The Missouri Small Claims Court is designed for quick resolution of small claims, defined as claims of $3,000 or less. People having larger claims can still use Small Claims Court if they are willing to forego any recovery over $3,000.

Small Claims Court parties are not required to use an attorney, and the judge will help them present their cases by asking relevant questions. However, the parties are entitled to be represented by an attorney if desired.

To file a small claims case, simply go to the office of the Circuit Clerk in the county courthouse and ask to speak with the Small Claims Clerk. The Small Claims Clerk will provide the necessary forms and even help fill them out if requested. The required filing fee in Boone County is $15 for claims up to $100 and $20 for claims of $100 or more, plus the cost of service. Service costs in Boone County are $5 for certified mail, $20 for service by the Boone County sheriff, and $25 for service by the sheriff of another county.

When filing a small claims case, an important consideration for the plaintiff is naming the correct defendant. If the wrong defendant is named, the plaintiff may lose the case or end up with a judgment which cannot be collected. Here are some tips to make sure the right defendant is named:

After the case is filed, the petition and summons are served on the defendant, usually by certified mail. If the defendant has a counterclaim against the plaintiff, it can be filed in the same case. The court notifies both the plaintiff and the defendant of the trial date and time.

At the time scheduled for trial, both parties should be present with any witnesses and exhibits (documents or other tangible objects) that may help support their cases. If the plaintiff fails to appear, the judge can dismiss the case. If the defendant fails to appear, the judge can enter a default judgment against the defendant. If both parties are present, a trial will be conducted, and the judge will help the parties and their witnesses by asking relevant questions and asking to see their exhibits. The formal rules of evidence that apply in higher courts do not apply in Small Claims Court. After all the evidence has been heard, the judge will decide who wins the case and enter a written order called a "judgment" in the court's file on the case.

The losing party in a small claims case can appeal by filling out the appropriate form and filing it with the Small Claims Clerk within 10 days after the judgment was entered. If an appeal is filed, a Circuit Judge will rehear the entire case at a later time, and the parties will be notified of the rehearing date and time.

Collecting a Small Claims Court judgment is not automatic for the winning party. Sometimes the losing party will pay the judgment voluntarily. Other times, however, the winning party will have to ask the Small Claims Clerk to issue special legal documents to enforce the judgment. The primary method for enforcing a small claims judgment is a legal document known as a "garnishment," which allows money to be deducted from the losing party's bank account or withheld from the losing party's paycheck.

Although the judgment collection methods available in Small Claims Court are limited compared with those available in higher courts, Small Claims Court is the often the best option to pursue a small claim because cost of using an attorney could exceed the amount of the claim.

[ Home ] [ Up ]

Inquiries about legal representation and comments about this web site may be emailed to sscott@scottlawfirm.com. We will endeavor to respond promptly but will not provide specific legal advice by email except to established clients. Please see our Notices and Disclaimers. Except as otherwise noted on particular pages, this entire web site is Copyright © 1998-2007 by Scott Law Firm Professional Corporation, Columbia, Missouri, U.S.A. Except as otherwise authorized with respect to landlord forms, site visitors may reproduce materials on this site for personal use only. All copies of copyrighted pages must include our copyright notice.