Small claims court in Missouri (2026)
In Missouri you can sue for up to $5,000 in small claims. Court: Small claims court (associate circuit division of the Circuit Court). Lawyers: allowed. Appeal: either side, 10 days. For a broken written agreement you generally have 10 years to sue. Last checked .
Missouri small claims at a glance
- Most you can sue for
- $5,000
- Court
- Small claims court (associate circuit division of the Circuit Court)
- Filing fee
- Set by each court
- Lawyers
- Allowed
- Appeal
- Either side, 10 days
Can you sue in Missouri small claims?
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Missouri small claims limit
$5,000
Enter the amount to compare it with the limit.
The rule: Civil tort or contract claims for money up to $5,000, not counting interest and costs. A plaintiff with a bigger claim may still file but gives up everything over $5,000. Money only (no return of property). No party may file more than 12 other small claims in Missouri in the same calendar year.
Deadline to sue (general rule)
10 years for this kind of claim in Missouri. Enter the date it happened to see the last day.
Written promises to pay money: 10 years. Other contracts (express or implied, including oral): 5 years. Injury to goods or to the person not arising on contract: 5 years.
Lawyers: Lawyers may represent either side.
Collectors: a company that bought or was assigned the debt can't use small claims court in Missouri.
Appeal: Any party aggrieved by a final small claims judgment (except a consent judgment) may get a trial de novo by filing an Application for Trial de Novo with the small claims clerk within 10 days after the judgment is rendered ($45 clerk fee). It does not stop collection unless the applicant posts a recognizance (bond) within the same time. The revisor's note to RSMo 482.365 cites Palmore v. City of Pacific (Mo. App. 2013): filing an application for trial de novo is the practice of law, requiring an attorney, so a business that appeared through a non-lawyer may need a lawyer to file it.
Filing fee: Statewide small claims costs are $20.50 (clerk fee, court automation fee and surcharge), paid in advance with service costs (e.g. certified mail). Some local surcharges apply (for example a $45 courthouse restoration surcharge in St. Louis city), so totals vary by county. Fee waiver available.
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. Associate circuit judges keep a separate small claims docket and sit as 'small claims court'. A claim may be filed in a county where at least one defendant lives, where a plaintiff lives and a defendant can be found, or where the events happened.
- Limit. Civil tort or contract claims for money up to $5,000, not counting interest and costs. A plaintiff with a bigger claim may still file but gives up everything over $5,000. Money only (no return of property). No party may file more than 12 other small claims in Missouri in the same calendar year.
- Filing fee. Statewide small claims costs are $20.50 (clerk fee, court automation fee and surcharge), paid in advance with service costs (e.g. certified mail). Some local surcharges apply (for example a $45 courthouse restoration surcharge in St. Louis city), so totals vary by county. Fee waiver available.
Who can sue and who can speak in court
- Parties may handle their own cases without a lawyer, or bring one. Corporations and unincorporated associations may appear through an officer or authorized employee. An assignee of the claim may not file, and the plaintiff must sign a statement saying so. A minor sues through a next friend (Form SC 50).
- A collection agency or anyone who was assigned or bought the claim can't file it in small claims.
- Before you file. The small claims statutes do not require a demand before filing.
- Jury and moving the case. Small claims trials are to the judge without a jury, and the plaintiff's petition waives a jury. On a trial de novo the case may be tried to a jury of at least six only if the parties agree.
How long you have to sue in Missouri
The general statute of limitations, counted from the day the agreement was broken or the damage happened. Written promises to pay money: 10 years. Other contracts (express or implied, including oral): 5 years. Injury to goods or to the person not arising on contract: 5 years.
| Kind of claim | Time to sue |
|---|---|
| Written contract | 10 years |
| Oral (spoken) agreement | 5 years |
| Damage to property | 5 years |
| Personal injury | 5 years |
Law: RSMo 516.110(1), 516.120(1), (4)
After the hearing: appeals and collecting
- Who can appeal
- Either side can appeal.
- Kind of appeal
- A new trial in a higher court
- Deadline
- Any party aggrieved by a final small claims judgment (except a consent judgment) may get a trial de novo by filing an Application for Trial de Novo with the small claims clerk within 10 days after the judgment is rendered ($45 clerk fee). It does not stop collection unless the applicant posts a recognizance (bond) within the same time. The revisor's note to RSMo 482.365 cites Palmore v. City of Pacific (Mo. App. 2013): filing an application for trial de novo is the practice of law, requiring an attorney, so a business that appeared through a non-lawyer may need a lawyer to file it.
- Collecting the money
- The winner collects through garnishment of wages or bank accounts and execution. A small claims judgment is not a lien on real estate. Judgments are presumed paid after 10 years unless revived.
Good to know in Missouri
- No discovery is allowed; proceedings are informal.
- A counterclaim not from the same transaction must be filed within 10 days after service; a counterclaim over $5,000 needs all parties' consent or the case is transferred or the counterclaim dismissed.
- If the plaintiff fails to appear and the case is dismissed, it cannot be refiled in small claims.
- A court may bar a party who uses small claims to harass from filing for up to one year.
- Clerks must help litigants fill out forms at no charge.
- The current text of RSMo 482.305 ($5,000) has been in effect since August 28, 2011 (S.B. 59); the revisor page does not say whether that act set the dollar figure.
Official help and forms
- Missouri courts: small claims self-help
- Missouri small claims forms
- Write a demand letter before you file (free, stays in your browser)
Sources
- RSMo 482.300 Small claims docket (read October 18, 2026)
- RSMo 482.305 Jurisdiction of small claims court (read October 18, 2026)
- RSMo 482.310 Procedure; representation; no jury (read October 18, 2026)
- RSMo 482.315 Claims over the limit (read October 18, 2026)
- RSMo 482.330 Restrictions on filing; venue (read October 18, 2026)
- RSMo 482.340 Petition form; jury waiver (read October 18, 2026)
- RSMo 482.345 Court costs (read October 18, 2026)
- RSMo 482.365 Trial de novo (read October 18, 2026)
- RSMo 516.110 Ten-year limitations (read October 18, 2026)
- RSMo 516.120 Five-year limitations (read October 18, 2026)
- RSMo 516.350 Judgments presumed paid after ten years (read October 18, 2026)
- Missouri Courts, Civil Court Costs (effective 08-28-2023) (read October 18, 2026)
- Missouri Courts, Small Claims Forms (read October 18, 2026)
- Missouri Bar Young Lawyers Section, Small Claims Court Handbook (rev. April 2021) (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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