Mississippi Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Mississippi: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Mississippi
- Small claims limit
- $3,500. Justice court judges hear actions to recover debts, damages or personal property where the principal debt, demand or property value does not exceed $3,500. Miss. Code Ann. § 9-11-9
- Are lawyers allowed?
- Yes. Parties may be represented by an attorney or may represent themselves; pleadings are signed by the party or, if represented, by the attorney of record. Rules of Justice Court 3, 15(a)-(b)
- Appeals
- A party may appeal within 10 days after the judgment by demanding an appeal and posting bond, approved by the justice court clerk, of double the judgment (or property value) plus costs, and at least $100. The appeal goes to the county court where one exists, otherwise to the circuit court. A properly bonded appeal stops collection; a civil defendant who cannot afford bond may appeal on a poverty affidavit, but that does not stop collection. Miss. Code Ann. § 11-51-85
Court: Justice Court (Mississippi has no separate small claims court). Last verified: 2026-10-24.
How to file a small claims case in Mississippi
- Confirm your claim is $3,500 or less; larger claims belong in county or circuit court.
- File proof of your claim, such as an account statement or a written description, with the justice court clerk in the county where the defendant lives or where the claim arose.
- The clerk assigns the case to a justice court judge and issues a summons for the defendant.
- Make sure the summons is served at least 5 days before the court date, or the case moves to the next term.
- Attend the hearing with your documents and witnesses.
- A party who loses may appeal within 10 days by posting bond, to county court or, where there is none, circuit court.
Can you use small claims court?
| Small claims limit | $3,500. Justice court judges hear actions to recover debts, damages or personal property where the principal debt, demand or property value does not exceed $3,500. Official code not freely readable online; text verified on a public code mirror (code current as of January 1, 2025). Bills to raise the limit failed in 2023 through 2026. Source: Miss. Code Ann. § 9-11-9 |
|---|---|
| Are lawyers allowed? | Yes. Parties may be represented by an attorney or may represent themselves; pleadings are signed by the party or, if represented, by the attorney of record. |
Filing your case
| Where to file | In the justice court of the county where the defendant lives or where the cause of action arose. A defendant who lives outside Mississippi or has no fixed residence is sued where the claim arose. When two or more defendants are jointly liable, the suit may be filed in the county where any of them lives or where the claim arose. Official code not freely readable online; text verified on a public code mirror (code current as of January 1, 2025). § 11-9-103: https://codes.findlaw.com/ms/title-11-civil-practice-and-procedure/ms-code-sect-11-9-103.html |
|---|---|
| Official forms | Small claims in Mississippi are filed in Justice Court. The Mississippi Judiciary's sample Justice Court civil forms (updated 7/2/2024) include a Civil Complaint for recovery of up to $3,500 plus court costs, along with forms for default judgments, garnishment, execution, dismissal and other steps. Copies of any account or written instrument the claim is based on should be attached. |
| Filing online | Justice court rules allow pleadings and motions to be filed and stored electronically under rules and policies set by the Mississippi Supreme Court and the Administrative Office of Courts. Check with the county justice court clerk whether electronic filing is offered. Source: Rules of Justice Court 15(d) |
| Serving the defendant | The plaintiff files proof of the claim (such as an account statement or a written description of the claim) with the justice court clerk, who assigns the case to a judge and issues a summons. The summons generally must be served at least 5 days before the court term to which it is returnable; if served later, the defendant appears at the following term. Official code not freely readable online; text verified on a public code mirror (code current as of January 1, 2025). Source: Miss. Code Ann. § 11-9-105 |
Before and at the hearing
| When the hearing happens | The summons is returnable to the next term of the assigned justice court, provided it is served at least 5 days before that date. Official code not freely readable online; text verified on a public code mirror (code current as of January 1, 2025). Source: Miss. Code Ann. § 11-9-105 |
|---|---|
| Does the defendant file an answer? | If a defendant who was properly notified of the trial date does not appear and the plaintiff does, the judge may enter a default judgment, as long as there is a factual basis for the claim and the judgment does not exceed what the complaint demanded. A party may ask the court to set aside a default judgment for good cause. Ask the justice court clerk whether a written response is expected before the trial date. Source: Rules of Justice Court 23 |
| Counterclaims | Counterclaims and setoffs are liberally allowed. Not raising a counterclaim does not bar a later lawsuit on it. A counterclaim that exceeds the justice court's limit is dismissed without prejudice, so it can be refiled in a higher court. Source: Rules of Justice Court 16 |
| Jury trial | Yes. Either party may demand a jury on or before the return day of the summons. Civil juries have six members (the judge may add an alternate), each side has two peremptory challenges, and a verdict of five or more jurors decides the case. The losing party pays the court costs of the jury trial. § 11-9-143: Official code not freely readable online; text verified on a public code mirror (code current as of January 1, 2025). https://codes.findlaw.com/ms/title-11-civil-practice-and-procedure/ms-code-sect-11-9-143.html |
| Interpreters | Yes. On a party's request or on its own, the judge decides whether a foreign language interpreter is needed for a party or witness, and appoints one under Supreme Court and AOC rules. Interpreters for deaf or hearing-impaired people are appointed under Miss. Code §§ 13-1-301 through 13-1-315. Source: Rules of Justice Court 8 |
After the decision
| Appeals | A party may appeal within 10 days after the judgment by demanding an appeal and posting bond, approved by the justice court clerk, of double the judgment (or property value) plus costs, and at least $100. The appeal goes to the county court where one exists, otherwise to the circuit court. A properly bonded appeal stops collection; a civil defendant who cannot afford bond may appeal on a poverty affidavit, but that does not stop collection. Official code not freely readable online; text verified on a public code mirror (code current as of January 1, 2025). Source: Miss. Code Ann. § 11-51-85 |
|---|---|
| Collecting your judgment | Unless the law allows otherwise, no collection action can begin until 10 days after the judgment is entered. Judgments are enforced using the procedures in the Mississippi Code, and the winning party may examine the judgment debtor and the debtor's books, papers and documents under Miss. Code §§ 13-1-261 through 13-1-271. Source: Rules of Justice Court 24, 25 |
Deadline to sue
3 years for both written and oral leases. Unwritten contracts are expressly 3 years. Written contracts fall under the general 3-year catch-all for actions with no other limit. Miss. Code Ann. § 15-1-49(1); § 15-1-29
Suing a landlord or tenant in Mississippi
Landlords and tenants can bring rent, damage or deposit claims of $3,500 or less in justice court.
