Missouri Statute | Act | Code |Courts| US Code - US Statute

1. Each judge of the circuit court hearing and determining small
claims cases shall maintain a separate "small claims" docket and shall
set aside and specify such times as may be reasonable and necessary for
hearing "small claims" including, if necessary and desirable, Saturdays
and evenings.

2. When such judge is hearing small claims matters, the court shall be
known as "small claims court".

3. Unless and until a case or cases filed under the small claims
procedures herein provided are otherwise assigned by the presiding judge
of the circuit or by local circuit court rule,

(1) In counties where there is only one resident associate circuit judge,
such cases shall be filed with the clerk serving such judge and
thereafter heard by him;

(2) In counties where there is more than one resident associate circuit
judge, such cases shall be heard by such associate circuit judge or
judges as may be provided by local circuit court rule, or in the absence
of such rule, as may be appointed by the presiding judge of the circuit,
and such cases shall be filed with the clerks serving such associate
judges as are so designated, unless a centralized filing system for such
cases be provided by local court rule. (L. 1976 H.B. 1317 & 1098 § 4
subsecs. 1, 4, A.L. 1978 H.B. 1634)

Effective 1-2-79

When sitting as a small claims court, the judge shall have
original jurisdiction of all civil cases, whether tort or contract, where
the amount in controversy does not exceed three thousand dollars,
exclusive of interest or costs, or as provided in this chapter. (L. 1976
H.B. 1317 & 1098 § 4 subsec. 2, A.L. 1978 H.B. 1634, A.L. 1982 S.B. 497,
A.L. 1988 S.B. 522, A.L. 1993 H.B. 490, A.L. 1995 H.B. 189)

In all small claims proceedings:

(1) Parties may prosecute their claims and defenses without the
assistance of an attorney. Corporations or unincorporated associations,
including labor unions, may enter their appearance and be represented by
an officer or authorized employee. Such representation shall not be
deemed the unauthorized practice of law.

(2) Except as otherwise provided herein or by rule of the supreme court,
the established structure, administration and procedures in the divisions
of the circuit court presided over by associate circuit judges in the
respective counties in matters heard and determined within the class of
cases enumerated in subdivision (1) of subsection (2) of section 478.225,
RSMo, shall prevail.

(3) Proceedings shall be conducted in an informal summary manner, and the
formal rules of evidence and procedure shall not apply.

(4) The judge shall assume an affirmative duty to determine the merits of
the claims and defenses of plaintiffs and defendants and may question
parties and witnesses.

(5) No discovery shall be permitted.

(6) Trial shall be to the judge sitting without jury.

(7) The provisions of sections 482.300 to 482.365 shall be liberally
construed and applied to effectuate the purposes of the act. Judges
sitting as a small claims court shall have the power and duty to construe
and apply sections 482.300 to 482.365 to further its purposes. (L. 1976
H.B. 1317 & 1098 § 4 subsec. 3, A.L. 1978 H.B. 1634)

Effective 1-2-79

1. If the amount in controversy in an action exceeds three
thousand dollars, a plaintiff may file and prosecute a small claims
action for recovery of money, but such plaintiff waives any claim for any
sum in excess of three thousand dollars in that or in any subsequent
proceeding involving the same parties and issues.

2. In an action transferred under section 482.325, the plaintiff or
defendant may amend the claim or counterclaim to a dollar amount not to
exceed the jurisdictional limit of the division of the circuit court to
which the action was transferred. (L. 1976 H.B. 1317 & 1098 § 4 subsec. 5
subdiv. (1), A.L. 1978 H.B. 1634, A.L. 1982 S.B. 497, A.L. 1985 S.B. 5,
et al., A.L. 1993 H.B. 490, A.L. 1995 H.B. 189)

1. At any time up to ten days after service of process and
before the date of the hearing, the defendant may file a counterclaim
which does not arise out of the same transaction or occurrence as the
plaintiff's original claim. The pleading requirements for filing such a
counterclaim shall be the same as those for the filing of the original
claim.

2. At any time up to and including the time of the hearing, the defendant
may raise a counterclaim which grows out of the same transaction or
occurrence as the plaintiff's original claim.

