Missouri · Small Claims Court (the small claims division of the Circuit Court)

How to file a small-claims case in Missouri

You can sue for up to $5,000 in Missouri (exclusive of interest and costs). Here is where to file, what the deadlines are, and how to keep your case organized.

Good to know: Missouri does not have a standalone small claims court. "Small claims court" is the designation a circuit court judge takes on when hearing small claims matters; it operates as the small claims division/docket of the circuit court (RSMo 482.300). Note also the $5,000 cap is exclusive of interest and costs. The general personal-injury limitation period is 5 years under 516.120(4); a narrower 2-year period applies to specific intentional torts (assault, battery, libel, slander, false imprisonment) under 516.140.

Filing your petition (statement of claim) in Missouri

1. Complete and file the small claims petition. An action is commenced by filing a petition (on a form substantially similar to the statutory petition form) with the clerk of the small claims court. Per RSMo 482.340: "An action on a small claim may be commenced by filing with the clerk of the small claims court a form substantially similar to the petition form provided in this section."
2. Sign the required plaintiff statement. At filing, the plaintiff must sign a statement that he or she is not the assignee of the claim (RSMo 482.330).
3. Pay the filing fee and cost deposit. Pay court costs and a deposit as security for costs. Per RSMo 482.345: "A person filing an action in small claims court shall pay court costs and a deposit as security for costs in amounts determined pursuant to sections 488.010 to 488.020." Exact amounts are set by those statutes/surcharges and vary by county.
4. Have the defendant served. The clerk issues a summons with the petition attached; the defendant is served, normally by certified mail, return receipt requested, restricted delivery (personal service only if the plaintiff requests it) per RSMo 482.350.
5. Appear for trial on the date set in the summons. The defendant must appear at the time and place specified in the summons, and the case is tried on the day set for appearance unless continued by the court (RSMo 482.355).

Filing fees: Court costs and a cost deposit are set under RSMo 488.010 to 488.020 and vary by county; confirm the amount with the clerk.

Key Missouri deadlines

Answering a lawsuit: No written answer is required. The defendant must appear at the time and place specified in the summons, and the case is tried on the day set for appearance. Service must show delivery at least ten days before the appearance date.

Serving the defendant: Service is normally by certified mail, return receipt requested, restricted delivery to the addressee; personal service is not required unless the plaintiff specifically requests it. The return receipt must show delivery at least ten days before the appearance date to constitute proof of service.

Appeals: A party aggrieved by a final small claims judgment (except a consent judgment) may obtain a trial de novo by filing an application for trial de novo with the clerk within 10 days after the judgment is rendered.

Missouri small-claims forms

Official Missouri forms, free from the court; CaseBySelf can pre-fill them from your case details.

• Petition Small Claims Court: Official Missouri small-claims petition form listed by Missouri Courts.
• Missouri Small Claims Court Handbook: Missouri small-claims handbook explaining cases involving money claims of $5,000 or less.
• Motion and Affidavit in Support of Request to Proceed As a Poor Person: Official Missouri in forma pauperis motion asking the court to waive filing fees and court costs for a party who cannot afford them.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Missouri Revised Statutes (Revisor): RSMo 482.305 (small claims jurisdiction / $5,000 limit). Last reviewed 2026-06-23.