Missouri · Contractor dispute

Contractor dispute in Missouri small claims

Contractor didn't finish or won't refund? Sue in small claims.

When a contractor takes a deposit and disappears, leaves a job unfinished, or does work that causes damage, small claims court is often the right venue to recover your money. You do not need a lawyer. Your case rests on your contract or estimate, proof of payment, documentation of what was promised, and evidence of what was actually delivered — or not delivered.

In Missouri, small-claims cases are heard in the Small Claims Court (the small claims division of the Circuit Court) and you can sue for up to $5,000 (exclusive of interest and costs).

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.

Contractor dispute in Missouri: local specifics

Missouri has a significantly longer statute of limitations for written contracts than for oral ones, so the form of your agreement with the contractor matters. File your petition in the small claims division of the Circuit Court.

Contractor dispute: steps that matter

1. Gather your written contract, estimate, or text messages showing what was agreed, and keep all receipts and payment records.
2. Document the incomplete or defective work with photos and, if possible, a written assessment from another contractor.
3. Send a written demand to the contractor stating what you are owed and a deadline to respond, and keep proof you sent it.
4. File in the court for the county where the contractor operated or where the work was done, and bring every document to the hearing.
5. If the contractor holds a license, check your state's licensing board — a complaint there may run parallel to your court case.

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.

Deadline that applies to your contractor dispute

A contractor dispute is typically a contract claim — you hired someone, paid them (or they want payment), and the work was not done or not done properly. The contract statute of limitations is the usual deadline to file, though some claims may also involve property damage. Confirm which category applies to your situation with the court.

Written contract: 10 years (RSMo § 516.110)

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.

All Missouri small-claims deadlines

The table below lists the filing deadlines Small Claims Court (the small claims division of the Circuit Court) applies by claim category. Confirm the exact rule that applies to your contractor dispute claim with your court before relying on any figure.

Missouri small-claims forms for your contractor dispute case

These forms are published by the Small Claims Court (the small claims division of the Circuit Court). CaseBySelf can pre-fill them automatically 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.