3. If, during the course of the hearing, the judge determines that the
defendant has a counterclaim arising out of the same transaction or
occurrence as the plaintiff's original claim, the judge may question the
parties on the counterclaim and render judgment on it as if it had been
raised on the initiative of the defendant. (L. 1976 H.B. 1317 & 1098 § 4
subsec. 5 subdivs. (2), (3), (4), A.L. 1978 H.B. 1634)

Effective 1-2-79

If the amount of the counterclaim exceeds by itself the
jurisdictional limit of the small claims court as established in section
482.305:

(1) The court shall have jurisdiction to hear both the claim and the
counterclaim, with the consent of all parties to the proceeding. The
court shall not accept the consent of any party unless the court shall
have informed him that he has the right to consult with an attorney prior
to giving or withholding his consent.

(2) If all parties do not consent and if the counterclaim arose out of
the same transaction or occurrence as the plaintiff's original claim, the
cause shall be transferred by the small claims court to be heard by the
associate circuit judge under procedures provided in chapter 517, RSMo,
if such might otherwise be heard and determined under such procedures,
and in other cases the cause shall be certified for assignment in the
manner provided in section 517.081, RSMo.

(3) If all parties do not consent and the counterclaim does not arise out
of the same transaction or occurrence as the original claim, the court
shall dismiss the counterclaim without prejudice to its being heard
separately in an appropriate court.

(4) If all parties do not consent and if the counterclaim arose out of
the same transaction or occurrence as the plaintiff's original claim, and
the court determines in its judgment that the amount or nature of the
counterclaim is not in good faith, then the court shall dismiss the
counterclaim without prejudice. (L. 1976 H.B. 1317 & 1098 § 4 subsec. 5
subdiv. (5), A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)

Effective 1-1-87

1. No claim may be filed or prosecuted in small claims court by
a party who:

(1) Is an assignee of the claim; or

(2) Has filed more than twelve other claims in the Missouri small claims
courts during the current calendar year. If the court finds that a party
has filed more claims than are permitted by this section, the court shall
dismiss the claim without prejudice.

2. At the time of filing an action in small claims court, a plaintiff
shall sign a statement that he or she is not the assignee of the claim
sued on and that he or she has not filed more than twelve other claims in
the Missouri small claims courts during the current calendar year.

3. Nothing in this section shall prohibit the filing or prosecution of a
counterclaim growing out of the same transaction or occurrence.

4. No claim may be filed in a small claims court unless:

(1) At least one defendant is a resident of the county in which the court
is located or at least one of the plaintiffs is a resident of the county
in which the court is located and at least one defendant may be found in
said county; or

(2) The facts giving rise to the cause of action took place within the
county in which the court is located. (L. 1976 H.B. 1317 & 1098 § 4
subsec. 6, A.L. 1985 S.B. 5, et al., A.L. 1988 S.B. 522, A.L. 1993 H.B.
490, A.L. 1996 H.B. 1554, A.L. 2001 S.B. 267, A.L. 2004 S.B. 1211)

1. Clerks under the supervision of the small claims court judges
shall explain to litigants the procedures and functions of the small
claims court and shall assist them in filling out all forms and pleadings
necessary for the presentation of their claim or counterclaim to the
court. Notice of the fact that clerks will provide such assistance shall
be conspicuously posted in the clerks' offices.

2. The location of the office where a small claims action can be filed
and the location of the courtroom where small claims sessions are being
held shall be conspicuously posted in the court building.

3. At the time of filing of a small claim, the plaintiff shall advise the
clerk whether a daytime, evening or Saturday hearing is preferred by the
plaintiff.

4. The performance of duties prescribed in this section shall not
constitute the practice of law as defined in section 484.010, RSMo. All
duties of the clerk prescribed in this section shall be performed without
cost to the litigants. (L. 1976 H.B. 1317 & 1098 § 4 subsec. 7, A.L. 1978
H.B. 1634)

Effective 1-2-79

1. An action on a small claim may be commenced by filing with
the clerk of the small claims court a form substantially similar to the
petition form provided in this section. Petition forms shall be provided
by the clerk of the small claims court free of charge to any person:

SMALL CLAIMS COURT

In the Circuit Court of ......, Missouri ....... Plaintiff) Case number
......

vs Amount claimed ...... ....... Defendant) Return date ......

