A Missouri Small Claims Counterclaim Petition is a legal document used in the state of Missouri to file a counterclaim in a small claims court case. A counterclaim is a claim that is made by the defendant against the plaintiff in a lawsuit. The counterclaim is usually made in response to the plaintiff's original claim. The Missouri Small Claims Counterclaim Petition must be filed in the court where the original claim was filed. The petition must include the defendant's name and address, the plaintiff's name and address, the date of the original claim, the amount of the claim, and the defendant's counterclaim. The defendant must also provide evidence to support the counterclaim. There are two types of Missouri Small Claims Counterclaim Petitions: the standard counterclaim petition, and the joint counterclaim petition. The standard counterclaim petition is used when a single defendant is filing a counterclaim against the plaintiff. The joint counterclaim petition is used when two or more defendants are filing a joint counterclaim against the plaintiff.
Missouri Small Claims Counterclaim Petition
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How Small Claims Lawsuits are Filed. The plaintiff (the one who files the lawsuit) usually submits the legal documents in the associate circuit court where the person or business you are suing is located or where the product or service was bought. The filing fee is $35.50.
The plaintiff shall file his reply to a counterclaim in the answer within twenty days after filing of the answer or, if a reply is ordered by the court, within twenty days after entry of the order, unless the order otherwise directs.
In Missouri, plaintiffs have up to five years to file a lawsuit for personal injury, defamation, and medical malpractice. However, a maximum of 10 years is allowed for discovery of an injury. Injury to property, trespassing, and enforcement of written contracts carry a five-year statute of limitations.
Service by Mail. A party requesting service by registered or certified mail shall file an affidavit made by the party or by someone on behalf of the party, stating: Why personal service cannot be had in this state on the party to be served by mail, and. The name and address of the party to be served by mail.
A lawyer is not required in small claims court. However, court staff cannot provide legal advice or substantive assistance with a claim or other matters in a suit, so it can be very helpful to hire or consult with an attorney regarding the process, your rights, and claims/defenses.
1. In Small Claims Court plaintiffs act as their own attorney unless they choose to retain an attorney to represent them. The plaintiff must complete all forms and present their own evidence in court. The Court provides all forms necessary for the filing of a small claims case.
Satisfaction of Judgment Small Claims Court: This form is used by a person acknowledging that a judgment in a small claims case has been satisfied in full and the other party owes no remaining debt. Translated in Bosnian, French, Russian, Spanish, Ukrainian and Vietnamese. These forms must be completed in English.
In order to make a counterclaim, you first draft your response to the lawsuit. Then you need to describe the factual circumstances surrounding your claim and make a demand for compensation or other relief. Be sure you do not confuse counterclaims with cross-complaints.