Small claims in Missouri.
Missouri's small claims court offers a streamlined process for resolving disputes up to $5,000 without the need for an attorney.
- Most you can sue for$5,000Same cap for individuals and businesses
- Filing fee$20-$100Varies by county and claim amount
- CourtSmall Claims Division of the Circuit Court
- Lawyers at trialAllowedPermitted but not required
- Appeal window10 daysTrial de novo in circuit court
- Recent change—No major changes in the last 3 years
Find your situation.
Missouri small claims handles money disputes up to $5,000 (or $5,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Missouri allows you to file claims for money owed under contracts, with a statute of limitations of 5 years for written contracts and 3 years for oral contracts.
Wrong court for these13 situations small claims can’t handle
Eviction (unlawful detainer)
Small claims court cannot handle eviction proceedings; these must be filed in the associate circuit court.
Try instead: Associate Circuit Court
Title to real estate
Disputes involving the title to real estate are beyond the jurisdiction of small claims court.
Try instead: Circuit Court
Defamation
Claims for defamation, including libel and slander, are not permitted in small claims court.
Try instead: Circuit Court
Malpractice
Professional malpractice claims exceed the jurisdictional limits and complexity suitable for small claims court.
Try instead: Circuit Court
Family law matters
Issues such as divorce, child custody, and support are not handled in small claims court.
Try instead: Family Court
Probate matters
Disputes involving wills, estates, and trusts are outside the jurisdiction of small claims court.
Try instead: Probate Court
Claims against the federal government
Small claims court cannot hear cases against federal agencies or the U.S. government.
Try instead: Federal Court
Class actions
Class action lawsuits are beyond the scope and procedures of small claims court.
Try instead: Circuit Court
Injunctions and specific performance
Small claims court cannot issue orders requiring a party to do or refrain from doing something.
Try instead: Circuit Court
Workers' compensation claims
Claims for workplace injuries are handled by the Division of Workers' Compensation, not small claims court.
Try instead: Division of Workers' Compensation
Bankruptcy matters
Bankruptcy cases are under federal jurisdiction and cannot be filed in small claims court.
Try instead: Federal Bankruptcy Court
Mandatory arbitration disputes
Disputes subject to mandatory arbitration clauses are not suitable for small claims court.
Try instead: Arbitration Panel
Suing a deceased person
Claims against deceased individuals must be filed against their estate in probate court.
Try instead: Probate Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not mandatory, sending a demand letter can often resolve disputes without court intervention.
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 limitation period when the fraud is discovered.
File your case
File at the Small Claims Division of the Circuit Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fees and reasonable service costs are typically added to the judgment against the defendant.
E-filing in Missouri: E-filing availability depends on the county; check with the local court clerk.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 10 days before the hearing (in the same county) or 10 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Certified mail with return receipt. The court clerk sends the summons and petition to the defendant via certified mail, requiring the defendant's signature upon delivery.
- Personal service by sheriff. A sheriff or deputy personally delivers the summons and petition to the defendant.
- Personal service by private process server. A private individual authorized to serve legal documents personally delivers the summons and petition to the defendant.
File the proof of service (SC-6) at least 10 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, service by publication may be permitted with court approval.
If the defendant is evading service, document attempts and seek court guidance for alternative methods.
Show up to the hearing
Informal bench trial; each party presents their case directly to the judge.
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 a few weeks
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 if the defendant defaults, the plaintiff must present evidence to support the claim.
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 SC-2 (Defendant's Answer and Counterclaim). Serve the plaintiff at least 10 days before trial (same county) or 10 days (out of county).
Counterclaim bigger than the cap? If the counterclaim exceeds $5,000, the case may be transferred to the circuit court. RSMo § 482.325
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 9% 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 garnishment application 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 from the court, serve it on the debtor's bank, and the bank freezes and turns over funds to satisfy the judgment.
Cost: $50-100 plus sheriff fees
Notes: Effective if the debtor has sufficient funds in the account; may require knowledge of the debtor's banking information.
What’s protected:
- Social Security and federal benefits
- Certain retirement accounts
Property lien
Place a lien on the debtor's real property, which must be satisfied upon sale or refinancing.
How it works
File the judgment with the county recorder to place a lien on the debtor's property; the lien must be satisfied before the property can be sold or refinanced.
