Missouri Small Claims Forms

Missouri Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Missouri Small Claims Forms

  • Is it worth taking someone to small claims court?

    Taking someone to small claims court can be worth it if you have a legitimate claim and a reasonable chance of winning. Small claims provide a quicker, less formal avenue for resolving disputes without significant legal costs. By utilizing Missouri Small Claims Forms, you can streamline the process and ensure you present your case effectively. Evaluating the potential benefits against the time and effort required is key to making your decision.

  • How do I collect a small claims judgment in Missouri?

    To collect a small claims judgment in Missouri, you must first obtain a judgment from the court. After winning, you can use various methods to collect, such as garnishing wages or placing a lien on the debtor's property. Missouri Small Claims Forms can assist in filing for these collection methods. Keep in mind that the collection process can take time, so patience and persistence are essential.

  • How long do you have to take someone to small claims court in Missouri?

    In Missouri, the statute of limitations for filing a small claims case typically ranges from three to ten years, depending on the nature of the claim. This means you should act within this time frame and file your Missouri Small Claims Forms promptly. Ensure you keep track of deadlines, as waiting too long may bar you from seeking a resolution. It's wise to consult any deadlines specific to your case type.

  • Do you need a lawyer for small claims court in Missouri?

    You do not need a lawyer to represent you in small claims court in Missouri. Many individuals successfully navigate the process on their own using Missouri Small Claims Forms. However, having legal advice can help you understand your case better and prepare effectively. Consider your comfort level with the legal process when deciding whether to hire a lawyer.

  • What can you not sue for in small claims court?

    In small claims court, you cannot sue for claims that exceed the monetary limit set by Missouri law. Additionally, you cannot seek punitive damages or legal fees; the court focuses only on the actual amounts owed. Matters such as family law issues, defamation, and personal injury requiring extensive medical evidence also fall outside its jurisdiction. For your convenience, you can access Missouri Small Claims Forms on the USLegalForms platform to help you navigate what is allowable in small claims court.

  • How do I collect on a small claims judgment in Missouri?

    To collect on a small claims judgment in Missouri, first obtain a certified copy of your judgment from the court. You can then use various methods, including wage garnishment or bank levies, to collect the owed amount. Having the correct Missouri Small Claims Forms can streamline this process and boost your chances of a successful collection. Consider reaching out to uslegalforms for assistance in managing this step.

  • How long do you have to file a small claims case in Missouri?

    In Missouri, you generally have five years to file a small claims case. This timeline applies to most personal injury claims, breach of contract, and property damage cases. Ensure you complete the necessary Missouri Small Claims Forms within this period to protect your rights. Timely filing helps you proceed with your case without delays.

  • Is small claims court even worth it?

    Small claims court can be quite effective, especially for resolving disputes without incurring heavy legal fees. It offers a faster, simpler way to handle smaller amounts, which many find beneficial. By utilizing Missouri Small Claims Forms, you can streamline the process even further. Ultimately, the value comes down to your specific situation and how significant the claim is to you.

  • What is the lowest amount for small claims court?

    The lowest amount you can usually file for in small claims court varies by state. In Missouri, you can file claims for as little as $500, making it accessible for many situations. Be sure to use the correct Missouri Small Claims Forms to present your case. This makes filing straightforward, allowing for a smooth legal process.

  • What percentage of people win in small claims court?

    Winning in small claims court varies based on the case and evidence provided. Generally, success rates can hover around 50%, but this can differ greatly depending on the specifics of each case. Strong documentation and correctly filed Missouri Small Claims Forms can greatly increase your chances of winning. Prepare thoroughly to present your case effectively.