File Small Claims Online in Missouri Court

What Is The Small Claims Court in Missouri?

The Small Claims Court in Missouri is a court that handles legal disputes involving small amounts of money, typically $5,000 or less. This court provides an accessible and affordable way for individuals and businesses to resolve disputes without hiring a lawyer or going through a lengthy and expensive trial.

In Missouri, the Small Claims Court is part of the Circuit Court system and is overseen by the Circuit Court judge in each county. The court can hear a wide range of civil cases, including landlord-tenant disputes, breach of contract claims, and disputes over personal property or money owed.

One unique feature of the Small Claims Court in Missouri is that parties are encouraged to represent themselves, without the need for an attorney. However, parties can choose to have an attorney represent them if they wish.

The procedures and rules for filing a case in Small Claims Court in Missouri can vary depending on the county. Typically, the plaintiff files a written statement outlining the details of their claim, and the defendant is then given the opportunity to respond. The court will then hold a hearing, where both parties can present evidence and arguments, and the judge will make a decision.

If a party is unhappy with the judge's decision, they can appeal to a higher court within a certain time frame.

Missouri Small Claim Filing

To file a small claim in Missouri, follow these steps:

1. Determine if your case falls under the jurisdiction of the Small Claims Court. In Missouri, small claims cases involve disputes over $5,000 or less. Certain types of cases, such as eviction cases, cannot be filed in Small Claims Court.
2. Gather all necessary information and evidence to support your case. This may include documents, photographs, witness statements, and other relevant information.
3. Fill out a Small Claims Court petition form, which can be obtained from the courthouse or downloaded from the Missouri courts website. The form will ask for information about yourself, the defendant, and the nature of the dispute.
4. File the petition with the court clerk in the county where the dispute occurred. You will need to pay a filing fee, which varies by county. The clerk will provide you with a court date and time for the hearing.
5. Serve the defendant with a copy of the petition and a summons, which can be obtained from the court clerk. Service can be done in person, by mail, or by a process server. You must provide proof of service to the court before the hearing.
6. Attend the hearing on the scheduled date and time. Bring any evidence and witnesses with you to support your case. The judge will hear both sides and make a decision.
7. If the judge rules in your favor, you can collect the judgment from the defendant. If the defendant does not pay voluntarily, you may need to take additional legal action to collect the money owed to you.

It is recommended to consult with a lawyer if you are unsure about the process or need legal advice regarding your case.

Who Can Sue Small Claim In Court Missouri?

In Missouri, any individual or business entity can file a small claim in Small Claims Court. This includes:

1. Individuals - You can file a small claim in Missouri if you are 18 years or older and have a dispute involving a person, business, or organization.
2. Businesses - If you are a business owner or representative of a business, you can file a small claim in Missouri for disputes involving other businesses, individuals, or organizations.
3. Landlords - If you are a landlord, you can file a small claim in Missouri for disputes with tenants, such as unpaid rent or damages to the rental property.

It is important to note that certain types of cases cannot be filed in Small Claims Court, such as:

1. Eviction cases - These cases must be filed in the regular circuit court.
2. Cases involving punitive damages - Small Claims Court can only award actual damages, not punitive damages.
3. Cases involving libel or slander - These cases must be filed in the regular circuit court.
4. Cases involving injunctive relief - Small Claims Court cannot issue injunctions.

If you are unsure whether your case can be filed in Small Claims Court, it is recommended to consult with a lawyer or contact the court clerk for guidance.

Should You File A Small Claims Case?

Whether or not to file a small claims case depends on the specific circumstances of your situation. Here are some factors to consider:

1. The amount of money at stake - Small Claims Court is designed for cases involving small amounts of money, typically $5,000 or less. If the amount of money at stake is higher, you may want to consider other legal options.
2. The strength of your case - Before filing a small claims case, you should evaluate the strength of your case. Consider the evidence you have, the legal basis for your claim, and the likelihood of success.
3. The cost and time involved - While Small Claims Court is generally a more affordable and efficient option than a traditional lawsuit

Who Can File Or Defend A Claim in Missouri?

In Missouri, any individual or business entity can file or defend a claim in Small Claims Court. To file a claim, the person or business must be the plaintiff and have a dispute with another person or business, who is the defendant. To defend against a claim, the person or business must be the defendant and have a dispute with the plaintiff.

It is important to note that in Missouri, parties in Small Claims Court are encouraged to represent themselves, and typically do not need an attorney. However, parties are free to hire an attorney if they wish.

