How does small claims court work in Missouri?
1. Jurisdictional Limit
Mo. Rev. Stat. § 482.305 caps Small Claims Court jurisdiction at $5,000, exclusive of interest and costs.
2. Court Name
Small Claims Division of the Associate Circuit Court (a subdivision of the Circuit Court of each county and the City of St. Louis).
3. Filing Fee
Filing fees are low: $19-$25 depending on the county, plus sheriff service fees of $20-$30 per defendant. Indigent filers may apply for in forma pauperis status under Mo. Rev. Stat. § 514.040.
4. Filing the Claim
File a Small Claims Petition (Form CV-100A) in the county where the defendant resides, is doing business, or where the cause of action accrued (Mo. Rev. Stat. § 508.010). Service is by sheriff or certified mail (Mo. R. Civ. P. 54).
5. Defendant's Response
No written answer is required. The petition sets a hearing date 30-60 days from filing. Counterclaims must be filed at least 7 days before the hearing if exceeding $100 (§ 482.310). Failure to appear results in default judgment.
6. Attorney Representation
Attorneys are permitted on both sides (§ 482.320). Corporations may appear through any officer or employee in small claims, an exception to the general rule requiring counsel.
7. Hearing
Hearings before the associate circuit judge are informal; the Missouri Rules of Evidence apply only generally (§ 482.330). The judge actively develops the record and may render judgment immediately.
8. Judgment & Collection
Either party may appeal to the Circuit Court within 10 days for a trial de novo (§ 482.365). An appeal bond is required unless waived for indigency. Collection tools include garnishment under Mo. Rev. Stat. § 525 (subject to head-of-family exemption capping at 10% under § 525.030), executions, and judgment liens recorded under § 511.350.
9. Statute of Limitations
Standard SOLs apply: 10 years for written contracts (Mo. Rev. Stat. § 516.110), 5 years for oral contracts (§ 516.120), 5 years for personal injury and property damage (§ 516.120(4)), and 5 years for fraud (§ 516.120(5)).
This is legal information, not legal advice.
- Your claim exceeds $5,000 and must be filed in Associate Circuit or Circuit Court
- The defendant has appealed to Circuit Court for a trial de novo with formal rules and discovery
- You need to garnish a head-of-family wage earner, where Missouri caps garnishment at 10%
- Mo. Rev. Stat. §§ 482.300-482.365
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.