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Small claims forms · Missouri

Missouri small claims court forms

Vera can't fill Missouri's small claims forms yet. Here is what the court provides and what to know; Vera still helps you organize your case, deadlines and evidence.

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To sue (you're the plaintiff)

  • The claim is filed in "small claims court", a circuit court judge hearing the separate small claims docket; where a county has one resident associate circuit judge, it is filed with the clerk serving that judge. The court hears civil cases, tort or contract, where the amount "does not exceed five thousand dollars, exclusive of interest or costs"; a plaintiff who sues for more waives the excess (RSMo 482.300, 482.305, 482.315.1).
  • File in the county where at least one defendant resides, or where a plaintiff resides and at least one defendant may be found, or where the facts giving rise to the claim took place (RSMo 482.330.4).
  • The clerk provides the petition form free of charge, and clerks "shall assist them in filling out all forms and pleadings necessary", without cost. At filing the plaintiff signs a statement of not being the assignee of the claim and not having filed "more than twelve other claims in the Missouri small claims courts during the current calendar year" (RSMo 482.330.2, 482.335.1, 482.335.4, 482.340.1).
  • Service is by certified mail, return receipt requested, restricted to the addressee, unless the plaintiff asks for personal service. A signed receipt showing delivery "at least ten days before the day for appearance" is proof of service. The plaintiff pays court costs, a deposit for costs, and the cost of service in advance (RSMo 482.345, 482.350).
  • Parties may bring their claims and defenses without an attorney. "Corporations or unincorporated associations, including labor unions, may enter their appearance and be represented by an officer or authorized employee." The judge tries the case without a jury, and no discovery is allowed (RSMo 482.310).
  • For a residential security deposit: within thirty days after the tenancy ends, the landlord must return the full deposit or give a written itemized list of damages with the balance. If the landlord wrongfully withholds any of it, "the tenant shall recover as damages twice the amount wrongfully withheld" (RSMo 535.300.3, 535.300.6).

If you were sued (you're the defendant)

  • The defendant appears at the time and place in the summons, and the case is tried that day unless continued for good cause. "If the defendant appears, he need not file an answer"; the allegations are treated as denied and any defense may be proved (RSMo 482.355.1).
  • If the defendant was served and does not appear, the court may enter judgment for the amount claimed after the plaintiff presents evidence establishing a prima facie case (RSMo 482.355.2).
  • The instructions served with the summons tell the defendant to bring "all books, papers, witnesses, and evidence" and that the clerk will issue a subpoena for a witness on request, ordered before the hearing date (RSMo 482.340.3).
  • A counterclaim that does not arise from the same transaction may be filed "up to ten days after service of process and before the date of the hearing"; one from the same transaction may be raised up to and at the hearing. Clerks help prepare counterclaims without cost. A counterclaim over $5,000 is heard only if all parties consent; otherwise it is transferred or dismissed (RSMo 482.320, 482.325, 482.335.1, 482.335.4).
  • A party may defend without an attorney. "Corporations or unincorporated associations, including labor unions, may enter their appearance and be represented by an officer or authorized employee" (RSMo 482.310(1)).
  • A party may have a trial de novo by filing an application with the clerk "within ten days after the judgment is rendered" (RSMo 482.365.2).

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.