PETITION

The plaintiff states that he has a claim against the defendant in the
amount of $........ . The claim arose on or about ..........., 19...., as
a result of the following events: Defendant can be found at ............,
Telephone No. ..... . Plaintiff can be found at ............, Telephone
No. ..... .

The plaintiff states that the allegations of this complaint are true and
correct to the best of his knowledge, that he is not an assignee of this
claim and that he has not filed more than three other claims in the
Missouri small claims courts during the current calendar year. Plaintiff
understands that should he be successful in this action and obtain a
judgment, and if defendant does not appeal and this judgment becomes
final, the plaintiff is barred from commencing another action involving
the same parties and issues. PLAINTIFF UNDERSTANDS THAT HE IS HEREBY
WAIVING HIS RIGHT TO JURY TRIAL ON THESE ISSUES IN THE SMALL CLAIMS COURT.

.....................

(Plaintiff)

2. The summons in a small claims action shall be made in a form
substantially similar to the form below:

SUMMONS TO EACH OF THE ABOVE NAMED DEFENDANTS:

YOU ARE SUMMONED AND REQUIRED TO APPEAR IN PERSON IN ROOM ... OF THE
........ BUILDING LOCATED AT ........ ON ........, 19..., AT THE HOUR OF
........ .

IF YOU FAIL TO APPEAR, A JUDGMENT MAY BE ENTERED AGAINST YOU FOR THE
AMOUNT ASKED IN THE PETITION, BUT NOT TO EXCEED $1,000 PLUS INTEREST AND
COSTS. THIS ACTION HAS BEEN FILED UNDER THE SMALL CLAIMS COURT ACT. RULES
OF EVIDENCE DO NOT APPLY AND YOU MAY DEFEND THIS ACTION WITH OR WITHOUT
THE ASSISTANCE OF AN ATTORNEY.

.....................

(Clerk of the Court)

3. A copy of the petition shall be attached to the summons. Instructions
to the defendant in substantially the following form shall accompany the
summons.

INSTRUCTIONS TO DEFENDANT

1. If you do not wish to oppose plaintiff's claim you may:

(1) Contact plaintiff and make an out-of-court settlement

with the plaintiff before the hearing date and file with

the clerk of the court a dismissal of the case signed by

the plaintiff, or

(2) Make no appearance at the hearing. In that case the

plaintiff may be given a default judgment against you.

2. If you wish to oppose the claim:

(1) You must appear on the date and at the time set for

hearing.

(2) You should bring with you all books, papers,

witnesses, and evidence you have to establish

your defense.

(3) At your request the clerk will issue a subpoena for

any witness you may need (you must order the subpoena as

soon as possible and before the hearing date).

3. If you have a claim against the plaintiff, it is a

counterclaim. If you desire to file a counterclaim,

then:

(1) You must file your counterclaim with the court within

ten days after you receive this summons.

(2) To do this you must personally appear before the clerk

of the court.

(3) The clerk will assist you in preparing the

counterclaim.

4. If you are a member of the armed services of the United

States, please advise the court immediately upon receipt of

this summons.

5. Rules of evidence do not apply and you may defend this

action with or without the assistance of an attorney.

6. A pamphlet explaining the small claims court is

enclosed.

4. Copies of all forms and procedures applicable to small claims shall be
available to any person from the clerk of the small claims court without
charge. (L. 1976 H.B. 1317 & 1098 § 4 subsec. 8, A.L. 1978 H.B. 1634,
A.L. 1982 S.B. 497, A.L. 1985 S.B. 5, et al.)

1. A person filing an action in small claims court shall pay
court costs and a deposit as security for costs in amounts determined
pursuant to sections 488.010 to 488.020*, RSMo.

2. A person filing an action in small claims court shall pay the cost of
service and other process in advance.

3. The court may in its discretion award the fees and assess the costs
provided in this section.

4. All court costs shall be disbursed in accordance with sections 488.010
to 488.020*, RSMo. (L. 1976 H.B. 1317 & 1098 § 4 subsec. 9, A.L. 1985
S.B. 5, et al., A.L. 1996 S.B. 869)

Effective 7-1-97

*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.

