What small claims court is

Small claims court is not a separate building. It is a judge in your county’s circuit court, hearing small cases on a special schedule, sometimes in the evening or on a Saturday.

It handles two kinds of cases. One is broken promises, like an unpaid bill, a deposit that was not returned, or poor work. The other is harm, like minor damage to your property.

If you are owed more than $5,000, your case belongs in regular circuit court. The person who files is called the plaintiff. The person being sued is called the defendant.

Who can file, and where

• You cannot file a claim you bought or were given by someone else. That keeps collection agencies out.
• You cannot file if you have already filed more than 12 small claims in Missouri this calendar year.
• You sign a statement about both of these when you file.
• You file in a county where a person you are suing lives, or where the events happened. You can also file where you live, if the person you are suing can be found there.
• The person you sue can file a claim back against you, if it comes from the same deal or event.

In the St. Louis area, that usually means the circuit court for St. Louis City, St. Louis County or St. Charles County. It depends on where each side lives and where things happened.

How the hearing works

Small claims is built to be simple (RSMo § 482.310):

• You can speak for yourself. You do not need a lawyer.
• A business can send an officer or employee to speak for it.
• The hearing is informal. The usual strict court rules do not apply.
• The judge will ask questions to get to the truth.
• Neither side can demand papers or answers from the other before the hearing.
• There is no jury. The judge decides.

Court clerks must explain how small claims works. They must also help you fill out the forms, for free. When you file, tell the clerk if you prefer a daytime, evening or Saturday hearing.

Getting ready for your hearing

You cannot get papers from the other side before the hearing. So bring everything you have.

1. Write a short summary of your claim. Say how much you want and how you got that number.
2. Put your papers in date order. Bring three copies: one for the judge, one for the other side, one for you.
3. Print photos and text messages. Do not count on showing a phone screen.
4. Ask witnesses to come in person. The judge decides based on what is shown at the hearing.
5. If you are being sued and have a claim of your own from the same deal, think about filing it.

If you lose: a brand-new trial

Either side can ask for a brand-new trial in regular circuit court. The legal term is “trial de novo.” You must file the request with the small claims clerk within 10 days after the judgment (RSMo § 482.365).

Some things to know:

• Filing the request does not stop the other side from collecting. To stop collection, you must also post a bond within the same 10 days.
• The new trial follows regular court rules. If both sides agree, a jury of at least six can hear it.
• If the person being sued asks for the new trial, the person suing can raise the claim above $5,000.

That last point matters. If you are sued and ask for a new trial, you could face a bigger claim.

A small claims judgment does not attach to anyone’s house or land. If you win and no new trial is pending, the clerk must help you with the forms to collect.

When small claims is not the right fit

Small claims works well for a simple dispute with clear papers. It is a poor fit when:

• You are owed more than $5,000.
• The other side has a lawyer and a complicated defense.
• You need the other side’s records to prove your case.
• You need a court order to make someone stop doing something.

Those cases belong in circuit court. See breach of contract, landlord-tenant disputes and court orders to stop harm.

Were you sued by a debt collector in regular court? Different rules apply. See debt collection lawsuits.

Common questions

Related reading

• Breach of contract claims
• Debt collection lawsuits
• Landlord-tenant disputes
• State court vs. federal court