Small Claims Court in Missouri: How to File, Limits, Fees, and Collection
A practical filing-to-collection guide for Missouri consumers and small businesses suing or being sued for $5,000 or less.
| Fact | Detail |
|---|---|
| Maximum claim | $5,000 (Mo. Rev. Stat. § 482.305) |
| Filing fee | $35.00 base (some counties add small surcharges, for example $35.50 in Greene County) |
| Court | Small Claims Court (a division of the Circuit Court, heard by an associate circuit judge) |
| Time to hearing | About 30 days from filing in most counties |
| Attorneys allowed? | Yes, on either side |
| Deadline to sue on a written contract | 10 years from breach (Mo. Rev. Stat. § 516.110) |
| Service methods | Sheriff, certified mail through the clerk, private process server, court-ordered alternate service, or publication |
| Appeal window | 10 days to file an Application for Trial De Novo |
1. What is small claims court in Missouri?
Small claims court in Missouri is the Small Claims Court division of the Circuit Court, supervised by an associate circuit judge. It hears civil money disputes up to $5,000 under Mo. Rev. Stat. § 482.305. Attorneys are allowed but not required. The process is informal and built for people without lawyers. Most cases reach a hearing in about 30 days from filing.
You go to small claims when you want money, not when you want a court order forcing someone to do something. The judge can award damages, but cannot evict a tenant, order specific performance, or hand back a specific item of property. The court is a forum for cleaner, faster decisions on consumer disputes, unpaid invoices, small contract breaches, security deposits, and minor property damage.
Which court hears small claims cases in Missouri?
The court that hears small claims cases in Missouri is the Small Claims Court, a division of the Circuit Court in each county. An associate circuit judge presides. The same building handles regular civil cases; small claims is just a separate docket with looser rules. There is no jury. Filings are made with the circuit court clerk in the county where the case belongs by venue.
How small claims differs from the regular civil docket
Small claims differs from the regular civil docket in four main ways. First, the dollar cap is $5,000, not unlimited. Second, evidence rules are relaxed and the judge takes an active role asking questions. Third, there is no pretrial discovery: no depositions and no written interrogatories. Fourth, an appeal is a fresh trial in circuit court (a trial de novo, meaning a brand-new trial), not a review of the record.
Is small claims court the right forum for your case?
Small claims is the right forum if you want money of $5,000 or less, your claim is not on the excluded list (eviction, family law, probate, real estate title, equitable relief, class actions, assigned debts), and the defendant has some connection to a Missouri county where you can sue. If you need a court order other than money damages, or your case is worth more than $5,000 and you do not want to give up the excess, file in a higher court instead.
2. Should you file in Missouri small claims?
You can file in Missouri small claims if (1) your claim is for money up to $5,000, (2) the claim type is not excluded, (3) Missouri has venue under Mo. Rev. Stat. § 482.330, (4) you are the original party (not a debt buyer or assignee), and (5) you have not already filed 12 small claims this calendar year. Replevin to recover a specific item is not available; small claims awards money only.
Cases small claims can hear in Missouri
Cases small claims can hear in Missouri include unpaid invoices, breach of a small contract (written or oral), security deposit disputes, property damage from car accidents or negligence, consumer protection claims under the Missouri Merchandising Practices Act, bad check claims under Mo. Rev. Stat. § 570.120, unpaid final wages, loans not repaid, and minor torts like conversion or trespass to chattels. The common thread is a money number under $5,000.
Cases small claims cannot hear in Missouri
Cases small claims cannot hear in Missouri include eviction or possession of real property, divorce, custody, child support enforcement, probate and creditor claims against estates, real property title and boundary disputes, class actions, injunctions or specific performance, federal-only claims (bankruptcy, federal tax, patent, immigration), criminal matters, workers' compensation, replevin for the return of a specific item, administrative appeals, and tax assessment appeals. Claims assigned to debt buyers or collection agencies are also barred.
Who can sue and who can be sued?
Anyone who sues or is sued in Missouri small claims must be the actual party to the dispute. Original creditors can sue; assignees and debt buyers cannot. Minors must sue through a next friend. Incapacitated adults need a guardian. Corporations, LLCs, and other entities can both sue and be sued, and they may appear through an officer or employee instead of an attorney. No plaintiff may file more than 12 small claims in Missouri in one calendar year (Mo. Rev. Stat. § 482.330).
What if you signed a contract with an arbitration clause?
If you signed a contract with an arbitration clause, the other side can ask the court to stay the case and force the dispute into arbitration under both Missouri law and the Federal Arbitration Act. There is one common escape hatch: many consumer contracts include a small-claims carve-out that allows either party to use small claims even when arbitration would otherwise apply. Read the clause closely before filing.
3. How long do you have to sue? Statute of limitations in Missouri
In Missouri, you generally have 10 years to sue on a written contract, 5 years on an oral contract, 5 years for most property damage and personal injury, 2 years for defamation and unpaid wages, and 5 years for fraud (counted from when you discovered it). The clock starts on the date of breach or injury, or the date you discovered the harm in fraud cases. Miss the deadline and the court will dismiss the case.
| Claim type | Limit | Statute | When the clock starts |
|---|---|---|---|
| Written contract | 10 years | Mo. Rev. Stat. § 516.110(1) | From breach or when payment is due |
| Oral contract | 5 years | Mo. Rev. Stat. § 516.120(1) | From date of breach |
| Open account | 5 years | Mo. Rev. Stat. § 516.120(1) | From last charge or last payment due |
| Promissory note | 10 years | Mo. Rev. Stat. § 516.110(1) | At maturity, or on default if payable on demand |
| Property damage | 5 years | Mo. Rev. Stat. § 516.120(3)-(4) | When damage occurs and is ascertainable |
| Personal injury | 5 years | Mo. Rev. Stat. § 516.120(4) | From date of injury |
| Fraud | 5 years | Mo. Rev. Stat. § 516.120(5) | From discovery of the fraud |
| Conversion | 5 years | Mo. Rev. Stat. § 516.120(4) | When property is wrongfully taken or kept |
| Negligence | 5 years | Mo. Rev. Stat. § 516.120(4) | Date of the negligent act causing damage |
| Trespass to chattels | 5 years | Mo. Rev. Stat. § 516.120(4) | At the time of interference |
| Breach of warranty | 4 years | Mo. Rev. Stat. § 400.2-725 (UCC) | When goods are delivered (tender of delivery) |
| Defamation | 2 years | Mo. Rev. Stat. § 516.140 | Upon publication of the statement |
| Unpaid wages | 2 years | Mo. Rev. Stat. § 516.140 | When wages were due and unpaid |
| Final paycheck | 3 years | Mo. Rev. Stat. § 516.130(2); § 290.110 | At termination |
| Bad check | 3 years | Mo. Rev. Stat. § 516.130(2); § 570.120 | Upon dishonor of the check |
| Security deposit | 5 years | Mo. Rev. Stat. § 516.120(2) | 30 days after tenancy ends |
| Consumer protection (MMPA) | 5 years | Mo. Rev. Stat. § 516.120(2) | When the unlawful practice or injury is ascertainable |
| Unjust enrichment (someone benefiting at your expense) | 5 years | Mo. Rev. Stat. § 516.120(1) | When the benefit is conferred and keeping it becomes unfair |
When the clock pauses or resets in Missouri
The Missouri limitations clock pauses or resets in a few situations. The clock is paused while the defendant is out of state long enough to defeat service. The clock is paused while the plaintiff is under a legal disability (a minor, or someone mentally incapacitated). For fraud, the clock only starts when you discover the fraud or reasonably should have. A partial payment by the debtor does not restart the clock unless there is a signed written promise to pay.
