Missouri Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Missouri: 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 Missouri
- Small claims limit
- $5,000, not counting interest and costs, in tort or contract cases. A plaintiff with a larger claim may still file in small claims but gives up any amount over $5,000, now and in any later case on the same issues. RSMo 482.305; RSMo 482.315
- Filing fee
- The plaintiff pays court costs and a deposit to secure costs, set under RSMo 488.010-488.020, plus the cost of service in advance. Small claims forms and clerk assistance are free. RSMo 482.345; RSMo 482.335; RSMo 482.340
- Are lawyers allowed?
- Yes. Parties may bring or defend a claim without a lawyer, and the summons tells the defendant that the case may be defended with or without an attorney. RSMo 482.310; RSMo 482.340
- Appeals
- Any party aggrieved by a final judgment (other than a consent judgment) may apply for a trial de novo (a new trial) in circuit court by filing with the small claims clerk within 10 days after judgment. Filing does not stop collection unless the applicant also posts a recognizance with approved sureties covering the judgment and costs within the same 10 days. RSMo 482.365
Court: Small Claims Court (associate circuit judge of the Circuit Court sitting as small claims court). Last verified: 2026-10-24.
How to file a small claims case in Missouri
- Confirm your claim is $5,000 or less (anything above $5,000 is given up if you file in small claims) and that you are not an assignee or over the 12-claim yearly limit.
- Get the free petition form from the small claims clerk, who can help you fill it out, and file it in the county where the defendant lives or where the events happened.
- Pay the court cost deposit and the cost of service, and tell the clerk whether you prefer a daytime, evening or Saturday hearing.
- The summons is served by restricted certified mail (or personally, if you ask) at least 10 days before the court date.
- If you are the defendant, file any unrelated counterclaim within 10 days of service; related counterclaims can be raised at the hearing.
- Both sides appear on the court date with documents and witnesses; a judge decides the case without a jury.
- Within 10 days after judgment, either side may apply for a new trial in circuit court; otherwise, ask the clerk for help with collection forms.
Can you use small claims court?
| Small claims limit | $5,000, not counting interest and costs, in tort or contract cases. A plaintiff with a larger claim may still file in small claims but gives up any amount over $5,000, now and in any later case on the same issues. § 482.305 effective August 28, 2011. Source: RSMo 482.305; RSMo 482.315 |
|---|---|
| Who can file | Anyone except an assignee of the claim or a party who has already filed more than 12 other small claims in Missouri in the current calendar year; the plaintiff must sign a statement confirming both. Corporations and unincorporated associations (including labor unions) may appear through an officer or authorized employee. Source: RSMo 482.330; RSMo 482.310 |
| Are lawyers allowed? | Yes. Parties may bring or defend a claim without a lawyer, and the summons tells the defendant that the case may be defended with or without an attorney. Source: RSMo 482.310; RSMo 482.340 |
Filing your case
| Where to file | In the county where at least one defendant lives; or where at least one plaintiff lives and at least one defendant can be found; or where the facts giving rise to the claim happened. Source: RSMo 482.330.4 |
|---|---|
| Filing fee | The plaintiff pays court costs and a deposit to secure costs, set under RSMo 488.010-488.020, plus the cost of service in advance. Small claims forms and clerk assistance are free. Ask the clerk for the current deposit amount. |
| Serving the defendant | Personal service is not required unless the plaintiff asks for it. The summons and petition may be mailed by certified mail, return receipt requested, restricted delivery to the addressee. The signed return receipt is proof of service if delivery occurred at least 10 days before the court date. Source: RSMo 482.350 |
Before and at the hearing
| When the hearing happens | The case is tried on the date in the summons unless the judge grants a continuance for good cause. Mailed service must be delivered at least 10 days before that date. When filing, the plaintiff tells the clerk whether a daytime, evening or Saturday hearing is preferred. |
|---|---|
| Does the defendant file an answer? | No answer is required if the defendant appears; the claim is treated as denied and any defense may be raised at the hearing. A properly served defendant who does not appear may have judgment entered against them once the plaintiff presents evidence of the claim. Source: RSMo 482.355 |
| Counterclaims | A counterclaim arising from the same transaction may be raised up to and including the hearing. An unrelated counterclaim must be filed within 10 days after service and before the hearing date. The clerk helps prepare counterclaims. If a case is transferred to another circuit court division, claims and counterclaims may be amended up to that division's limit. |
| Mediation | Before the hearing, the defendant may settle with the plaintiff and file a signed dismissal. Source: RSMo 482.340 |
| Jury trial | No. Small claims trials are before a judge without a jury, and the plaintiff waives a jury by filing. On a trial de novo in circuit court, a jury of at least six may be used by agreement. |
After the decision
| Appeals | Any party aggrieved by a final judgment (other than a consent judgment) may apply for a trial de novo (a new trial) in circuit court by filing with the small claims clerk within 10 days after judgment. Filing does not stop collection unless the applicant also posts a recognizance with approved sureties covering the judgment and costs within the same 10 days. Source: RSMo 482.365 |
|---|---|
| Collecting your judgment | A small claims judgment is not a lien on real estate. When no trial de novo is pending, the clerk must help the winning party prepare the forms needed to collect the judgment. Source: RSMo 482.365 |
Deadline to sue
10 years for an action upon a writing for the payment of money (a written lease's promise to pay rent); 5 years for other contract actions, including oral leases and lease claims not 'for the payment of money' (e.g., some damage/covenant claims). RSMo 516.110(1); RSMo 516.120(1)
Suing a landlord or tenant in Missouri
Landlords and tenants can bring rent, damage or deposit claims of $5,000 or less, filed where the defendant lives or where the events occurred.