To file or defend a claim in Missouri, a person or business must be at least 18 years of age or legally emancipated. If a person is a minor, their parent or legal guardian may file or defend a claim on their behalf.

It is recommended that individuals or businesses seek legal advice from an attorney if they are unsure about the legal process, or if they have a complicated case. An attorney can provide guidance and legal representation to help ensure that their rights and interests are protected.

If You’re The Plaintiff Where Do You File?

If you are the plaintiff in a Small Claims Court case in Missouri, you will need to file your claim in the appropriate court. In Missouri, small claims cases are filed in the associate circuit court in the county where the dispute occurred. Each county has its own associate circuit court, and the court clerk for that county will have the necessary forms and information for filing a small claims case.

To file a small claims case as a plaintiff, you will need to complete a Small Claims Court petition form, which can be obtained from the court clerk or downloaded from the Missouri courts website. The form will ask for information about yourself, the defendant, and the nature of the dispute. You will also need to pay a filing fee, which varies by county.

After filing the petition, you will need to serve a copy of the petition and a summons on the defendant. This can be done in person, by mail, or by a process server. You must provide proof of service to the court before the hearing.

It is recommended that you consult with a lawyer or seek legal advice if you are unsure about the process or need legal guidance regarding your case.

What If You Owe All Or Part Of The Plaintiff's Claim?

If you owe all or part of the plaintiff's claim in a Small Claims Court case in Missouri, you have a few options:

1. Pay the full amount - If you agree that you owe the full amount claimed by the plaintiff, you can pay the amount in full and avoid going to court.
2. Negotiate a settlement - You can try to negotiate a settlement with the plaintiff before the court hearing. This can involve agreeing to pay a portion of the claim or setting up a payment plan. If you reach a settlement, you should get it in writing and file it with the court.
3. Defend yourself in court - If you believe that you do not owe all or part of the plaintiff's claim, you can defend yourself in court. You will need to present evidence to support your case and explain why you do not owe the amount claimed by the plaintiff.

It is important to note that if you do not pay the amount owed or defend yourself in court, the court may enter a default judgment against you. This means that the plaintiff will win the case and be awarded the full amount claimed, plus any court costs and fees. The judgment can also affect your credit score and be enforced through wage garnishment or other means. Therefore, it is recommended to take action and resolve the dispute as soon as possible.

What If The Plaintiff Owes You Money?

If the plaintiff owes you money in a Small Claims Court case in Missouri, you can file a counterclaim against the plaintiff. A counterclaim is a claim made by the defendant against the plaintiff in response to the plaintiff's claim.

To file a counterclaim, you will need to complete a counterclaim form and file it with the court. The counterclaim form will ask for information about yourself, the plaintiff, and the nature of the dispute. You will also need to pay a filing fee, which varies by county.

After filing the counterclaim, you will need to serve a copy of the counterclaim and a summons on the plaintiff. This can be done in person, by mail, or by a process server. You must provide proof of service to the court before the hearing.

At the court hearing, both the plaintiff's claim and your counterclaim will be heard. The judge will hear evidence and arguments from both parties and make a decision based on the evidence presented.

If the judge rules in your favor on the counterclaim, the plaintiff may be ordered to pay you the amount owed. However, if the judge rules in the plaintiff's favor on their claim and your counterclaim, you may be ordered to pay the amount owed to the plaintiff.

It is recommended that you seek legal advice or consult with an attorney if you are unsure about the process or need legal guidance regarding your case.

What To Do With Statement Of Small Claims

If you have received a statement of small claims in Missouri, it means that you have been sued in Small Claims Court by another individual or business. The statement of small claims is a legal document that outlines the details of the claim, including the amount being sought, the nature of the dispute, and the name of the plaintiff.

If you have received a statement of small claims, you have a few options:

1. Pay the full amount - If you agree that you owe the full amount claimed by the plaintiff, you can pay the amount in full and avoid going to court.
2. Negotiate a settlement - You can try to negotiate a settlement with the plaintiff before the court hearing. This can involve agreeing to pay a portion of the claim or setting up a payment plan. If you reach a settlement, you should get it in writing and file it with the court.
3. Defend yourself in court - If you believe that you do not owe all or part of the plaintiff's claim, you can defend yourself in court. You will need to file an answer to the statement of small claims, which is a legal document that responds to the allegations in the statement of small claims and explains why you do not owe the amount claimed by the plaintiff.