What happens if you miss the deadline
If you miss the Missouri statute of limitations, the defendant can ask the court to dismiss the case and the judge will. The deadline is not waived just because the debt is real. Even worse, if you sue knowing you are past the deadline on a consumer debt, you may face counterclaims under federal debt collection laws. Check the date on every demand letter and every contract before filing.
4. Before you file: demand letter and required notices
In Missouri, a demand letter is not required for most claims, but judges expect to see one. Send it by certified mail with return receipt, give the defendant a clear deadline (commonly 14 to 30 days), and keep copies of everything. Some claim types do require a specific pre-suit notice: bad check claims need a 30-day written demand, security deposit claims must wait until 30 days after the tenancy ends, and unpaid final wage penalty claims require a written request to trigger penalties.
Do you need a demand letter in Missouri?
A demand letter in Missouri is not legally required for most small claims, but it is strongly recommended. It shows the judge you tried to resolve the dispute, it often produces payment without a lawsuit, and it locks in a paper trail. Some claims do require a specific pre-suit step before you can collect enhanced damages, and skipping those steps costs you money even if you win.
What to include in a Missouri demand letter
A Missouri demand letter should include the exact amount you are owed, a short description of what happened and why the other side owes you, a clear payment deadline, and your contact information and address for payment. Reference any contract, invoice, or incident date. Send it by certified mail with return receipt requested even when not required, and keep both the green card and a dated copy of the letter.
Pre-suit notice for special claim types
Pre-suit notice in Missouri is required for several specific claim types. For a bad check, you must send a 30-day written demand under Mo. Rev. Stat. § 570.120 before you can recover three times your damages. For a security deposit, the landlord has 30 days after the tenancy ends to return it or itemize deductions; you must wait that out before suing. For final wage penalties, a written request to the employer is needed to start the penalty clock. Home construction disputes may trigger a 90-day right-to-repair notice, and lemon law claims may require administrative or arbitration steps first.
How to sue a city or county in Missouri
To sue a city or county in Missouri, you must give written notice of the claim within a short window. Many cities require notice within 90 days of the incident under statutes like Mo. Rev. Stat. § 82.210; the exact deadline varies by the type of government body. Claims against the state for payment from state funds fall under Mo. Rev. Stat. § 33.120, which gives two years to file a claim for consideration. Missing the notice deadline is usually fatal, so check the specific statute that applies to the entity you want to sue before filing.
5. Identifying and naming the defendant correctly
Name the defendant exactly as they exist legally: a person by full legal name, a sole proprietor by the owner's name plus "doing business as" their DBA, a corporation or LLC by its exact registered name. Misnaming a corporate defendant is the most common reason small claims judgments cannot be collected. Look up the business in the Missouri Secretary of State entity search at s1.sos.mo.gov before filing.
How to find a business's legal name in Missouri
To find a business's legal name in Missouri, use the Missouri Secretary of State business entity search. It lists the exact registered name, registered agent, registered agent address, entity type, and current status. Use that exact spelling on your petition. If the business is dissolved or inactive, that is a red flag for collectability; you may need to sue the former owners individually.
How to name an LLC or corporation
An LLC or corporation in Missouri is named by its full registered legal name, including the "LLC" or "Inc." suffix exactly as it appears in the Secretary of State records. Serve process on the registered agent at the address listed. If the registered agent cannot be found after diligent effort, Missouri allows substitute service through the Secretary of State under the procedures at sos.mo.gov/serviceofprocess.
How to name a sole proprietor or DBA
A sole proprietor in Missouri is named by the owner's full legal name followed by "doing business as" and the trade name. Example: "Jane Doe d/b/a Doe's Auto Repair." This way, the judgment is enforceable against the owner personally, since a sole proprietorship is not a separate legal entity. If you only name the trade name, the judgment may be hard to enforce.
How to amend if you discover the wrong name after filing
If you discover the wrong name after filing, you can ask the court for leave to amend the petition. Do it as early as possible, before the hearing if you can. If you discover the misnaming after winning, you can sometimes correct a clerical error in the judgment, but if the wrong entity was actually served, you may have to re-file. Naming carefully up front is far cheaper.
6. The forms you need to file in Missouri
Missouri uses several forms to run a small claims case from filing through collection. The core ones are the Small Claims Petition (to start the case), the Summons (issued by the clerk), the Proof of Service, and optional forms like the Counterclaim, fee waiver motion, and post-judgment collection forms. State-level small claims forms are available through courts.mo.gov, but exact form codes vary by circuit because many forms are clerk-prepared locally.
| Form code | Name | Purpose | Filed by | Link |
|---|---|---|---|---|
| (varies by circuit) | Small Claims Petition | Opens the case; identifies parties, amount, basis | Plaintiff | courts.mo.gov |
| (clerk-issued) | Small Claims Summons | Notifies defendant of hearing date, time, location | Clerk | courts.mo.gov |
| (clerk-issued) | Proof / Return of Service | Documents how and when defendant was served | Sheriff, server, or clerk | courts.mo.gov |
| (varies) | Small Claims Answer (optional) | Defendant's written response (not required) | Defendant | courts.mo.gov |
| (varies) | Counterclaim | Defendant's related claim against plaintiff, up to $5,000 | Defendant | courts.mo.gov |
| (varies) | Motion and Affidavit to Proceed Without Prepayment of Costs | Fee waiver request | Either party | courts.mo.gov |
| (varies) | Non-Military Affidavit | Confirms defendant is not in active military service (required before default) | Plaintiff | courts.mo.gov |
| (varies) | Motion to Set Aside Default | Asks court to vacate a default judgment | Defendant | courts.mo.gov |
| (clerk-issued) | Subpoena | Compels witness or document production | Either party (clerk issues) | courts.mo.gov |
| (varies) | Satisfaction of Judgment | Records that judgment is paid | Plaintiff (creditor) | courts.mo.gov |
| (clerk-prepared) | Transcript / Abstract of Judgment | Used to record a lien or enforce in another county | Plaintiff (creditor) | courts.mo.gov |
| (varies) | Application for Writ of Execution | Asks clerk to issue writ for sheriff to levy assets | Plaintiff (creditor) | courts.mo.gov |
| (varies) | Garnishment Packet | Wage or bank garnishment forms | Plaintiff (creditor) | courts.mo.gov |
| (varies) | Application for Trial De Novo | Files an appeal within 10 days | Either party | courts.mo.gov |
Which forms open the case?