- Missouri security deposit demand letter (send before you sue)
- Missouri security deposit law
- Tenant lawyers and free legal aid in Missouri
Missouri small claims FAQ
What is the small claims limit in Missouri?
$5,000, not counting interest and costs, in tort or contract cases. A plaintiff with a larger claim may still file in small claims but gives up any amount over $5,000, now and in any later case on the same issues.
Who can file a small claims case in Missouri?
Anyone except an assignee of the claim or a party who has already filed more than 12 other small claims in Missouri in the current calendar year; the plaintiff must sign a statement confirming both. Corporations and unincorporated associations (including labor unions) may appear through an officer or authorized employee.
Can you bring a lawyer to small claims court in Missouri?
Yes. Parties may bring or defend a claim without a lawyer, and the summons tells the defendant that the case may be defended with or without an attorney.
Where do I file a small claims case in Missouri?
In the county where at least one defendant lives; or where at least one plaintiff lives and at least one defendant can be found; or where the facts giving rise to the claim happened.
How much does it cost to file in small claims court in Missouri?
The plaintiff pays court costs and a deposit to secure costs, set under RSMo 488.010-488.020, plus the cost of service in advance. Small claims forms and clerk assistance are free.
How do I serve the other side in a Missouri small claims case?
Personal service is not required unless the plaintiff asks for it. The summons and petition may be mailed by certified mail, return receipt requested, restricted delivery to the addressee. The signed return receipt is proof of service if delivery occurred at least 10 days before the court date.
How long does a small claims case take in Missouri?
The case is tried on the date in the summons unless the judge grants a continuance for good cause. Mailed service must be delivered at least 10 days before that date. When filing, the plaintiff tells the clerk whether a daytime, evening or Saturday hearing is preferred.
Does a defendant have to file an answer in Missouri small claims court?
No answer is required if the defendant appears; the claim is treated as denied and any defense may be raised at the hearing. A properly served defendant who does not appear may have judgment entered against them once the plaintiff presents evidence of the claim.
Can the defendant file a counterclaim in Missouri small claims court?
A counterclaim arising from the same transaction may be raised up to and including the hearing. An unrelated counterclaim must be filed within 10 days after service and before the hearing date. The clerk helps prepare counterclaims. If a case is transferred to another circuit court division, claims and counterclaims may be amended up to that division's limit.
Is there a jury in Missouri small claims court?
No. Small claims trials are before a judge without a jury, and the plaintiff waives a jury by filing. On a trial de novo in circuit court, a jury of at least six may be used by agreement.
Can you appeal a small claims decision in Missouri?
Any party aggrieved by a final judgment (other than a consent judgment) may apply for a trial de novo (a new trial) in circuit court by filing with the small claims clerk within 10 days after judgment. Filing does not stop collection unless the applicant also posts a recognizance with approved sureties covering the judgment and costs within the same 10 days.
How do I collect a small claims judgment in Missouri?
A small claims judgment is not a lien on real estate. When no trial de novo is pending, the clerk must help the winning party prepare the forms needed to collect the judgment.
Is mediation required in Missouri small claims court?
Before the hearing, the defendant may settle with the plaintiff and file a signed dismissal.
Small claims limits in all 50 states and DC · Small claims court in other states
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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.