What Is a Small Claims Court in Missouri?
In Missouri, the Small Claims Court is a division of the Circuit Court. The Small Claims Court hears cases of civil disputes that involve up to $5,000. Often called the People’s Court, the Missouri Small Claims Court exists to resolve disputes inexpensively and quickly. Case parties may bring claims without an attorney. It is important to note that the Small Claims Court in Missouri only handles monetary claims. Any persons 18 years or older may bring small claims in Missouri. Small claims cases can also involve corporations, groups, limited liability companies, and other entities.
How Do Missouri Small Claims Court Work?
The Small Claims Court in Missouri hears cases of:
- Property damage
- Personal injury
- Landlord-tenant dispute
- And other civil actions excluding eviction
In a Missouri Small Claims Court, case parties do not need attorneys. However, if it is in the case parties’ best interests to retain an attorney, the Small Claims Court will allow it. Missouri Small Claims Courts only involve monetary claims. Case parties may not sue for property or goods return. Case parties may also not sue for discrimination, defamation, or suffering in the Small Claims Court. Additionally, Small Claims Courts in Missouri do not hold jury trials. An Associate Circuit Judge hears and decides small claims cases in an informal setting.
The Missouri Small Claims Court has a jurisdictional limit. The court can only hear cases that involve no more than $5,000, excluding interests and court costs. Case parties may file claims that exceed $5,000. However, such parties must be prepared to waive the excess amount. The Missouri Small Claims Court does not collect a judgment on the case parties’ behalf. Case parties may appeal Small Claims Court decisions within ten (10) days of the Associate Circuit Judge’s final decision in the case. Case parties have the right to a trial de novo in an appeal. The Missouri Judiciary provides a handbook that guides Small Claims Court usage in the state.
How to Take Someone To Small Claims Court in Missouri
Persons interested in filing small claims cases in Missouri must visit the Small Claims Court in person to file a claim. Such parties must fill the Petition Small Claims Court form. In the form, the plaintiff must include the defendant’s correct name(s), address(es), and phone number(s) of the defendant. The court may dismiss petitions that do not have the correct information. Alternatively, persons who file claims with incorrect information may not be eligible for judgment collection.
The petition must contain brief but accurate information about the claim, including the amount the defendant owes and the events surrounding the claim. The plaintiff must sign the petition and file it in the county where:
- The defendant lives
- The defendant conducts business
- The events leading up to the claim happened
- The plaintiff lives, but the defendant may be served.
The plaintiff must pay court fees associated with the filing. The court charges $20 for each claim, and the plaintiff must pay at the time of filing. The Missouri Small Claims Court accepts payments through money orders, cashier’s checks, credit and debit cards, and cash. After filing, the court sets a hearing date and notifies the defendant of the claim through certified mail. The defendant must receive the summons and notice at least ten (10) days before the scheduled hearing date. If the defendant does not receive or sign the summons, the plaintiff may serve another notice through a court official or the sheriff’s office. However, the plaintiff will bear the cost of service. The defendant and the plaintiff must both appear in court on the scheduled date.
How Much Can You Sue For in Missouri Small Claims Court?
Interested persons may file claims that involve up to $5,000 in a Missouri Small Claims Court. This amount excludes court costs and interests. Case parties may file cases that exceed $5,000 in value. However, by filing such a claim in the Small Claims Court, the petitioner waives the right to claim the amount above $5,000. This applies to the current claim and subsequent claims against the same defendant involving the same issues. Persons who wish to file claims that involve more than $5,000 may file in the Circuit Court. The Missouri Small Claims Court allows case parties to file up to 12 claims in one calendar year.
How to Defend Yourself in Missouri Small Claims Court
When a defendant receives a summons, it is in the defendant’s best interests to read and understand the content of the summons. The notice and summons inform the defendant of who the plaintiff is, how much the plaintiff is suing for, and the events leading to the claim as narrated by the plaintiff. The defendant may respond with an agreement to the claim, a dispute, or a counterclaim. If a defendant intends to dispute a claim, the defendant must gather necessary information and evidence in preparation for the case. The defendant must be present on the day of the scheduled hearing to present their side of the story.
The defendant may also file a counterclaim against the plaintiff. In Missouri, the defendant may not need a pay a filing fee for the counterclaim. The defendant may file a counterclaim based on the same or different circumstances as the plaintiff’s claim. If the defendant’s claim exceeds the Small Claims Court threshold, the case parties may agree to move the case to a higher court. Alternatively, case parties may leave the case in circuit court. However, the defendant cannot claim more than $5,000.
Although the plaintiff has the burden of proof, the defendant must also attempt to discredit the validity of the plaintiff’s claim. Case parties must adequately prepare by gathering relevant evidence and witnesses before the hearing date. Case parties may also attend other Small Claims Court sessions in preparation for the hearing.
How Long Do You Have to Take Someone to Small Claims Court in Missouri
The statute of limitations is the time within which a party can bring legal action against another party. The statutes of limitations for small claims cases in Missouri vary depending on the type of case. Cases that involve property damage, personal injury, contract breach, and money damages have a statute of limitations of five (5) years. If a party wishes to file a claim to recover money from a breached promise, such a party must file the claim within ten (10) years of the breach. The statute of limitations for most other small claims in Missouri is two (2) years.
What Happens if you Don’t Show up for Small Claims Court in Missouri?
If a defendant does not show up for Small Claims Court, the court will enter a default judgment against the defendant. The court may still examine the plaintiff’s evidence and case before passing the default judgment. If a plaintiff does not show up for a hearing, the court will dismiss the plaintiff’s claim.
What are Small Claims Court Records in Missouri?
In the course of a small claims case, the court and case parties generate certain documents. These documents contain official information about a case, including the parties’ names, addresses, and the amount involved in the case. Small Claims Court records also include receipts, contract copies, and other records that case parties generate in the course of a case.
Where can I find Missouri Small Claims Court Records?
According to Missouri’s Sunshine Law, Missouri court records are public in the state. Interested parties may request Missouri Small Claims Court records from the Circuit Court Clerk in the county where a petitioner filed the case. Interested parties may also find Missouri Small Claims Court records online using the Missouri Judiciary’s Case.net.
