment, the aggrieved party must pay the new filing fee and submit an Application for Trial de Novo with the Clerk of the Associate Circuit Court.

How to Search for Small Claims Records in Missouri

A typical small claims record contains key details such as docket events, judgment, party names, and case number. Most small claims records can be accessed by the public in Missouri unless sealed by court order.

1. Case.net: Most Circuit Courts provide online access to their records, including small claims records, through Case.net. To find your desired results, you may conduct the search using the litigant name, case number, or filing date.
2. Local clerk’s office: You can request copies of documents by mail or in person at the relevant clerk’s office. Some information, such as Social Security numbers or financial account details, may be redacted to protect privacy.