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Missouri Small Claims Court

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Statues: Missouri Annotated Statutes, Title 32, Ch. 482, Sections 300-365; Missouri Rules of Court, Rules of Practice and Procedure in Small Claims Court, Rules 140.01-152.

Dollar Limit:: $3,000. Where To Sue: Where defendant resides, where breach or injury occurred or where plaintiff resides and defendant is found. Corporation resides where it has office or agent.

Service: Certified mail with return receipt, if impossible sheriff will serve.

Hearing Date: Set by court.

Attorneys: Allowed.

Transfer: If defendant files compulsory counterclaim for more than $3,000, case tried under regular civil procedure of Court, unless both sides agree not to transfer case.

Appeals: By either side for new trial; to regular Circuit Court judge within 10 days.

Special Provisions: No discovery. No jury trial. Right to sue may not be transferred. Limit of 6 claims a year per plaintiff. Defendant may file counterclaim against plaintiff any time up to 10 days after service of process and before the hearing date.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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September 5 2008

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