The forms that open a Missouri small claims case are the Small Claims Petition and the Summons. You complete the petition (listing parties, the amount, and a short description of the claim), file it with the circuit court clerk, and pay the filing fee or file a fee waiver. The clerk issues the summons with your hearing date. That summons is what gets served on the defendant.
Which forms does the defendant file?
The forms the defendant files in Missouri are optional in most cases. Missouri does not require a written answer; just showing up at the hearing is enough. If the defendant wants to raise a related claim, they file a Counterclaim. If they want their fees waived, they file the same Motion and Affidavit to Proceed Without Prepayment of Costs. If a default judgment was already entered, the defendant files a Motion to Set Aside Default.
How to fill out the Missouri claim form
To fill out the Missouri claim form, you list your full legal name and address, the defendant's full legal name and address (use the Secretary of State search to confirm), the exact amount you are claiming (no more than $5,000), and a short plain-English description of what happened and why you are owed money. Sign the petition. Many clerks require the signature to be sworn under oath. Attach copies of contracts, invoices, or other documents that support the claim.
What if you can't afford the filing fee?
If you cannot afford the Missouri filing fee, you file a Motion and Affidavit to Proceed Without Prepayment of Costs. You fill out an income, assets, and expenses statement showing you cannot pay without giving up basic necessities. People near or below the federal poverty level, or those receiving public benefits like SNAP or Temporary Assistance for Needy Families (TANF), typically qualify. The judge decides; if granted, your filing fee and many service fees are waived.
7. Where to file, and how (in person, mail, e-file)
File in the circuit court clerk's office for the county where the defendant lives or can be found, where the events happened, or where the contract was signed or performed. If no defendant resides in Missouri, you may file where the plaintiff lives and where the defendant can be served. Missouri accepts filings in person, by mail, by drop box at many courthouses, and through the statewide Missouri Case.net eFiling system at courts.mo.gov. Most counties issue a hearing date about 30 days after filing.
Which county do you file in?
The county you file in is set by Mo. Rev. Stat. § 482.330. The usual choices are: the county where any defendant resides, the county where the defendant can be served, or the county where the events giving rise to the claim happened (where the contract was signed or performed, or where the accident occurred). For a property damage case, that is usually the accident county. For a contract case, it is usually where the contract was signed or where the work was done.
How to file in Missouri small claims
To file in Missouri small claims you can walk into the circuit court clerk's office with your petition, file by mail with a check or money order made out to the Circuit Court Clerk, use a courthouse drop box where available, or e-file through Missouri Case.net. In-person filing is usually fastest because the clerk reviews your paperwork on the spot and tells you what is missing.
How to e-file in Missouri
To e-file in Missouri, create an account at courts.mo.gov and use the Missouri Case.net eFiling system. Documents must be in PDF format. The system charges the filing fee electronically. Confirmation comes by email. Note that not every county or every type of small-claims filing is available through e-file; check the local circuit rules. If e-filing is not available for your case type, file in person or by mail.
What happens if you file in the wrong county?
If you file in the wrong county in Missouri, the defendant can ask the court to transfer or dismiss the case for improper venue. A transfer adds weeks or months and may cost you a filing slot toward your annual cap of 12. To avoid this, confirm the defendant's address (use the Secretary of State search for businesses) and the location of the events before you file.
8. Filing fees, service fees, and fee waivers in Missouri
Filing fees in Missouri small claims start at $35.00 statewide for any claim up to the $5,000 cap. Some counties add small surcharges; Greene County, for example, charges $35.50 including a local law-library fee. The clerk will confirm the exact total. Service of process adds about $30 for sheriff service in many counties, $10 for certified mail, or $50 or more for a private process server. Filing fees are recoverable as costs if you win.
| Claim amount | Filing fee | Notes |
|---|---|---|
| Any amount up to $5,000 | $35.00 base | Counties may add small surcharges (example: Greene County $35.50) |
| Service method | Cost | When to use |
|---|---|---|
| Sheriff | About $30 (varies by county; some counties up to $55+) | Default and most reliable method; usable in any county |
| Certified mail (through clerk) | About $10 | When defendant has a stable address; only effective if defendant signs the green card |
| Private process server | About $50 and up | When the sheriff cannot find the defendant or you need faster service |
| Court-ordered alternate service | About $10 plus mailing costs | Only with judge's order after diligent attempts fail |
| Publication | About $150 (varies by newspaper) | Last resort; weakens enforcement |
How much does it cost to file in Missouri?
Filing a Missouri small claims case costs $35.00 in state base fees, sometimes a bit more with county surcharges. Greene County, for example, is $35.50. Add service fees ($10 to $55 typically) and any subpoena fees. Payment can be made by cash, check, money order, or credit card. Checks are payable to the Circuit Court Clerk in most counties. Confirm the exact total with the clerk before mailing payment.
How much does service cost?
Service in Missouri costs around $30 for sheriff service in many counties, though some counties run higher. Certified mail through the clerk runs about $10. Private process server fees are market-driven, typically $50 or more. Alternate service ordered by the court runs roughly $10 in mailing and posting costs. Publication is the most expensive at around $150 or more for the newspaper notice.
Can you get the filing fee waived?
You can get the Missouri filing fee waived by filing a Motion and Affidavit to Proceed Without Prepayment of Costs. You list your income, assets, and monthly expenses. People at or below the federal poverty level, or those receiving SNAP, TANF, Supplemental Security Income, or similar benefits, typically qualify. The judge can waive filing fees, service fees, and other court costs. If your income later improves, the court can order you to pay back costs.
Are filing fees recoverable if you win?
Filing fees in Missouri are recoverable if you win, as part of your court costs. So are sheriff fees, certified mail fees, subpoena fees, and witness mileage. Ask for costs at the hearing and include them in the judgment. If the defendant pays voluntarily, you can include costs in the settlement amount.
9. Serving the defendant in Missouri
Missouri allows five methods to serve a small claims defendant: sheriff (or constable), certified mail through the clerk, a private process server, court-ordered alternate service, and publication as a last resort. The clerk typically arranges sheriff or certified mail service for you when you file. Service must be completed in time for the defendant to appear at the scheduled hearing. Before the court enters a default, you must file a non-military affidavit confirming the defendant is not in active duty under the Servicemembers Civil Relief Act (SCRA).
| Method | Allowed | Cost | When to use |
|---|---|---|---|
| Sheriff | Yes | About $30 (varies) | Default method, works statewide |
| Certified mail (clerk) | Yes | About $10 | Stable address, defendant willing to sign |
| Private process server | Yes | About $50+ | Sheriff unsuccessful or faster service needed |
| Court-ordered alternate service | Yes | About $10 plus costs | After diligent attempts fail; judge's order required |
| Publication | Yes | About $150 | Last resort; defendant cannot be located |
Service by sheriff or constable
Service by sheriff in Missouri is the standard method. You pay a fee at filing (commonly $30, higher in some counties like Greene at $55), the clerk forwards the summons and petition to the sheriff in the county where the defendant lives, and the sheriff personally delivers it. The sheriff files a return of service with the court. Allow 10 days or more, especially for service in a different county.