- Mississippi security deposit demand letter (send before you sue)
- Mississippi security deposit law
- Tenant lawyers and free legal aid in Mississippi
Mississippi small claims FAQ
What is the small claims limit in Mississippi?
$3,500. Justice court judges hear actions to recover debts, damages or personal property where the principal debt, demand or property value does not exceed $3,500.
Can you bring a lawyer to small claims court in Mississippi?
Yes. Parties may be represented by an attorney or may represent themselves; pleadings are signed by the party or, if represented, by the attorney of record.
Where do I file a small claims case in Mississippi?
In the justice court of the county where the defendant lives or where the cause of action arose. A defendant who lives outside Mississippi or has no fixed residence is sued where the claim arose. When two or more defendants are jointly liable, the suit may be filed in the county where any of them lives or where the claim arose.
How do I serve the other side in a Mississippi small claims case?
The plaintiff files proof of the claim (such as an account statement or a written description of the claim) with the justice court clerk, who assigns the case to a judge and issues a summons. The summons generally must be served at least 5 days before the court term to which it is returnable; if served later, the defendant appears at the following term.
How long does a small claims case take in Mississippi?
The summons is returnable to the next term of the assigned justice court, provided it is served at least 5 days before that date.
Does a defendant have to file an answer in Mississippi small claims court?
If a defendant who was properly notified of the trial date does not appear and the plaintiff does, the judge may enter a default judgment, as long as there is a factual basis for the claim and the judgment does not exceed what the complaint demanded. A party may ask the court to set aside a default judgment for good cause.
Can the defendant file a counterclaim in Mississippi small claims court?
Counterclaims and setoffs are liberally allowed. Not raising a counterclaim does not bar a later lawsuit on it. A counterclaim that exceeds the justice court's limit is dismissed without prejudice, so it can be refiled in a higher court.
Is there a jury in Mississippi small claims court?
Yes. Either party may demand a jury on or before the return day of the summons. Civil juries have six members (the judge may add an alternate), each side has two peremptory challenges, and a verdict of five or more jurors decides the case. The losing party pays the court costs of the jury trial.
Can you appeal a small claims decision in Mississippi?
A party may appeal within 10 days after the judgment by demanding an appeal and posting bond, approved by the justice court clerk, of double the judgment (or property value) plus costs, and at least $100. The appeal goes to the county court where one exists, otherwise to the circuit court. A properly bonded appeal stops collection; a civil defendant who cannot afford bond may appeal on a poverty affidavit, but that does not stop collection.
How do I collect a small claims judgment in Mississippi?
Unless the law allows otherwise, no collection action can begin until 10 days after the judgment is entered. Judgments are enforced using the procedures in the Mississippi Code, and the winning party may examine the judgment debtor and the debtor's books, papers and documents under Miss. Code §§ 13-1-261 through 13-1-271.
Can I file a small claims case online in Mississippi?
Justice court rules allow pleadings and motions to be filed and stored electronically under rules and policies set by the Mississippi Supreme Court and the Administrative Office of Courts.
Can I get an interpreter in Mississippi small claims court?
Yes. On a party's request or on its own, the judge decides whether a foreign language interpreter is needed for a party or witness, and appoints one under Supreme Court and AOC rules. Interpreters for deaf or hearing-impaired people are appointed under Miss. Code §§ 13-1-301 through 13-1-315.
Where can I get small claims court forms in Mississippi?
Small claims in Mississippi are filed in Justice Court. The Mississippi Judiciary's sample Justice Court civil forms (updated 7/2/2024) include a Civil Complaint for recovery of up to $3,500 plus court costs, along with forms for default judgments, garnishment, execution, dismissal and other steps. Copies of any account or written instrument the claim is based on should be attached.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.