What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in Missouri. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $3,000.
Where Suit May Be Brought: Case may be brought where the defendant resides, where breach or injury occurred or where plaintiff resides and defendant is found. A corporation is deemed to reside where it has office or agent.
Proper Manner of Service of Process upon Defendant: Service may be made by certified mail with return receipt, if impossible sheriff will serve.
How the Hearing Date Is Selected: The hearing date is set by the court.
Attorney Representation Rule: Attorneys are allowed.
Special Provisions Regarding Transfer or Jurisdiction of Cases: If defendant files compulsory counterclaim for more than $3,000, the case shall be tried under regular civil procedure of Court, unless both sides agree not to transfer case.
Availability of Appeals: Either litigant may appeal for a new trial to regular Circuit Court judge within 10 days.
Special Rules and Notes: No discovery is allowed. Jury trials are not available. Right to sue may not be transferred. Limit of 6 claims a year per plaintiff. Defendant may file counterclaim against plaintiff any time up to 10 days after service of process and before the hearing date.
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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