Service by certified mail
Service by certified mail in Missouri is handled by the clerk, who mails the summons and petition with return receipt requested. It only works if the defendant (or an authorized agent) actually signs the green card. If the mail is unclaimed, refused, or returned, service was not accomplished and you must try another method. This is cheap and easy but unreliable for evasive defendants.
Service by private process server
Service by a private process server in Missouri requires an adult who is not a party to the case. Some counties require the server to be specifically approved by the court. The server hands the summons and petition to the defendant in person and files a sworn affidavit of service. Costs are market-based and typically $50 or more. This is often faster than the sheriff in busy counties.
Court-ordered alternate or substituted service
Court-ordered alternate service in Missouri is allowed when the standard methods have failed despite reasonable effort. You file a motion describing what you tried (multiple sheriff attempts, returned certified mail, skip trace results) and ask the judge for an alternative method. Common alternatives include posting at the defendant's last-known residence combined with mailing. You must strictly follow the judge's order and file proof of compliance.
Service by publication
Service by publication in Missouri is a last resort that should only be used when the defendant cannot be located despite real effort. You file a motion, the court orders publication, and you pay a newspaper to run the notice for several weeks. The cost typically runs around $150 or more. Publication gives weaker notice and may limit collection efforts later, since a defendant who never actually saw the notice has strong grounds to set aside the judgment.
What if the defendant refuses or evades service?
If the defendant refuses or evades service in Missouri, you have options. The sheriff can keep trying. You can hire a private process server, who can often find people sheriffs cannot. You can ask the court for alternate service after documenting your attempts. As a last resort, publication is available. Service avoidance does not give the defendant a free pass; it just makes the process longer and slightly more expensive.
Serving a military defendant
To serve a military defendant in Missouri, you must comply with the Servicemembers Civil Relief Act (SCRA). The defendant has the right to a stay of proceedings while on active duty. Before any default judgment, you must file a non-military affidavit stating that the defendant is not in active service, or stating their service status if they are. The Department of Defense maintains a free SCRA lookup site to verify status.
10. The defendant's response
After being served in Missouri, the defendant does not need to file a written answer; just appearing at the scheduled hearing is enough. Defendants may file a Counterclaim for up to $5,000 if they have a related claim against the plaintiff. If the counterclaim exceeds $5,000, the case is typically transferred or certified to the regular civil docket. If the defendant does not appear at the hearing, the plaintiff can request a default judgment after presenting proof.
How long does the defendant have to respond?
The defendant in Missouri has until the scheduled hearing date to respond. There is no separate "answer deadline" the way there is in regular civil court. The defendant can simply appear on the hearing date and present their side. Filing a written answer is allowed but optional. If the defendant wants to file a counterclaim, it should be filed before the hearing so the plaintiff has fair notice.
What goes in the answer?
A Missouri Answer (if filed) must include the defendant's response to each allegation (admit, deny, or say they lack knowledge), any defenses (payment, statute of limitations, lack of contract, etc.), and the defendant's signature and contact information. Because answers are optional in small claims, many defendants skip the paperwork and just show up. That is fine, but bringing notes and exhibits is essential either way.
Can the defendant counterclaim?
The defendant can counterclaim in Missouri by filing a Small Claims Counterclaim Petition before the hearing. The counterclaim must be a claim against the plaintiff that arises from the same events or relates to them. Like the original claim, the counterclaim is capped at $5,000 if it is going to stay in small claims. The plaintiff is then put in the position of also being a defendant on the counterclaim.
What if the counterclaim exceeds the small claims cap?
If the counterclaim exceeds the Missouri cap of $5,000, the case is typically transferred or certified out of small claims to the general civil docket. Once transferred, the case proceeds under ordinary civil rules: formal discovery, written motions, and stricter evidence rules. This is one reason defendants sometimes use larger counterclaims strategically to move a case out of the informal small-claims forum.
11. Preparing for and attending the hearing
Missouri small claims hearings happen about 30 days after filing. They are informal bench trials before an associate circuit judge. There is no jury. Bring 2 copies of every exhibit (one for the judge, one for the other side, plus your own original), all your witnesses, and a tight 2 to 3 minute summary of what happened and what you are asking for. The judge often rules from the bench or mails a written judgment within a few days.
When does your hearing happen?
Your Missouri small claims hearing happens about 30 days after the clerk issues the summons in most counties. The exact date is printed on the summons. If you cannot make it, you must ask for a continuance in writing as early as possible; the judge grants them only for good cause. Showing up late or not at all has serious consequences (see below).
How to prepare your case
To prepare your Missouri small claims case, build it around three things: the timeline, the documents, and the money. Write a one-page chronology of events with dates. Gather every document (contract, invoice, text message, email, photo, repair estimate, receipt) in date order. Calculate your damages line by line. Practice telling the story in 2 to 3 minutes. Anticipate the defense's three best arguments and have a one-sentence answer to each.
What evidence is admissible in Missouri?
Evidence admissible in Missouri small claims includes contracts, invoices, receipts, photos, text messages, emails, repair estimates, expert reports, and witness testimony. Formal evidence rules are relaxed, so hearsay may be admitted at the judge's discretion. Authenticate documents by being ready to say where they came from. For photos and texts, show timestamps and sender information. For audio recordings, Missouri is a one-party consent state, so a recording you made of a conversation you participated in is generally admissible.
How to subpoena a witness
To subpoena a witness in Missouri, you ask the clerk to issue a civil subpoena, pay the required fee, and arrange service through the sheriff or a process server. Allow at least 10 days lead time so the witness has fair notice. You can also subpoena documents (a subpoena duces tecum). Witnesses are entitled to small fees and mileage. If the witness will appear voluntarily, the subpoena is not required.
Can you appear by phone or video?
Phone or video appearance in Missouri small claims is generally not provided for by statewide rule. Most hearings are in person. Some circuits offer it case-by-case for hardship reasons (out-of-state plaintiff, medical limitation, military service). If you need a remote appearance, file a written motion well before the hearing explaining why, and check with the clerk about local practice. Do not assume it is available.
Continuances and what happens if you can't attend
A continuance in Missouri small claims is granted only for good cause and is within the judge's discretion. File a written motion as early as possible with the reason. If the plaintiff fails to appear without good cause, the court may dismiss the case, and that dismissal may bar refiling in small claims (the "one shot" rule). If the defendant fails to appear, the plaintiff may proceed with a default after presenting proof and filing a non-military affidavit.
12. Mediation, interpreters, and ADA accommodations
Missouri offers free voluntary mediation in many circuits, often on the hearing day before the judge hears the case. Court interpreters are available for Spanish, Vietnamese, Bosnian, Chinese, Arabic, American Sign Language (ASL), and others. Request interpreters at least 5 to 10 days before the hearing. ADA accommodations (wheelchair access, sign language interpretation, accessible documents) are requested through the clerk or local ADA coordinator, ideally at least 7 days in advance.
