Small claims in Mississippi.
Mississippi's Justice Courts handle claims up to $3,500 with a straightforward process designed for self-representation.
- Most you can sue for$3,500Same cap for individuals and businesses
- Filing fee$40-$65Varies by county
- CourtJustice Court
- Lawyers at trialAllowedPermitted but not required
- Appeal window10 daysAppeal to County or Circuit Court
- Recent change—No major changes in the last 3 years
Find your situation.
Mississippi small claims handles money disputes up to $3,500 (or $3,500 if you're a business). Browse 7 categories and 39 specific claim types below.
Mississippi allows 3 years for oral contracts and 6 years for written contracts to be enforced in small claims court.
Wrong court for these10 situations small claims can’t handle
Eviction (unlawful detainer)
Eviction cases are handled in Justice Court but may require specific procedures beyond small claims.
Try instead: Justice Court eviction process
Title to real estate
Justice Courts do not have jurisdiction over disputes involving the title to real property.
Try instead: Chancery Court
Defamation
Defamation cases typically exceed the monetary limit and involve complex legal issues unsuitable for small claims court.
Try instead: Circuit Court
Malpractice
Professional malpractice claims involve complex legal standards and typically exceed the small claims monetary limit.
Try instead: Circuit Court
Family law and probate
Matters such as divorce, child custody, and probate are outside the jurisdiction of Justice Courts.
Try instead: Chancery Court
Claims against the federal government
Justice Courts do not have jurisdiction over claims against federal entities.
Try instead: Federal Court
Workers' compensation
Workers' compensation claims are handled by the Mississippi Workers' Compensation Commission.
Try instead: Mississippi Workers' Compensation Commission
Class actions
Class action lawsuits are complex and exceed the procedural scope of small claims court.
Try instead: Circuit Court
Injunctions and specific performance
Justice Courts can only award monetary damages and cannot issue injunctions or orders for specific performance.
Try instead: Chancery Court
Bankruptcy
Bankruptcy matters are exclusively handled by federal bankruptcy courts.
Try instead: Federal Bankruptcy Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention and serves as evidence of your attempt to settle.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the statute of limitations when the fraud is discovered.
File your case
File at the Justice Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fee and reasonable service costs are added to the judgment.
E-filing in Mississippi: Availability of e-filing varies by county; contact the local Justice Court clerk for information.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 30 days before the hearing (in the same county) or 30 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff or constable personally delivers the summons and complaint to the defendant.
- Certified mail. Summons and complaint sent via certified mail with return receipt requested.
- Private process server. A licensed individual delivers the summons and complaint to the defendant.
File the proof of service () at least 5 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located after diligent efforts, service by publication may be permitted with court approval.
If the defendant is evading service, document all attempts and seek court permission for alternative service methods.
Show up to the hearing
Bench trial with informal procedures; each party presents their case, and the judge may ask questions.
Lawyers at trial: Allowed. Parties may be represented by attorneys but are not required to do so.
When you’ll get the decision: On the spot or mailed within 10 days
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant fails to appear, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even in default, the plaintiff must present evidence to substantiate the claim before a judgment is entered.
If you’re the defendant being sued
Defendants are not required to file a written answer but must appear at the scheduled hearing.
Counter-suing the plaintiff: Allowed using (Counterclaim). Serve the plaintiff at least 5 days before trial (same county) or 5 days (out of county).
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 8% interest per year while unpaid.
Wage garnishment
Have a portion of the debtor's wages withheld until the judgment is paid.
How it works
File a writ of garnishment with the court, serve the employer, and the employer withholds a portion of the debtor's wages to satisfy the judgment.
Cost: $30-50 plus sheriff fees
Notes: Most effective when the debtor is employed and earns above the exemption threshold.
What’s protected:
- 75% of disposable earnings (federal CCPA floor)
Bank levy
Seize funds from the debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of execution, serve it on the debtor's bank, and the bank freezes and transfers funds to the court.
Cost: $50-100 plus sheriff fees
Notes: Effective if the debtor has sufficient funds in the account; may be limited by exemptions.
What’s protected:
- $10,000 in personal property, including bank accounts
Property lien
Place a lien on the debtor's real property to secure the judgment.
How it works
File the judgment with the county clerk to create a lien on the debtor's property, which must be satisfied upon sale or refinancing.
Cost: $25-50
Notes: Effective if the debtor owns real property; may take time to realize payment.
What’s protected:
- Homestead exemption up to $75,000
Writ of execution
Seize and sell the debtor's non-exempt property to satisfy the judgment.
How it works
Obtain a writ of execution from the court, and the sheriff seizes and sells the debtor's property at auction.
Cost: $50-100 plus sheriff fees
Notes: Effective if the debtor owns valuable non-exempt property; may be time-consuming.
What’s protected:
- Various personal property exemptions under state law
Multiple creditors? Priority rules.
Priority among multiple judgment creditors is generally determined by the order in which liens are recorded.
Can you appeal if you lose?
either
- Deadline: 10 days from the judgment notice.
- Filing fee: $200.
- Form: Notice of Appeal.
- Type: Trial de novo — the case is heard fresh in the higher court.
The appeal results in a new trial in the County or Circuit Court.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Why cases get dismissed.
Wrong defendant naming
What goes wrong: If you sue 'John's Garage' but the legal entity is 'JG Auto Repair LLC', the judgment may be unenforceable against the LLC's assets.
How to avoid it: Search the Secretary of State business records before filing and use the exact registered name; for sole proprietors, use the individual's full legal name.
Missed statute of limitations
What goes wrong: Filing one day after the deadline gets the case dismissed with prejudice.
How to avoid it: Check the statute of limitations for your specific claim type before filing; for fraud, the discovery rule applies but be prepared to prove when you reasonably could have discovered it.
Improper service of process
What goes wrong: If the defendant is not properly served, the case may be dismissed or delayed.
How to avoid it: Follow the court's rules for service carefully, and consider using the sheriff or a professional process server.
Filing in the wrong venue
What goes wrong: Filing in the wrong county can result in dismissal or transfer, causing delays and additional fees.
How to avoid it: File in the county where the defendant resides or where the cause of action arose.
Failing to collect judgment
What goes wrong: Winning a judgment does not guarantee payment; you may need to take additional steps to collect.
How to avoid it: Familiarize yourself with collection methods like garnishment and liens, and be prepared to pursue them if necessary.
Overlooking exemptions in collection
What goes wrong: Certain debtor assets are exempt from collection, which can limit your ability to satisfy the judgment.
How to avoid it: Understand the exemptions under Mississippi law to assess the feasibility of collection efforts.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources6 citations and statutes
- Mississippi JudiciaryMississippi Judiciary
- Miss. Code Ann. § 9-11-9Miss. Code Ann. § 9-11-9
- Miss. Code Ann. § 97-19-55Miss. Code Ann. § 97-19-55
- Miss. Code Ann. § 75-24-15Miss. Code Ann. § 75-24-15
- Miss. Code Ann. § 89-8-21Miss. Code Ann. § 89-8-21
- Miss. Code Ann. § 71-1-35Miss. Code Ann. § 71-1-35
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.