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Missouri Small Claims Court Handbook

Missouri Small Claims Court Handbook The Missouri Bar Young Lawyers' Section TABLE OF CONTENTS. Page I. INTRODUCTION TO THE Small Claims II. THINGS TO CONSIDER BEFORE BRINGING A A. WHO YOU CAN SUE AND WHAT YOU CAN SUE B. WHEN YOU MUST SUE. C. ATTEMPT TO SETTLE YOUR claim BEFORE YOU III. PROCEDURES FOR BRINGING A A. PREPARING TO BRING YOUR 1. Get Correct Name, Address and Telephone Number of Person or Business to be Sued 2. How to Determine Type of Business for Purpose of Naming Defendant 3. Choose the Right Court ( Venue ). 4. Filing for Minors (Under Age 18).

A. WHO YOU CAN SUE AND WHAT YOU CAN SUE FOR Any person or business with a civil claim that DOES NOT EXCEED $5,000.00 may bring a suit in small

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Transcription of Missouri Small Claims Court Handbook

1 Missouri Small Claims Court Handbook The Missouri Bar Young Lawyers' Section TABLE OF CONTENTS. Page I. INTRODUCTION TO THE Small Claims II. THINGS TO CONSIDER BEFORE BRINGING A A. WHO YOU CAN SUE AND WHAT YOU CAN SUE B. WHEN YOU MUST SUE. C. ATTEMPT TO SETTLE YOUR claim BEFORE YOU III. PROCEDURES FOR BRINGING A A. PREPARING TO BRING YOUR 1. Get Correct Name, Address and Telephone Number of Person or Business to be Sued 2. How to Determine Type of Business for Purpose of Naming Defendant 3. Choose the Right Court ( Venue ). 4. Filing for Minors (Under Age 18).

2 5. State Your claim 6. Pay the Court Costs B. FILING YOUR C. GETTING THE DEFENDANT INTO 1. Serving Notice on the Defendant 2. Alternative Methods of Serving Notice on Defendant 3. Failed Service of Summons 4. Postponement of the Trial D. GUIDANCE FOR THE 1. If You Are Being Sued 2. Counterclaims E. PLAINTIFF AND DEFENDANT: PREPARING FOR THE 1. Before Court : Preparing Yourself 2. During Court : Proving Your claim 3. After Court : Getting Your Money and Appeals IV. COLLECTING ON YOUR 7. A. LOSING PARTY VOLUNTARILY B. 1. Garnishing Wages 2. Garnishing a Bank Account 3.

3 Executing Your Garnishment Action (Wages or Bank Account). C. OTHER COLLECTION D. SATISFACTION OF V. COMMONLY USED TERMS IN THE Small Claims I. INTRODUCTION TO THE Small Claims Court . The Small Claims Court is a division of the circuit Small Claims proceedings are informal in nature. Court presided over by an associate circuit judge. The You must fill out all required forms and present your Small Claims Court is a people's Court and was estab- own evidence in Court . There are no jury trials. While lished to help people handle their Small cases without the Small Claims Court system was designed to settle an attorney.

4 The clerks are there to help prepare the uncomplicated disputes, filing and winning a claim proper papers to file a claim and, if you win, to help as well as collecting your money can be far from collect your money. However, if you feel you cannot uncomplicated. There are specific rules that must be adequately represent yourself and protect your own followed if you are to succeed on your claim . This interests, you may retain an attorney to assist you. For Handbook is designed to introduce you to many of those who are unable to pay for legal assistance and those rules and to assist you in pursuing your claim are eligible for legal aid, the legal services project in in Small Claims Court .

5 Your area may be able to help. II. THINGS TO CONSIDER BEFORE BRINGING A claim . A. WHO YOU CAN SUE AND WHAT YOU B. WHEN YOU MUST SUE. CAN SUE FOR Depending on the type of claim you are making, Any person or business with a civil claim that DOES you have a certain amount of time in which to file the NOT EXCEED $5, may bring a suit in Small claim . This time limit is called the statute of limita- Claims Court . The $5, limit does not include tions, and you must file your claim before the time Court costs and interest on the $5, which the period expires. The time period begins to run when judge may award you.

6 You may still file a claim if the the injury or damage occurs or when the injury or amount exceeds $5, However, if you choose damage should have been discovered. to do this, you give up your right to claim any amount The time period allowed varies with different types exceeding $5, both in your present suit and in of Claims . Claims for personal injury or damage to your any other claim involving the same person or business property and Claims for money damages for breach of and the same issues. contract must be filed within five years. Claims to You can only file a claim in Small Claims Court recover money for breach of a written promise to pay against someone who owes you money; you may not must be filed within ten years from the date of the file a claim against a person who owes someone else breach of the written promise.

7 The time periods for money. Furthermore, an assignee of a claim ( , a other types of actions vary, however, you generally person or business that purchases or otherwise has have two years to file a claim . To be safe, you should the right to a claim ) may not file in Small Claims Court . file your claim as soon as possible. You may file no more than twelve Claims in Small Claims Court in any calendar year. THE Court CAN ONLY C. ATTEMPT TO SETTLE YOUR claim . HANDLE Claims FOR MONEY. Therefore, the Court BEFORE YOU SUE. cannot force anyone to return property to you, nor can Pursuing a claim in Court is a serious matter with the Small Claims Court be used by landlords to evict unpredictable results.

8 If you sue you may lose. Be tenants. Furthermore, THE Court IS NOT RESPON- sure you feel you can adequately explain and prove SIBLE FOR COLLECTING THE MONEY THAT THE your claim to a judge. Even if you win, you are re- JUDGE MAY DETERMINE IS OWED TO YOU. sponsible for collecting the money from the defendant. 1. (The defendant is the person or business you name written correspondence to show the judge that you in the claim .) If the defendant refuses to pay you have made reasonable attempts to settle the claim and voluntarily, you must use specific Court procedures in that you are not suing just to harass the defendant.

9 Order to compel your opponent to pay THE Small If your dispute is with a business, there are con- Claims Court DOES NOT PAY YOU MONEY IF sumer protection agencies in some areas that may YOU WIN. Furthermore, the defendant may file a valid assist you in settling your claim before you sue. One claim against you (a counterclaim) and the judge could such agency is the Better Business Bureau in your decide that you owe the defendant money. The courts area which often acts as a mediator to settle Claims should be used as a last step to get what you think you by agreement between both sides in the suit.

10 If this are owed. If the Court , in its discretion, decides that settlement is unsatisfactory, you do not have to accept you are only suing in order to harass the defendant, it. An additional agency you might want to report your case may be dismissed, your Court costs forfeited, your problem to is the Consumer Protection Division and your access to the Small Claims courts barred for of the Missouri Attorney General's Office at 1-800- up to one year. 392-8222. Given the difficulties of going to Court , YOU If you settle your dispute after you have filed your SHOULD FIRST TRY TO SETTLE THE claim .


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