Is mediation available in Missouri small claims?
Mediation in Missouri small claims is voluntary and often offered free on the hearing day. Many counties have volunteer or staff mediators who help parties settle before the judge hears the case. If you reach a settlement, you submit a stipulated dismissal or a consent judgment. Availability varies by circuit, so ask the clerk when you file whether your county offers it.
How to request a court interpreter
To request a court interpreter in Missouri, you notify the clerk in writing as early as possible, ideally 5 to 10 days before the hearing. Give your case number, hearing date, and the language needed. Missouri courts arrange certified interpreters at no cost to the parties for many languages, and use telephone interpretation services for less common ones. American Sign Language (ASL) interpreters are also available.
How to request an ADA accommodation
To request an ADA accommodation in Missouri, contact the court clerk or the local ADA coordinator as early as you can, preferably at least 7 days before the hearing. A written request or local form may be required. Common accommodations include wheelchair-accessible courtrooms, sign-language interpreters, large-print documents, and additional time. Do not wait until the hearing day; arrangements take time.
13. What you can recover (and statutory damages multipliers)
If you win in Missouri small claims, you can recover the underlying damages, court costs (filing fee, service fee, subpoena fees), and post-judgment interest at 9% per year. Pre-judgment interest at 9% may be awarded on liquidated sums under general Missouri practice. Attorney's fees are recoverable only when a contract or statute authorizes them. Several Missouri statutes also allow multiplied damages, including up to double for wrongfully withheld security deposits and three times damages for bad checks.
| Claim type | Multiplier or formula | Conditions | Statute |
|---|---|---|---|
| Security deposit | Up to 2x | Willful or wrongful withholding past statutory period | Mo. Rev. Stat. § 535.300 |
| Bad check | Up to 3x | After 30-day written demand and non-payment, subject to statutory caps | Mo. Rev. Stat. § 570.120 |
| Willful holdover rent | 2x rent | Tenant willfully holds over after lease ends | Mo. Rev. Stat. § 441.060 |
| Unpaid wages | 2x (unpaid wages plus equal liquidated amount) | Many wage and overtime violations | Mo. Rev. Stat. § 290.527 |
| Vexatious insurance refusal | Statutory penalty formula (up to 20% of first $1,500, 10% above $1,500) plus attorney fees | Insurer's vexatious refusal to pay a covered claim | Mo. Rev. Stat. § 375.420 |
| Consumer protection (elder/disabled victims) | Civil penalty up to $5,000 per violation plus actual damages | MMPA violations against elderly or disabled victims | Mo. Rev. Stat. § 407.025.1 |
| Timber trespass | 3x value of timber | Willful cutting or destroying timber on another's land | Mo. Rev. Stat. § 537.340 |
What costs are recoverable in Missouri?
Costs recoverable in Missouri include the filing fee, sheriff or process server fees, certified mail fees, subpoena and witness fees and mileage, and reasonable enforcement costs allowed by statute or court order. Ask for costs at the hearing and include them in the proposed judgment. If you forget, you may still file a motion later to add taxable costs.
How does interest work on Missouri judgments?
Interest on Missouri judgments runs at 9% per year (simple interest), unless a contract specifies a different lawful rate. Pre-judgment interest at the same general rate may be awarded on liquidated sums (claims for a fixed dollar amount) when you request it and show your calculations. Post-judgment interest accrues automatically once judgment is entered. Bring an interest calculation to the hearing.
When can you recover attorney's fees?
Attorney's fees in Missouri small claims are recoverable when a contract or statute authorizes them, and only if you actually paid an attorney. The Missouri Merchandising Practices Act, the Servicemembers Civil Relief Act (SCRA) protections in some cases, and certain landlord-tenant and consumer statutes allow fee awards. A bare "loser pays" clause in a contract usually controls. Without a contract or statute, fees are not awarded.
Statutory damages multipliers in Missouri
Missouri statutes that multiply damages in small claims include the bad check statute (Mo. Rev. Stat. § 570.120, three times damages after 30-day demand), the security deposit statute (Mo. Rev. Stat. § 535.300, up to double damages for willful withholding), the willful holdover statute (Mo. Rev. Stat. § 441.060, double rent), the unpaid wages statute (Mo. Rev. Stat. § 290.527, doubled through liquidated damages), and the timber trespass statute (Mo. Rev. Stat. § 537.340, three times the value).
14. Getting a default judgment when the defendant doesn't respond
If the defendant in Missouri does not appear at the scheduled hearing, you can request a default judgment. You must file proof of service, an affidavit confirming the defendant is not in active military service (under the SCRA), and present a brief prove-up of your damages to the judge. The court enters judgment and you can start collection once the 10-day appeal window closes.
When can you ask for a default judgment in Missouri?
You can ask for a default judgment in Missouri after the defendant fails to appear at the scheduled hearing, provided service was completed properly and proof of service is on file. The judge will not grant a default just because the defendant failed to file an answer (answers are optional in Missouri small claims); the trigger is the missed hearing appearance.
What you file to get a default
To get a default in Missouri, you file a non-military affidavit confirming the defendant is not in active duty under the Servicemembers Civil Relief Act (SCRA), present your proof of service to confirm the defendant was properly notified, and walk the judge through your evidence in a brief prove-up. Bring your contract, invoices, photos, and damages calculation just like you would for a contested hearing.
Can the defendant vacate a default in Missouri?
A defendant can vacate a Missouri default by filing a Motion to Set Aside Default within 1 year of the judgment. The motion must show good cause for missing the hearing (illness, lack of proper service, mistake) and a meritorious defense (a real basis to dispute the claim). The judge has discretion. The sooner the motion is filed, the better the odds.
15. Appealing a small claims judgment in Missouri
In Missouri, either party can appeal a small claims judgment to the circuit court within 10 days by filing an Application for Trial De Novo. A trial de novo is a brand-new trial, where the case is heard fresh, not just a review of what happened in small claims. An appeal bond may be required to stop collection while the appeal is pending. Attorneys are typically more involved at this level.
Who can appeal and when?
Either party in Missouri small claims can appeal within 10 days of the judgment by filing an Application for Trial De Novo. The 10-day window is short and unforgiving. The party who lost (or who feels aggrieved by part of the judgment) files in the same circuit court. If you miss the 10 days, the judgment is final and your only options are post-judgment motions, which are much narrower.
What kind of appeal is it?
An appeal in Missouri small claims is a trial de novo (a brand-new trial). The circuit court hears the evidence again from scratch. It does not just review the small claims judge's decision. This is a strong protection for both sides, but it also means you have to prepare and try the case all over again, often with stricter civil procedure rules and usually with attorneys involved.
What does an appeal cost?
An appeal in Missouri costs the standard circuit court filing fees plus, in some cases, an appeal bond to stay collection. Bond amounts vary by judge and case. Beyond filing costs, an appeal often means hiring an attorney because the rules are stricter and the stakes higher. Plan for several hundred dollars at minimum just for filing.
Does an appeal stop collection?
