Small claims court in Mississippi (2026)
In Mississippi you can sue for up to $3,500 in small claims. Court: Justice Court. Lawyers: allowed. Appeal: either side, 30 days. For a broken written agreement you generally have 3 years to sue. Last checked .
Mississippi small claims at a glance
- Most you can sue for
- $3,500
- Court
- Justice Court
- Filing fee
- Set by each court
- Lawyers
- Allowed
- Appeal
- Either side, 30 days
Can you sue in Mississippi small claims?
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Mississippi small claims limit
$3,500
Enter the amount to compare it with the limit.
The rule: Debts, damages or personal property where the principal, the amount demanded or the property's value is $3,500 or less. Bills to raise the limit to $5,000 (SB 2696 and HB 876, 2026 session) died in committee, so $3,500 still applies.
Deadline to sue (general rule)
3 years for this kind of claim in Mississippi. Enter the date it happened to see the last day.
Written contracts, property damage, personal injury and other claims with no specific period: 3 years from accrual (latent injuries accrue on discovery). Unwritten contracts and open accounts: 3 years under §15-1-29, but claims on unwritten employment contracts (e.g., an at-will employee's promised bonus or vacation pay) have 1 year.
Lawyers: Lawyers may represent either side.
Appeal: Direct appeals from justice court are tried de novo. The notice of appeal and payment of costs must be filed together with the circuit court clerk within 30 days of entry of the judgment. Appealing does not stop collection unless the appellant posts a bond of 125% of the money judgment.
Filing fee: By statute the justice court charges a uniform civil fee of $25 per case, plus $5 to serve each extra defendant and $15 for post-judgment execution or garnishment proceedings; county and state add-on charges and service costs mean the total paid differs by county, so check with the justice court clerk.
The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.
Where to file and how much
- Court. Mississippi has no separate small claims court; the county Justice Courts hear small civil claims of $3,500 or less (82 justice courts statewide). The Rules of Justice Court do not set venue; ask the justice court clerk in the county where you plan to file.
- Limit. Debts, damages or personal property where the principal, the amount demanded or the property's value is $3,500 or less. Bills to raise the limit to $5,000 (SB 2696 and HB 876, 2026 session) died in committee, so $3,500 still applies.
- Filing fee. By statute the justice court charges a uniform civil fee of $25 per case, plus $5 to serve each extra defendant and $15 for post-judgment execution or garnishment proceedings; county and state add-on charges and service costs mean the total paid differs by county, so check with the justice court clerk.
Who can sue and who can speak in court
- Parties may appear on their own or through an attorney. The Rules of Justice Court do not say whether a corporation may appear through a non-lawyer; on an appeal to circuit or county court a corporate plaintiff must have a Mississippi-licensed attorney. No rule barring assignees was found. A guardian ad litem may be appointed for minors.
- Before you file. The Rules of Justice Court only require the complaint to state the basis of the claim and make a specific demand for damages; they do not require a demand on the defendant before filing.
- Jury and moving the case. A jury of six may be demanded in a justice court civil action under Miss. Code §11-9-143; the rules set out the procedure.
How long you have to sue in Mississippi
The general statute of limitations, counted from the day the agreement was broken or the damage happened. Written contracts, property damage, personal injury and other claims with no specific period: 3 years from accrual (latent injuries accrue on discovery). Unwritten contracts and open accounts: 3 years under §15-1-29, but claims on unwritten employment contracts (e.g., an at-will employee's promised bonus or vacation pay) have 1 year.
| Kind of claim | Time to sue |
|---|---|
| Written contract | 3 years |
| Oral (spoken) agreement | 3 years |
| Damage to property | 3 years |
| Personal injury | 3 years |
Law: Miss. Code §15-1-49 (current text shown in 2025 SB 2318 as introduced); Miss. Code §15-1-29 as applied in Estate of Holmes, No. 2014-CA-00819-COA, and Community Care Center of Aberdeen v. Barrentine, No. 2014-IA-00436-SCT
After the hearing: appeals and collecting
- Who can appeal
- Either side can appeal.
- Kind of appeal
- A new trial in a higher court
- Deadline
- Direct appeals from justice court are tried de novo. The notice of appeal and payment of costs must be filed together with the circuit court clerk within 30 days of entry of the judgment. Appealing does not stop collection unless the appellant posts a bond of 125% of the money judgment.
- Collecting the money
- Judgments are enforced under the Mississippi Code procedures (execution, attachment and garnishment, for which the clerk charges $15), and the creditor may examine the debtor and the debtor's records under Miss. Code §§13-1-261 to 13-1-271. How long a judgment lasts was not confirmed from an official source.
Good to know in Mississippi
- The official Mississippi Code is published through a commercial host; statute text here comes from bills on the Legislature's site that quote current law.
- Business representation in justice court itself is not settled by the rules; corporations should check with the clerk (a lawyer is required on appeal).
- Judgment life (often cited as 7 years) was not verified from an official source.
Official help and forms
- Mississippi courts: small claims self-help
- Write a demand letter before you file (free, stays in your browser)
Sources
- Mississippi Judiciary, Justice Court (read October 18, 2026)
- Mississippi Rules of Justice Court (read October 18, 2026)
- Uniform Civil Rules of Circuit and County Court Practice (read October 18, 2026)
- 2026 HB 876 as introduced (quotes current §§9-11-9 and 25-7-25) (read October 18, 2026)
- 2026 HB 876 history (died in committee) (read October 18, 2026)
- 2026 SB 2696 history (died in committee) (read October 18, 2026)
- 2025 SB 2318 as introduced (quotes current §15-1-49) (read October 18, 2026)
- Community Care Center of Aberdeen v. Barrentine (Miss. Sup. Ct.), on §15-1-29 (read October 18, 2026)
Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.
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