Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
1–3 weeks before filing
Missouri doesn't require a demand letter before you sue, but asking for payment first is a good idea.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Missouri you can sue for up to $5,000 in the Small Claims Division of the Circuit Court (Associate Circuit).
Run the 60-second case check to see the last day you can file.
Sue a corporation by its exact registered name and serve its registered agent. For a partnership, name and serve each partner.
1–2 evenings
Petition Small Claims: Petition – Small Claims Court. Get the form.
Sign the petition; the clerk will tell you if your court needs it notarized or signed in front of the clerk.
Bring the original and one copy for each defendant, plus one for yourself.
Filing day
Choose how you'll file:
File in the county where the defendant lives, where the deal or problem happened, where you live if the defendant can be found there, or where a business defendant has an office or registered agent.
Fees are set by each county. Many charge about $20 to $30 to file, plus service: about $7 to $13 for certified mail or $30 to $50 for the sheriff. A few counties list higher totals, up to about $100. Can't afford it? Ask for a fee waiver: Affidavit showing you can't afford the fee (in forma pauperis).
You get a receipt with the court date, time and division. The clerk sends the summons by certified mail or to the sheriff. Track your case on Case.net.
Right after filing
The clerk sends the summons by certified mail, which the defendant must sign for, or the sheriff serves it in person. You can use a private process server only with the judge's approval. You can't serve the papers yourself.
The defendant must get the papers at least 10 days before the court date.
The certified mail receipt or the sheriff's return is filed with the court. If you used an approved private process server, they must file a return of service.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
1–4 weeks before
The defendant doesn't have to file a written answer and can simply come to court. A counterclaim must be filed at least 10 days before the court date.
You can settle any time. File a dismissal form (Dismissal – Small Claims Court) once you're paid, or a Satisfaction of Judgment if you already won.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the clerk for a subpoena; someone over 18 must serve it in person, and there may be a small fee.
Hearing day
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't come, the judge can enter a default judgment. If you don't come, your case can be dismissed.
Weeks to months
Either side can ask for a new trial (trial de novo) in circuit court by filing an application within 10 days after the judgment and paying a fee, often about $45 to $82. The case is heard again from scratch, and a jury is possible. A bond is needed only to stop collection.
The court doesn't collect for you. If no appeal is filed within 10 days, you can ask for wage or bank garnishment with a Request for Execution. A small claims judgment doesn't become a lien on real estate.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.