An appeal stops collection in Missouri when the appealing party posts an appeal bond approved by the court. Without a bond, the prevailing party can usually start collection right away on the small-claims judgment, even with an appeal pending. If you want to stop collection, file the bond at the same time as the Application for Trial De Novo.
16. Collecting your judgment in Missouri
Winning is half the battle, and Missouri does not collect for you. After the 10-day appeal window closes, you can record a Transcript of Judgment to create a lien on real property, apply for a writ of execution to seize non-exempt assets, garnish wages up to 25% of disposable income (less for heads of family), levy bank accounts, and order the debtor to appear for a debtor's examination. A Missouri judgment is good for 10 years and can be revived before it goes dormant.
16.1 Wait for the appeal window to close
The appeal window in Missouri is 10 days from the date of the judgment. During those 10 days, the other side can file an Application for Trial De Novo. Once the window closes without an appeal, the judgment is final and collection can begin. Most creditors wait the full 10 days plus a few extra to confirm no appeal was filed.
16.2 Get an abstract or certificate of judgment
An abstract of judgment in Missouri is obtained by asking the small claims clerk for a certified Transcript of Judgment. You take that transcript to the County Recorder of Deeds or file it with the circuit court in the county where the debtor owns real property. Once recorded, it creates a judgment lien on the debtor's real property in that county. Small claims judgments do not automatically become liens; this recording step is required.
16.3 Writ of execution
A writ of execution in Missouri authorizes the sheriff to seize the debtor's non-exempt personal property (cars, equipment, accounts) to satisfy the judgment. You file an Application for Writ of Execution with the court. The clerk issues the writ to the sheriff, who locates and levies the property. The debtor has the right to claim exemptions on any seized items. Property that is fully exempt (see 16.10) cannot be taken.
16.4 Wage garnishment
Wage garnishment in Missouri is allowed up to 25% of the debtor's disposable earnings under federal law and Missouri rules, with stronger protection for heads of family (typically capped at 10% of disposable earnings for a head of household). You file a garnishment application naming the employer as garnishee. The employer withholds the percentage each pay period and sends it to the court until the judgment is satisfied. Federal benefits (Social Security, Supplemental Security Income, veterans benefits, Social Security Disability Insurance (SSDI)) cannot be garnished.
16.5 Bank levy or account garnishment
A bank levy in Missouri works by filing a writ of garnishment against the debtor's bank as garnishee. The bank freezes the funds in the account, answers the court about what is held, and the court orders the funds turned over after exemptions are claimed. Federal benefits deposited in the account remain protected under federal law. The bank usually charges the debtor a processing fee, and the levy captures only what is in the account on the day the bank is served.
16.6 Debtor's examination
A debtor's examination in Missouri is a court-ordered question-and-answer session where the debtor must appear and answer questions under oath about their income, assets, employer, bank accounts, and property. You file a motion asking the court to order the exam. The debtor must bring pay stubs, bank statements, vehicle titles, and other financial records. Refusing to appear can lead to a contempt order.
16.7 Satisfaction of judgment
A satisfaction of judgment in Missouri is filed when the debtor has paid the judgment in full. As the judgment creditor, you must file it with the court promptly so the case record shows the debt as paid and any recorded liens can be released. Failing to file a satisfaction after being paid can expose you to a claim from the debtor for clouding their title or credit.
16.8 Judgment renewal
A Missouri judgment is valid for 10 years and renewable by filing a motion to revive the judgment before it goes dormant. If you do not revive in time, you may lose the ability to enforce. Mark the 9-year anniversary on your calendar from the date of judgment so you have time to file before the 10-year deadline. Revival extends the enforceability for another 10-year period.
16.9 Collecting from an out-of-state debtor (UEFJA)
To collect from an out-of-state debtor, you domesticate the judgment by using Missouri's Uniform Enforcement of Foreign Judgments Act procedures (Mo. Rev. Stat. §§ 511.760 et seq.). You file an authenticated copy of the judgment and an affidavit in the circuit court of the Missouri county where you want to collect. The debtor has 30 days to contest. If uncontested, the judgment is enforceable in Missouri as if originally rendered here. If the debtor is in another state, you must domesticate the Missouri judgment there using that state's UEFJA equivalent.
16.10 What's exempt from collection in Missouri
Missouri protects the following property from collection. Knowing what is off-limits saves you time chasing assets you cannot reach.
| Category | Amount exempt | Statute | Notes |
|---|---|---|---|
| Homestead (primary residence equity) | $15,000 | Mo. Rev. Stat. § 513.475 | Equity in principal dwelling |
| Household furnishings, goods, clothing, appliances | $3,000 aggregate | Mo. Rev. Stat. § 513.430(1)(1) | Personal and family items |
| Motor vehicle(s) | $3,000 aggregate | Mo. Rev. Stat. § 513.430(1)(5) | Combined value of vehicles |
| Tools of trade / professional tools | $3,000 aggregate | Mo. Rev. Stat. § 513.430(1)(4) | Tools, books, instruments used in occupation |
| Wildcard personal property | $600 | Mo. Rev. Stat. § 513.430(1)(3) | Applied to any property not otherwise exempt |
| Wedding ring | $1,500 | Mo. Rev. Stat. § 513.430(1)(2) | Other jewelry aggregated to $500 |
| Mobile home (principal residence on rented land) | $5,000 | Mo. Rev. Stat. § 513.430(1)(6) | When used as principal residence |
| Life insurance (unmatured) | Generally full value | Mo. Rev. Stat. § 513.430(1)(7) | Subject to statutory exceptions |
| Social Security, public assistance, veterans benefits, disability | Full | Mo. Rev. Stat. § 513.430(1)(10); 42 U.S.C. § 407 | Federally protected |
| Retirement plans (ERISA-qualified, IRAs) | Generally full | Mo. Rev. Stat. § 513.430(1)(10)(e)-(f) | Other plans protected as needed for support |
| Child support / alimony received | $750 per month | Mo. Rev. Stat. § 513.430(1)(10)(d) | Monthly cap |
| Health aids (prescribed devices) | Full | Mo. Rev. Stat. § 513.430(1)(9) | Wheelchairs, hearing aids, prosthetics |
| Firearms and ammunition | $1,500 aggregate | Mo. Rev. Stat. § 513.430(1)(12) | Includes accessories |
| 529 educational savings | Subject to look-back rules | Mo. Rev. Stat. § 513.430(1)(13) | Recent contributions may not be exempt |
17. State-specific quirks and pitfalls in Missouri
Missouri has several rules that surprise filers. The most consequential is the 10-day appeal window: short, strict, and routinely missed. The second is the 12-case annual cap per plaintiff. The third is the flat-out ban on debt buyers and assignees filing in small claims.
Twelve-case annual cap. No plaintiff may file more than 12 small claims in Missouri in a calendar year, and you must certify compliance at filing. Counterclaims do not count toward your cap. Use your slots carefully if you regularly sue tenants or customers.
Debt buyers and assignees are barred. Mo. Rev. Stat. § 482.330 bars assignees (including debt buyers and collection agencies) from filing in small claims. Only the original party to the debt can sue. If you bought a debt, small claims is closed to you.
