Missouri’s small claims court is the associate circuit judge sitting in an informal mode. It hears civil cases, contract or injury, worth up to $5,000, not counting interest or costs [1]. There’s no jury, no discovery and no formal rules of evidence, and you can represent yourself [2].
At a glance
- Small claims limit
- $5,000, not counting interest or costs [1]
- Lawyer needed?
- No [2]
- Clerk help
- Free help with forms [5]
- Filing cap
- No more than 12 other small claims a year [4]
- New trial
- Apply within 10 days of judgment [8]
| Rule | Detail |
|---|---|
| Dollar limit | $5,000, not counting interest or costs |
| Claims over the limit | Allowed, but anything over $5,000 is waived |
| Filing cap | No more than 12 other small claims in Missouri in the calendar year |
| Unrelated counterclaim | Up to 10 days after service, before the hearing |
| Trial de novo | Apply within 10 days of judgment |
Is your case a fit?
Small claims takes civil cases where the amount in dispute is $5,000 or less, not counting interest or costs [1]. If you’re owed more, you can still file here, but you waive anything over $5,000, in that case and any later case on the same issue [3].
Two kinds of filers are shut out [4]:
- someone who bought or was assigned the claim (an assignee ), and
- anyone who has already filed more than 12 other small claims in Missouri this calendar year.
When you file, you sign a statement that neither applies to you [4].
Where to file
You can file in a county where at least one defendant lives, or where you live and at least one defendant can be found. You can also file where the events behind the claim happened [4].
How to file
- Go to the small claims clerk in the right county. Clerks must explain the process and help you fill out the forms, at no cost to you [5].
- Tell the clerk your preferred hearing time: daytime, evening or Saturday [5].
- Pay the court costs and service fees. You pay the cost of serving the other side in advance [6]. Missouri’s court costs are set by Supreme Court rule and vary, so ask the clerk for your total [6].
The hearing
Small claims hearings are informal. The judge decides the case without a jury, and there’s no discovery [2]. Businesses can appear through an officer or authorized employee [2].
Counterclaims. A defendant can raise a counterclaim from the same events at any time up to the hearing. A counterclaim about something unrelated must be filed within 10 days after service and before the hearing date [7].
Appeals: a brand-new trial
Either side can ask for a trial de novo , except after a judgment by consent [8]. File the application with the small claims clerk within 10 days after the judgment [8]. The new trial follows the usual rules for trials before a circuit judge, and the parties can agree to a jury of at least six [8].
A small claims judgment isn’t a lien on real estate [8].
Other states
Every state sets its own limit. See BestAmerica’s small claims limits by state.
Sources
- Revised Statutes of Missouri § 482.305: Small claims jurisdiction
- Revised Statutes of Missouri § 482.310: Small claims procedure
- Revised Statutes of Missouri § 482.315: Claims over $5,000
- Revised Statutes of Missouri § 482.330: Who can file, and where
- Revised Statutes of Missouri § 482.335: Clerk's help
- Revised Statutes of Missouri § 482.345: Court costs
- Revised Statutes of Missouri § 482.320: Counterclaims
- Revised Statutes of Missouri § 482.365: Trial de novo
Common questions
What is the small claims limit in Missouri?
$5,000, not counting interest or costs. You can file a bigger claim in small claims, but you give up anything over $5,000 for good.
Do I need a lawyer for small claims court in Missouri?
No. Parties can handle their own claims and defenses. Businesses can appear through an officer or authorized employee. The clerk will help you fill out the forms at no cost.
How do I appeal a small claims judgment in Missouri?
File an application for a trial de novo with the small claims clerk within 10 days after the judgment. The case is then heard again from the start. Filing doesn't stop collection of the judgment unless you also post a bond in that time.