What is the small claims limit in Missouri?

Missouri small claims is governed by R.S.Mo. Chapter 482 and Missouri Supreme Court Rule 140.

1. Monetary Limit — R.S.Mo. § 482.305 sets the small claims limit at $5,000, exclusive of interest and costs (raised from $3,000 in 2014).

2. Filing Fee — $24-$30 for filing (R.S.Mo. § 488.305) plus $10-$30 sheriff service per defendant. Most counties offer in forma pauperis status for indigent litigants.

3. Lawyers — Permitted, but R.S.Mo. § 482.310 provides that if any party is represented by an attorney, the court must inform other parties they may also retain counsel and continue the hearing if needed. Corporations may be represented by an officer, full-time employee, or member of the corporation.

4. Statute of Limitations — Standard Missouri SOLs: 10 years for written contracts for payment of money (R.S.Mo. § 516.110), 5 years for oral contracts and personal property damage (R.S.Mo. § 516.120), 5 years for personal injury (R.S.Mo. § 516.120(4)), 5 years for fraud (R.S.Mo. § 516.120(5)).

5. Where to File — Associate Circuit Division (small claims docket) of the county where (a) defendant resides, (b) the cause of action accrued, or (c) defendant has its principal place of business (R.S.Mo. § 508.010).

6. Service — By sheriff, process server, or certified mail. Defendant must be served at least 10 days before the trial date (Mo. Sup. Ct. R. 140.05).

7. Hearing — Informal trial before an associate circuit judge or commissioner. Rules of evidence relaxed; the judge may question witnesses directly.

8. Appeal Rights — Either party may apply for trial de novo in the Circuit Court within 10 days of judgment (R.S.Mo. § 512.180; Mo. Sup. Ct. R. 140.13). The case is tried fresh under the regular Rules of Civil Procedure, and a jury may be demanded.

This is legal information, not legal advice.