No discovery. Small claims has no interrogatories, no depositions, and no requests for production. You walk into the hearing with what you have. This makes pre-suit document collection critical.
Ten-day appeal window. Either side can demand a trial de novo within 10 days. That is much shorter than typical civil appeal windows. Calendar it the day judgment is entered.
Judges actively question. Missouri small claims judges take an active role asking questions and developing the record. Be ready for the judge to ask pointed questions. This is normal, not a sign you are losing.
One-shot rule. If you voluntarily dismiss or fail to appear and the court dismisses, you may be barred from refiling the same claim in small claims. Do not file before you are ready, and do not skip a hearing.
Entities can self-represent. Unlike many states, Missouri lets corporations, LLCs, and other entities appear through an officer or employee without an attorney. This makes small claims practical for small businesses.
Certified mail only counts if signed. Service by certified mail through the clerk only works if the defendant or an authorized agent signs the green card. Unclaimed or refused mail is not service. Plan a backup method.
SCRA affidavit required before default. Before entering any default judgment, the court requires a non-military affidavit. Skipping this delays your default by weeks while you go check status on the Department of Defense lookup site.
No automatic real-property lien. A small claims judgment does not become a lien on real estate automatically. You must request a Transcript of Judgment and record it with the County Recorder of Deeds in the county where the debtor owns property.
Defendant who appeals risks a bigger claim. On trial de novo, the plaintiff may amend or seek a larger recovery in circuit court, potentially well above the $5,000 small-claims cap. A defendant appealing a small loss can end up owing more.
18. Sources and citations
- Mo. Rev. Stat. § 482.305. revisor.mo.gov. https://revisor.mo.gov/main/OneSection.aspx?section=482.305. Cited for: $5,000 small claims jurisdictional cap.
- Mo. Rev. Stat. § 482.300. law.justia.com. https://law.justia.com/codes/missouri/title-xxxii/chapter-482/section-482-300/. Cited for: small claims court structure, associate circuit judge oversight.
- Mo. Rev. Stat. § 482.330. revisor.mo.gov. https://revisor.mo.gov/main/OneSection.aspx?section=482.330. Cited for: 12-filing annual cap, ban on assignees, venue rules.
- Mo. Rev. Stat. § 482.355. revisor.mo.gov. https://revisor.mo.gov/main/OneSection.aspx?section=482.355. Cited for: hearing process, default and judgment rules, appeal and transfer rules.
- Mo. Rev. Stat. § 516.110. revisor.mo.gov. https://revisor.mo.gov/main/OneSection.aspx?section=516.110. Cited for: 10-year statute of limitations on written contracts and promissory notes.
- Mo. Rev. Stat. § 516.120. law.justia.com. https://law.justia.com/codes/missouri/2021/title-xxxv/chapter-516/section-516-120/. Cited for: 5-year statute of limitations for oral contracts, torts, property damage, personal injury, fraud (discovery rule).
- Mo. Rev. Stat. § 516.140. law.justia.com. Cited for: 2-year statute of limitations on defamation and wages.
- Mo. Rev. Stat. § 513.430. revisor.mo.gov. https://revisor.mo.gov/main/OneSection.aspx?section=513.430. Cited for: personal property exemption schedule.
- Mo. Rev. Stat. § 513.475. revisor.mo.gov. https://revisor.mo.gov/main/OneSection.aspx?section=513.475. Cited for: $15,000 homestead exemption.
- Mo. Rev. Stat. § 570.120. revisor.mo.gov. Cited for: bad check statute, 30-day pre-suit demand, three times damages remedy.
- Mo. Rev. Stat. § 535.300. revisor.mo.gov. Cited for: security deposit double-damages penalty.
- Mo. Rev. Stat. § 441.060. revisor.mo.gov. Cited for: double rent for willful holdover by tenant.
- Mo. Rev. Stat. § 290.527. revisor.mo.gov. Cited for: unpaid wages doubled through liquidated damages.
- Mo. Rev. Stat. § 537.340. revisor.mo.gov. Cited for: timber trespass treble damages.
- Mo. Rev. Stat. § 375.420. revisor.mo.gov. Cited for: vexatious insurance refusal penalty formula.
- Mo. Rev. Stat. § 407.025. revisor.mo.gov. Cited for: Missouri Merchandising Practices Act civil penalties.
- Mo. Rev. Stat. § 400.2-725. revisor.mo.gov. Cited for: UCC 4-year warranty limitations period.
- Mo. Rev. Stat. §§ 511.760 et seq. revisor.mo.gov. Cited for: Uniform Enforcement of Foreign Judgments Act, 30-day contest period.
- Missouri Courts. courts.mo.gov. https://www.courts.mo.gov/page.jsp?id=704. Cited for: small claims forms, process overview, remedy limitations.
- Missouri Case.net eFiling. courts.mo.gov. https://www.courts.mo.gov/page.jsp?id=45447. Cited for: statewide e-filing portal information.
- Missouri Secretary of State business services. s1.sos.mo.gov. https://s1.sos.mo.gov/business/formsAndServices. Cited for: entity name and registered agent lookup.
- Missouri Secretary of State service of process. sos.mo.gov. https://www.sos.mo.gov/serviceofprocess. Cited for: substitute service on corporations.
- Greene County Courts. greenecountycourts.org. https://www.greenecountycourts.org/small-claims. Cited for: example county filing and service fees ($35.50 filing, $55 sheriff service).
- Missouri Small Claims Court Handbook. paperzz.com. https://paperzz.com/doc/9280391/missouri-small-claims-court-handbook. Cited for: general small claims structure and informality.
19. Frequently asked questions
What is the maximum amount you can sue for in Missouri small claims court?
The maximum amount you can sue for in Missouri small claims court is $5,000, set by Mo. Rev. Stat. § 482.305. The cap applies to any single claim. If your damages exceed $5,000, you can choose to waive the excess and stay in small claims, or file in the regular civil docket where there is no cap. You cannot split one claim into two smaller cases to stay under the limit.
How much does it cost to file a small claims case in Missouri?
It costs $35.00 in state base filing fees to file a small claims case in Missouri, plus any county surcharge (for example, Greene County charges $35.50). Add service fees of about $10 for certified mail through the clerk, around $30 for sheriff service in many counties, or $50 or more for a private process server. If you cannot afford the fees, you can file a Motion and Affidavit to Proceed Without Prepayment of Costs.
How long do I have to sue in Missouri small claims?
How long you have to sue in Missouri small claims depends on the claim type. You have 10 years for a written contract or promissory note, 5 years for an oral contract, property damage, personal injury, fraud, or consumer protection, 4 years for breach of warranty (UCC), 3 years for a bad check, and 2 years for defamation or unpaid wages. The clock starts on the date of breach, injury, or discovery for fraud.
Do I need a lawyer for Missouri small claims court?
You do not need a lawyer for Missouri small claims court. The process is designed for people representing themselves. Attorneys are allowed if you want one, on either side. Missouri also lets corporations, LLCs, and other entities appear through an officer or employee instead of an attorney, which is unusual and helpful for small businesses. Most people handle small claims without counsel.
