What Small Claims Court Is For
Small claims court in Missouri is designed for everyday people to resolve money disputes without an attorney. It is informal, inexpensive, and fast compared to regular civil court. The judge runs the hearing conversationally — you explain what happened, show your evidence, and the judge decides.
Missouri small claims limit is $5,000. If you are owed more than $5,000, you must file in regular civil court or reduce your claim to $5,000 and waive the rest.
In Missouri small claims court, attorneys are generally not allowed to represent parties at the hearing. RSMo § 482.310. That means if you are suing a business or contractor, their lawyer cannot show up and argue against you. You both represent yourselves. This is intentional — small claims is designed for regular people.
Common Small Claims Cases
Small claims cannot handle: family law matters (divorce, custody, child support), criminal cases, cases involving title to real estate, cases seeking injunctions, or cases over $5,000. For those, see our other Missouri guides.
How to File a Small Claims Case in Missouri
Make Sure You Have a Valid Claim
Before you file, ask yourself: Do I have a legal basis — a contract, an agreement, damage caused by someone else? Can I prove it with documents, photos, or witnesses? Is the amount $5,000 or less? Is the person or business I'm suing located in Missouri or did the dispute happen in Missouri?
Also consider: Send a written demand letter first. Many disputes resolve without court when the other party realizes you're serious. Your kit includes a demand letter template.
Find the Right Court
File in the Associate Circuit Court of the county where the defendant lives or where the dispute occurred. You cannot file in the county most convenient for you — it must be legally proper venue. Filing in the wrong county gets your case dismissed.
Complete the Small Claims Petition
Fill out the Small Claims Petition (sometimes called a Statement of Claim). You'll provide: your name and address, the defendant's full legal name and address, the amount you're claiming, and a plain English description of why you're owed the money. Keep it factual and specific — dates, amounts, what happened.
✓ Suing a Business? Get Their Legal Name Right.If you're suing a business, you must use their exact registered legal name — not just what's on their sign. Look up the business at the Missouri Secretary of State's website (sos.mo.gov) to get the correct legal entity name. Wrong name = case dismissed.
File and Pay the Filing Fee
Take your completed petition to the clerk's office. Pay the filing fee (see fee table below). The clerk will stamp your petition, assign a case number, and schedule a hearing date — typically 4–8 weeks out. You will receive a summons to be served on the defendant.
Serve the Defendant
The defendant must be formally served with the summons and your claim. Missouri allows service by certified mail in small claims cases — the clerk's office handles this in many counties for a small fee. You can also use a private process server for faster, more reliable service with documentation.
Prepare Your Evidence
Organize everything before the hearing. Bring printed copies of: contracts or agreements, receipts, invoices, text messages or emails, photos of damage, estimates for repair, and any witnesses. Bring 3 copies of everything — one for you, one for the judge, one for the defendant.
Attend the Hearing
Arrive early. Dress professionally. When your case is called, present your facts calmly and in order. The judge will ask questions and likely ask the defendant to respond. Most small claims hearings last 10–20 minutes. The judge may rule immediately or mail a decision within a few days.
Collect Your Judgment
Winning a judgment means the court says you're owed the money — it doesn't mean you automatically get paid. If the defendant doesn't pay voluntarily, you can pursue collection through wage garnishment or bank account levy. Missouri allows judgment liens on real property as well. Your kit covers collection options in detail.
Missouri Small Claims Filing Fees
Fees are set by county and based on the amount of your claim. These are approximate — confirm with your county clerk before filing.
| Claim Amount | Approximate Filing Fee |
|---|---|
| Up to $100 | $18 – $25 |
| $100.01 – $500 | $25 – $35 |
| $500.01 – $1,000 | $30 – $40 |
| $1,000.01 – $2,500 | $35 – $45 |
| $2,500.01 – $5,000 | $40 – $55 |
| Service by Certified Mail (clerk) | $5 – $10 per defendant |
| Sheriff Service | $35 – $50 per defendant |
| CPS Private Process Service | Call 314.961.2222 |
* If you win your case, you can ask the judge to include your filing fees and service costs in the judgment amount.
The Forms You Need
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Small Claims Petition (Statement of Claim)
The main filing form. Describes your claim, the defendant, and the amount you're seeking.
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Summons
Issued by the court after you file. Gets served on the defendant. The clerk prepares this.
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Motion for Continuance
If you need to reschedule your hearing date. File as early as possible if needed.
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Application for Wage Garnishment
Used after you win to collect from the defendant's paycheck if they don't pay voluntarily.
Getting the Defendant Properly Served
Even in small claims, the defendant must be officially notified. If they're not properly served, your hearing gets postponed. Missouri allows three methods for small claims service:
In many Missouri counties, the clerk will mail the summons via certified mail for $5–$10. Cheapest option. Downside: if the defendant refuses to sign or isn't home, service fails and you're back to square one — with a delayed hearing date.
The Sheriff personally delivers the summons. More reliable than mail but costs $35–$50 per defendant and can take 2–6 weeks. Provides a return of service for court records.
Fast Service. Court-Ready Documentation.
For small claims cases where you need the defendant served quickly and reliably, Civil Process Service (CPS) is your best option. Same-day service with body cam documentation and a same-day affidavit — so your hearing stays on schedule.
- Same-day service — no waiting weeks for the Sheriff
- Body camera on every serve — court-admissible proof
- Same-day affidavit of service for your court file
- Skip tracing if the defendant's address has changed
- Serving St. Louis City, St. Louis County, and surrounding Missouri counties
Missouri Small Claims Filing by County
Filing fees, local procedures, and clerk contact information vary by county. Your $29.95 kit includes complete details for all 114 Missouri counties plus St. Louis City.
| County | Filing Fee (up to $5K) | Mail Service Available? | Full Details |
|---|---|---|---|
| St. Louis City | ~$46 | Yes — clerk handles | Get Kit |
| St. Louis County | ~$51 | Yes — clerk handles | Get Kit |
| St. Charles County | ~$43 | Yes — clerk handles | Get Kit |
| Jefferson County | ~$40 | Yes — clerk handles | Get Kit |
| Jackson County | ~$52 | Yes — clerk handles | Get Kit |
| Greene County | ~$44 | Yes — clerk handles | Get Kit |
| + 108 More Counties | Varies | Varies | Get Kit |
Everything Organized. One Download. $29.95.
- ✓ Demand letter template — send before you file
- ✓ Step-by-step filing checklist with checkboxes
- ✓ County-specific fees and procedures — all 114 counties
- ✓ Evidence organization checklist
- ✓ Court day preparation guide
- ✓ What to do if you win — judgment collection guide
- ✓ What to do if you lose — appeal rights explained
- ✓ Small claims glossary
All 114 Missouri counties included
Free Legal Help in Missouri
Missouri Courts Self-Help Center
Official small claims forms and guides at courts.mo.gov.
Legal Services of Eastern Missouri
Free legal help for low-income St. Louis area residents.
Missouri Bar Lawyer Referral
Paid consultations with Missouri attorneys if your case gets complicated.