Personal service is not required for the service of any summons
issuing out of a small claims court, unless specifically requested by the
plaintiff. The service may be made by mailing a copy of the summons and
the complaint to the defendant at his last known address by certified
mail, return receipt requested, delivery restricted to the addressee. The
envelope and the return receipt shall be stamped with the docket number
of the case. The receipt for certified mail shall state the name and
address of the addressee and the date of mailing and shall be attached to
the original summons. The return receipt, when signed by the addressee
and when returned to the clerk, shall be attached to the original
summons, and, if it shows delivery at least ten days before the day for
appearance, shall constitute proof of service. The clerk shall note the
fact of service in a permanent record. (L. 1976 H.B. 1317 & 1098 § 4
subsec. 10, A.L. 1985 S.B. 5, et al.)

1. The defendant in a small claims action shall appear at the
time and place specified in the summons and the case shall be tried on
the day set for appearance unless continued by the court upon request of
either party. No party shall be entitled to a continuance, except on a
showing of good cause and at the discretion of the small claims court
judge. If the defendant appears, he need not file an answer, and, when no
answer is filed the allegations of the complaint shall be considered
denied and any defense may be proved as if it were specifically pleaded.

2. If, upon the date set for the hearing of a small claims action, the
defendant, having been duly served, fails to appear at the time and place
specified in the summons or specified by the court in response to a
request for a continuance, the court, after presentation of evidence by
the plaintiff to establish a prima facie case, may enter judgment for the
amount claimed. If the plaintiff does not appear, or if neither the
plaintiff nor defendant appears, the court may enter an order dismissing
the action. Any action so dismissed may not be brought in small claims
court again, but may be brought in an appropriate division of the circuit
court using regular proceedings. (L. 1976 H.B. 1317 & 1098 § 4 subsec.
11, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)

If the court finds that the small claims proceedings are being
used by a plaintiff or defendant for the purpose of oppression or
harassment, it may issue an order denying the plaintiff or defendant use
of small claims proceedings for up to one year. (L. 1976 H.B. 1317 & 1098
§ 4 subsec. 12)

1. No judgment of a small claims court shall be a lien on real
estate.

2. Any party aggrieved by any final judgment rendered by a small claims
court in a small claims proceeding, except a judgment by consent, may
have a trial de novo. The right to trial de novo shall be perfected by
filing an application for trial de novo with the clerk of the small
claims court within ten days after the judgment is rendered. A copy of
same shall be mailed by the clerk to the opposing party or his attorney
of record or served upon him as provided by law for the service of
notices within fifteen days after the judgment was rendered, but no
application for a trial de novo shall stay execution unless and until the
applicant, or some person for him, together with one or more solvent
sureties to be approved by the small claims court judge, within the time
prescribed for filing the application for trial de novo, enter into a
recognizance before the small claims court judge, to the adverse party,
in a sum sufficient to secure the payment of such judgment and costs,
conditioned that the applicant will prosecute his application for trial
de novo with due diligence to a decision, and that if on such trial de
novo judgment is given against him, he will pay such judgment, and that,
if his application for trial de novo is dismissed, he will pay the
judgment rendered by the small claims court judge, together with the
costs. The trial de novo shall be governed by the practice in trials
before circuit judges, except that by agreement of the parties the case
may be tried by a jury of not less than six persons. On an application
for a trial de novo from a judgment of a small claims court, if the
defendant is the applicant, the plaintiff shall not be required to give
security for costs. Costs shall be assessed as in other cases heard in
circuit court. Notwithstanding any other provisions of law to the
contrary, if the defendant applies for a trial de novo pursuant to this
section, the plaintiff shall be allowed to amend the petition to state a
claim which is within the jurisdictional limit of the circuit court.

3. The division or deputy clerks serving a small claims court judge shall
assist judgment creditors in actions authorized in sections 482.300 to
482.365 in the preparation of forms, available from the clerk, necessary
to obtain satisfaction of a final judgment where no application for trial
de novo is pending. (L. 1976 H.B. 1317 & 1098 § 4 subsec. 13, A.L. 1978
H.B. 1634, A.L. 1985 S.B. 5, et al., A.L. 1993 S.B. 88)

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