Can a business sue or be sued in Missouri small claims?
A business can sue or be sued in Missouri small claims. Corporations and LLCs may appear through an officer or employee without an attorney. The business must be named by its exact legal name as registered with the Missouri Secretary of State. Service is usually made on the registered agent. Debt buyers and assignees are barred under Mo. Rev. Stat. § 482.330, even though they are businesses.
How do I serve the defendant in Missouri?
To serve the defendant in Missouri, you choose from sheriff service (about $30, most reliable), certified mail through the clerk (about $10, only effective if the defendant signs the green card), a private process server (about $50 or more, often faster), court-ordered alternate service after attempts fail, or publication as a last resort. The clerk typically arranges the first two. Proof of service must be on file before the case can proceed.
How long does it take to get a hearing in Missouri small claims?
It takes about 30 days from filing to get a hearing in Missouri small claims, depending on the county and how quickly service is completed. Once you file the petition and pay the fee, the clerk assigns a hearing date and issues the summons. If service is delayed (defendant evading, certified mail unclaimed), the hearing may be reset. Most cases reach a hearing within a month or two.
What happens at a Missouri small claims hearing?
At a Missouri small claims hearing, you appear before an associate circuit judge in an informal bench trial with no jury. You give a 2 to 3 minute summary of what happened, present your exhibits and witnesses, and the judge asks questions. The defendant gets the same opportunity. Formal evidence rules are relaxed. The judge often rules from the bench or sends a written judgment within a few days.
What if the defendant doesn't show up in Missouri?
If the defendant does not show up in Missouri, you can request a default judgment. You must have proof of service on file and file a non-military affidavit confirming the defendant is not in active duty under the Servicemembers Civil Relief Act (SCRA). The judge will hear your prove-up and, if your evidence supports the claim, enter judgment in your favor.
What if I miss my Missouri small claims hearing?
If you miss your Missouri small claims hearing as the plaintiff, the court will likely dismiss the case, and that dismissal may bar you from refiling the same claim in small claims under Missouri's one-shot rule. If you are the defendant, the plaintiff can take a default judgment against you. Either way, request a continuance in writing before the date if you cannot attend.
Can I appeal a Missouri small claims judgment?
You can appeal a Missouri small claims judgment within 10 days of the judgment by filing an Application for Trial De Novo in the circuit court. The appeal is a brand-new trial, not a review of the small-claims record. Both sides can appeal. To stop collection during the appeal, you must post an appeal bond approved by the court.
How do I collect a Missouri small claims judgment?
To collect a Missouri small claims judgment, wait the 10-day appeal window, then use one or more tools: record a Transcript of Judgment to create a lien on real property, get a writ of execution to levy non-exempt assets, garnish wages (up to 25% of disposable income), levy bank accounts, or order a debtor's examination to find assets. Missouri does not collect for you.
Can I garnish wages in Missouri?
You can garnish wages in Missouri up to 25% of the debtor's disposable earnings under federal law, with stronger protection for heads of family (typically capped at 10% of disposable earnings). Federal benefits like Social Security, Supplemental Security Income, veterans benefits, and Social Security Disability Insurance (SSDI) are off-limits. You file a garnishment application naming the employer; the employer withholds each pay period.
How long is a Missouri small claims judgment valid?
A Missouri small claims judgment is valid for 10 years and can be revived before it goes dormant. To revive, file a motion to revive the judgment with the court before the 10-year deadline. Calendar the 9-year mark so you have time to file. Revival extends enforceability for another 10 years. Post-judgment interest at 9% continues to accrue the whole time.
Can I sue a city or government agency in Missouri small claims?
You can sue a city or government agency in Missouri small claims, but you must comply with notice statutes first. Many cities require written notice within 90 days of the incident under statutes like Mo. Rev. Stat. § 82.210. Claims against the state for payment from state funds run under Mo. Rev. Stat. § 33.120 (two years to file). Missing the notice deadline usually bars the case.
Do I have to send a demand letter before filing in Missouri?
You do not have to send a demand letter for most claims in Missouri, but judges expect to see one and it often gets you paid without filing. Some specific claim types require pre-suit notice: a 30-day demand for bad checks (to recover three times damages), the 30-day wait for security deposits, and a written request for final wage penalties. Send everything by certified mail with return receipt.
What forms do I need to file in Missouri small claims?
The forms you need to file in Missouri small claims are the Small Claims Petition (you complete) and the Summons (clerk issues). After filing, the Proof of Service documents how the defendant was served. You may also need a Motion and Affidavit to Proceed Without Prepayment of Costs (fee waiver), a non-military affidavit before any default, and post-judgment forms like the Transcript of Judgment and writ of execution.
Can I file Missouri small claims online?
You can file Missouri small claims online through Missouri Case.net eFiling at courts.mo.gov for many counties and case types, though not every county or every filing is supported. Documents must be in PDF, and you need an account. If e-filing is not available for your case, file in person at the circuit court clerk, by mail, or through a courthouse drop box.
Does Missouri small claims have a jury?
Missouri small claims does not have a jury. All hearings are bench trials before an associate circuit judge. If you want a jury, you would need to file in the regular civil docket instead of small claims, or appeal a small-claims judgment to circuit court where some cases may be tried to a jury under the regular civil rules.
What's the Missouri security deposit penalty?
The Missouri security deposit penalty is up to double damages under Mo. Rev. Stat. § 535.300 if the landlord willfully withholds the deposit past the statutory return period. A landlord must return the deposit or provide an itemized list of deductions within 30 days after the tenancy ends. If the landlord misses that deadline without justification, the tenant can recover up to twice the wrongfully withheld amount.
20. When to call a lawyer (and disclaimer)
This guide is enough for most routine small claims cases: an unpaid invoice, a security deposit dispute, minor property damage, a bad check, or a small consumer issue. If your facts are straightforward, the dollar amount is well under $5,000, and the defendant is locatable, you can handle it yourself.
Consider hiring a lawyer if your claim is near the $5,000 cap and you may want to drop excess damages, the statute of limitations is ambiguous, you have an ongoing business relationship with the defendant, the defendant is a government body with complex notice rules, your case involves a complex contract or insurance coverage issue, or you have already won a judgment and collection looks difficult (out-of-state debtor, suspected hidden assets, bankruptcy risk).
For low-cost help, check Legal Services of Eastern Missouri, Mid-Missouri Legal Services, Legal Aid of Western Missouri, or your local circuit's self-help center. The Missouri Bar's lawyer referral service can also connect you with attorneys offering reduced-fee consultations.
Disclaimer. This page is general legal information about Missouri small claims procedure, not legal advice. Reading it does not create an attorney-client relationship. Laws and court rules change, and the right approach depends on your specific facts. For advice about your case, talk to a licensed Missouri attorney.
This guide is general information about Missouri small-claims procedure, not legal advice. CivilCase is not a law firm and does not represent you. Consult a licensed attorney in Missouri for advice about your specific situation.