Missouri Small Claims

Sherrie Bennett

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Sometimes the cost of hiring a lawyer totals more than the money you're owed. Small claims court can be a quick and inexpensive way to collect on your own. The court procedures are informal, not intimidating. And a judge, instead of a jury, usually decides the case.

Who Can Sue and Be Sued?

Any individual, business or corporation may bring a small claims suit for the recovery of money only where the amount owed is $3,000 or less. Attorneys are allowed, but not required.

Where Do I File a Small Claims Case?

You file a small claims case in the Small Claims Court clerk's office in the county courthouse of the county where the party being sued (the "defendant") lives or, in the case of a traffic accident, in the county where the accident occurred. If your case involves a landlord-tenant dispute, you can bring the case in the county where the home or apartment is located. The clerk of the court should be able to determine whether the address is within the boundaries of that court. The clerk will provide you with the necessary forms to file your claim.

Dispute Resolution Services

Before filing a small claims case, the parties are encouraged to try to resolve their differences. Free or low-cost services may be available through the court or local legal clinics. For more information, contact your local county courthouse.

How Much Does It Cost?

You must pay a filing fee of $5 to $15 for claims under $100 and $10 to $20 for claims of $100 or more. You also will have to pay the cost of mailing a certified letter to the person you are suing (approximately $5). If you want the lawsuit served on the defendant by the sheriff instead of by mail, you will have to pay a service fee (approximately $20).

What Happens at Trial?

The trial in small claims court is between you and the defendant. An attorney may represent either side, but attorneys are not required. If an attorney does not represent either side, the judge will ask questions to bring out the relevant facts. Both parties must prepare their cases and bring those witnesses or other evidence (such as documents, records, photographs or drawings) to court to support their claims or defenses. Witnesses must have personal knowledge of the facts in their testimonies. Documents, records, photographs and drawings must be identified and explained by a person with personal knowledge of them.

If the defendant does not appear at trial, you will be granted a "default" judgment for the amount of your claim, plus your filing and service costs. If you fail to appear at trial, the judge will dismiss your claim.

How Do I Collect the Judgment?

If the court enters a judgment against either party, it's that party's duty to pay without delay. The small claims court does not initiate collection of the judgment for you. But if the judgment is not paid within 10 days, and the person you have a judgment against hasn't filed an appeal and posted a bond, you can start trying to collect the judgment by asking the court clerk to issue papers to garnish wages or bank accounts or to have the sheriff seize and sell the property of the person who owes the judgment.

How Do I Appeal a Judgment Against Me?

Any appeal must be filed within 10 days after the judgment is entered. Detailed instructions for filing a small claims appeal are available from the Small Claims Court.

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