A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In Missouri you can sue for up to $5,000 in the Small Claims Division of the Circuit Court (Associate Circuit), without hiring a lawyer. Check your case below, then follow six steps.
Answer a few questions. The result updates as you type.
Missouri doesn't require a demand letter before you sue, but asking for payment first is a good idea. A short, dated demand letter is the best proof. Use the generator below and keep a copy.
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.
Petition – Small Claims Court. The court date is set when you file and printed on your receipt. Check Case.net about a week before to make sure the defendant was served.
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. If you can't afford it, ask for a fee waiver: Affidavit showing you can't afford the fee (in forma pauperis).
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.
Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. 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.
Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.
Open the filing guideFill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.
Miss this date and the court will dismiss your case, however strong it is. The 10-year deadline is for written promises to pay money; most other written contracts have 5 years. Fraud time starts when the fraud is discovered.
| Type of claim | Deadline |
|---|---|
| Broken written contract (lease, invoice, signed agreement) | 10 years |
| Broken verbal agreement | 5 years |
| Damaged property | 5 years |
| Personal injury | 5 years |
| Fraud | 5 years |
| Libel or slander | 2 years |
| Claims against a government agency | Claims against Missouri government bodies are limited, and some cities require written notice of an injury within 90 days. Check before you file. |
Yes, but you don't need one. A business can be represented by an officer or authorized employee. If the case goes to a new trial on appeal, a business must use a lawyer.
You can sue for up to $5,000, not counting interest and court costs. If you sue for more, you give up the rest. Small claims is for money only; it can't order property returned or handle evictions. You can file no more than 12 small claims per calendar year. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.
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.
Ask the circuit clerk ahead of time if you need an interpreter. Court forms come in several languages, but you must fill them out in English.