To file an answer, you will need to complete an answer form and file it with the court. The answer form will ask for information about yourself, the plaintiff, and the nature of the dispute. You may also need to pay a filing fee, which varies by county.

It is important to respond to the statement of small claims and file an answer within the required time frame, which is usually 30 days from the date you were served with the statement of small claims. If you do not respond within this time frame, the plaintiff may be able to obtain a default judgment against you.

It is recommended that you seek legal advice or consult with an attorney if you are unsure about the process or need legal guidance regarding your case.

Preparing For Small Claim Court Trial

If you are preparing for a Small Claims Court trial in Missouri, here are some steps you can take:

1. Review the evidence: Review all of the evidence you have in the case, including documents, emails, and any other relevant information. Organize your evidence so that it is easy to access and present at the trial.
2. Prepare your witnesses: If you have any witnesses who can testify on your behalf, make sure to contact them and arrange for them to appear at the trial. Prepare them to give testimony that supports your case.
3. Prepare your argument: Think about the main points you want to make at the trial and organize them into a clear and concise argument. Practice delivering your argument so that you are comfortable and confident when presenting it at the trial.
4. Prepare questions: Prepare questions that you will ask the plaintiff and their witnesses. Think about the information you want to elicit from them and make sure your questions are clear and concise.
5. Dress appropriately: Dress in a professional manner for the trial. This shows respect for the court and can also help you feel more confident and comfortable.
6. Arrive early: Arrive at the court early so that you have time to check in and find the courtroom. This can help you avoid feeling rushed and anxious.
7. Stay calm: Stay calm and respectful throughout the trial. Avoid becoming emotional or confrontational, as this can harm your case.

Remember, the Small Claims Court is designed to be accessible to individuals without legal representation. However, if you feel unsure about the process or need legal advice, it may be helpful to consult with an attorney.

What Happens At Small Claims Court Trial

At a Small Claims Court trial in Missouri, the following generally happens:

1. Courtroom setup: When you arrive at the courthouse, you will go to the courtroom where your case will be heard. You will need to check in with the court clerk and take a seat in the courtroom.
2. Introduction of the case: The judge will call your case and ask both parties to introduce themselves. The plaintiff will usually present their case first, explaining the nature of the dispute and what they are seeking in terms of a judgment.
3. Testimony and evidence: The plaintiff will have an opportunity to present their case, including any relevant evidence and witnesses. After the plaintiff has presented their case, you will have the opportunity to present your defense, including any evidence or witnesses you have to support your case.
4. Questioning: After each side has presented their case, the judge may ask questions of both parties to clarify any points or gather additional information.
5. Judgment: After both parties have presented their case, the judge will make a decision and issue a judgment. If the judge decides in your favor, the plaintiff will be ordered to pay the judgment amount. If the judge decides in the plaintiff's favor, you will be ordered to pay the judgment amount.

It is important to note that the rules and procedures for Small Claims Court trials can vary by county in Missouri. It is a good idea to review the rules and procedures for your specific county before your trial. Additionally, if you feel unsure about the process or need legal advice, it may be helpful to consult with an attorney.

Appeal After Small Claims Judgment

If you are unhappy with the judgment in a Small Claims Court case in Missouri, you may be able to appeal the decision. However, the appeals process for Small Claims Court cases is generally limited, and there are specific rules and procedures you must follow. Here are the steps to appeal a Small Claims Court judgment in Missouri:

1. File a notice of appeal: To appeal a Small Claims Court judgment, you must file a notice of appeal with the court within ten days of the judgment.
2. Pay the appeal bond: In Missouri, you will typically be required to pay an appeal bond, which is a sum of money that ensures you will pay the judgment if the appeal is unsuccessful. The amount of the bond will depend on the judgment amount.
3. File the appeal with the Circuit Court: You will need to file your appeal with the Circuit Court in the same county where the Small Claims Court is located.
4. Attend the appeal hearing: Once your appeal is filed, the Circuit Court will schedule a hearing. You will need to attend the hearing and present your case to the judge.
5. Receive the appeal decision: After hearing both sides of the case, the Circuit Court judge will make a decision. If the judge rules in your favor, the judgment from the Small Claims Court will be overturned. If the judge rules against you, the Small Claims Court judgment will stand.

It is important to note that there are strict deadlines and requirements for appealing a Small Claims Court judgment in Missouri, and the appeals process can be complex. If you are considering appealing a Small Claims Court judgment, it may be helpful to consult with an attorney to ensure that you understand the process and have the best chance of success.