Missouri · Unpaid invoice

Unpaid invoice in Missouri small claims

Client won't pay your invoice? Collect it in small claims.

If a client or customer has not paid an invoice for work you delivered or goods you sold, small claims court is a low-cost way to collect. You do not need a lawyer. The strength of your case usually comes down to clear proof: the agreement or terms, the invoice, evidence the work or goods were delivered, and a record of your attempts to collect.

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).

Unpaid invoice: steps that matter

  1. Send a final written demand (a clear statement of what is owed and a payment deadline) and keep proof you sent it.
  2. Gather your contract or written terms, the invoice, delivery/completion proof, and any messages showing the other side accepted the work.
  3. Confirm you are within the statute of limitations below before you file.
  4. File in the correct court for where the defendant is or where the work happened, and keep every date and document together.

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 unpaid invoice

An unpaid invoice is usually a contract or account claim. If you had a signed agreement or written terms, the written-contract statute of limitations below typically applies; a purely verbal deal usually falls under the oral-contract period. That statute is the deadline to file, so do not wait too long.

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.

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.