Cost: $25-50
Notes: Effective for securing payment over time; may not result in immediate payment.
What’s protected:
- Homestead exemption up to $15,000
Writ of execution
Authorize the sheriff to seize and sell the debtor's non-exempt property to satisfy the judgment.
How it works
Obtain a writ from the court, and the sheriff seizes and sells the debtor's non-exempt property at auction to satisfy the judgment.
Cost: $50-100 plus sheriff fees
Notes: Effective if the debtor owns valuable non-exempt property; may be time-consuming.
What’s protected:
- Personal property up to $3,000
- Tools of trade up to $3,000
Multiple creditors? Priority rules.
Judgment liens are prioritized by the date of recording; earlier liens have higher priority.
Can you appeal if you lose?
either
- Deadline: 10 days from the judgment notice.
- Filing fee: $30.
- Form: SC-3 — Request for Trial de Novo.
- Type: Trial de novo — the case is heard fresh in the higher court.
A new trial is conducted in the circuit court as if the small claims trial had not occurred.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
St. Louis
- E-filing availability: St. Louis County offers online filing through the Missouri eFiling System.
Jackson
- Mediation services: Jackson County provides on-site mediation services for small claims disputes.
Why cases get dismissed.
Exceeding the claim limit
What goes wrong: If your claim exceeds $5,000 and you file in small claims court, you must waive the excess amount, or the case may be dismissed.
How to avoid it: Ensure your claim is within the $5,000 limit or file in the appropriate higher court.
Improper service of process
What goes wrong: Failing to serve the defendant correctly can result in delays or dismissal of your case.
How to avoid it: Follow Missouri's rules for service of process carefully, using certified mail or personal service as required.
Missing the statute of limitations
What goes wrong: Filing after the statute of limitations has expired will lead to dismissal of your claim.
How to avoid it: Verify the applicable statute of limitations for your claim type and file within the allowed time frame.
Insufficient evidence
What goes wrong: Without adequate evidence, the judge may rule against you, even if your claim is valid.
How to avoid it: Gather all relevant documents, receipts, and witness statements to support your case.
Ignoring counterclaims
What goes wrong: If the defendant files a counterclaim and you are unprepared, you could lose more than your original claim.
How to avoid it: Be prepared to address potential counterclaims by understanding the defendant's possible arguments.
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 implement them if necessary.
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?
Sources22 citations and statutes
- Missouri Courts - Small Claims Information
- Missouri Courts - Court Forms for Small Claims Cases
- Missouri Courts - Local Court Information and Directories
- RSMo § 482.300 (Small Claims Court jurisdiction and procedures)RSMo § 482.300
- RSMo § 482.305 (Who may file; proceedings in small claims court)RSMo § 482.305
- RSMo § 482.330 (Appeals from small claims court)RSMo § 482.330
- RSMo § 517.151 (Service of process in associate circuit courts, including small claims)RSMo § 517.151
- RSMo § 488.012 (Filing fees in civil and small claims cases)RSMo § 488.012
- RSMo § 525.010 (Garnishment procedure and post-judgment remedies)RSMo § 525.010
- Missouri Supreme Court Rule 140 — Small Claims Court Rules
- Missouri small claims forms (Petition, Answer, Request for Trial, etc.)
- Missouri civil and small claims filing fees (State Fee Schedule by Case Type)
- Service of Process - Missouri Supreme Court Rule 54
- Appeals from Small Claims - RSMo § 482.330RSMo § 482.330
- Garnishment Procedure - RSMo § 525.010RSMo § 525.010
- Exemptions and Collection - RSMo § 513.430RSMo § 513.430
- Missouri Merchandising Practices Act (Consumer Fraud/UDAP) - RSMo § 407.010 et seq.RSMo § 407.010 et seq.
- Civil Penalties for Bad Checks - RSMo § 570.120RSMo § 570.120
- Missouri Security Deposit Law - RSMo § 535.300RSMo § 535.300
- Unlawful Detainer (Illegal Lockout/Forced Entry) - RSMo § 534.020RSMo § 534.020
- Final Paycheck and Wage Payment - RSMo § 290.110RSMo § 290.110
- Fraud—Damages—Attorney Fee-Shifting Available—RSMo § 407.025 (Consumer Fraud/UDAP Civil Remedies)RSMo § 407.025
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.