How to File a Small Claims Lawsuit in Mississippi (2026)
Reviewed by DocDraft Legal Team · Mississippi · Last updated September 15, 2026
Mississippi Justice Court handles small claims up to $3,500 under Miss. Code § 9-11-9. Filing fees range from $84 to $100 depending on county. The statute of limitations is 3 years for written contracts and 3 years for personal injury.
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How do I file a small claims case in Mississippi?
File a sworn statement of claim with the Justice Court clerk in the county where the defendant resides or where the obligation arose, under Miss. Code § 9-11-9. Pay the $84-$100 filing fee. Arrange constable or sheriff service. The justice court schedules a hearing typically within 30-45 days of filing.
What forms do I need for Mississippi Justice Court small claims?
Mississippi justice courts use a sworn statement of claim or affidavit, available from each county justice court clerk and through the Mississippi Judicial Branch portal at courts.ms.gov. The form identifies parties, the amount (up to $3,500), and a short factual basis. Some counties accept the Form 1 civil complaint published by the Administrative Office of Courts.
How is the defendant served in Mississippi small claims?
Service is by constable or sheriff personal service, or by certified mail with return receipt under Miss. R. Civ. P. 4. Most filers use the constable assigned to the justice court. The defendant must typically be served at least 30 days before the hearing. The court rejects judgment requests where proof of service is missing.
How soon is the Mississippi Justice Court hearing scheduled?
Justice court hearings are typically scheduled 30-45 days after filing, depending on county docket volume. Hinds, DeSoto, and Harrison counties handle higher volumes and may run 45-60 days. Hearings are informal but on the record. The judge usually rules from the bench or issues a written ruling within a few days.
Mississippi small claims at a glance
Mississippi has one of the lowest small claims jurisdictional limits in the United States at $3,500 under Miss. Code § 9-11-9. The justice court is one of three Mississippi trial courts (alongside circuit and county courts) and is presided over by elected justice court judges who do not need to be attorneys. Filing fees of $85 to $100 are unusually high relative to the $3,500 cap, making Mississippi one of the more expensive jurisdictions per dollar claimed. The 3-year general SOL under Miss. Code § 15-1-49 is short by national standards and applies broadly across contract and tort claims. Appeals from justice court go to circuit or county court for trial de novo within 30 days, with the appealing party required to post a cost bond covering judgment and fees.
Filing cost example: $2,800 deposit dispute
Suppose a Jackson tenant is owed $2,800 in security deposit after move-out. The 3-year SOL under Miss. Code § 15-1-49 leaves plenty of time. Filing at Hinds County Justice Court costs about $85. Constable service adds approximately $30. Total startup is around $115, roughly 4% of the claim, which is higher in proportion than most states. The hearing is typically 30-45 days out. If the tenant wins, post-judgment interest accrues at 8% under Miss. Code § 75-17-7. After one year of nonpayment, the unpaid amount grows to roughly $3,024 before adding filing and service costs.
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Relevant Documents
Billing Dispute Letter
A formal letter to the company or service provider detailing the nature of the billing dispute, including specific charges being contested, reasons for the dispute, and requested resolution. This document establishes a paper trail of your dispute attempt.
Promissory Note
This document is your written promise to repay the loan according to specific terms. It's often simpler than the full loan agreement but creates a legally binding obligation to repay the borrowed funds.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Local Courthouses
Hinds County Justice Court (Jackson)
407 E Pascagoula St, Jackson, MS 39201
DeSoto County Justice Court (Hernando)
365 Losher St, Hernando, MS 38632
Harrison County Justice Court (Gulfport)
1801 23rd Ave, Gulfport, MS 39501
Rankin County Justice Court (Brandon)
211 E Government St, Brandon, MS 39042
Madison County Justice Court (Canton)
146 W Center St, Canton, MS 39046
Relevant Laws
Miss. Code § 9-11-9 (Justice Court Jurisdiction)
Sets justice court jurisdiction over civil claims up to $3,500, governs small claims, evictions, and misdemeanors.
Miss. Code § 15-1-49 (General Statute of Limitations)
Sets the general 3-year SOL applicable to most causes of action including property damage and personal injury.
Mississippi Justice Court Rules
Procedural rules governing Mississippi justice court civil cases including small claims, filing, service, and hearings.
Miss. Code § 75-17-7 (Post-Judgment Interest)
Sets the default 8% post-judgment interest rate; the judge may set a lower rate in the judgment.
Miss. Code § 11-35-1 (Garnishment)
Governs wage and bank garnishment procedures for enforcing money judgments against Mississippi debtors.
Regional Variances
Statute of Limitations for Common Claims in Mississippi
Written contract
3 years (Miss. Code § 15-1-49 general residual)
Oral contract
3 years (Miss. Code § 15-1-29)
Property damage
3 years (Miss. Code § 15-1-49)
Personal injury
3 years (Miss. Code § 15-1-49)
Debt collection
3 years (most contracts and open accounts)
Suggested Compliance Checklist
Send demand letter (recommended)
30 days before filing days after startingSend by certified mail with return receipt. Keep proof of delivery for hearing.
Verify claim is within $3,500 Mississippi cap
Before filing days after startingMiss. Code § 9-11-9 caps justice court small claims at $3,500. Reduce or waive the excess, or file in circuit or county court.
Gather evidence and witness contacts
Before filing days after startingPull contracts, invoices, photos, communications. Make three copies of every document for hearing day.
File sworn statement at Justice Court
Within applicable 3-year SOL days after startingFile in the county justice court covering the defendant's residence or where the dispute arose. Pay the $84-$100 filing fee.
Arrange constable or certified-mail service
At least 30 days before hearing days after startingService per Miss. R. Civ. P. 4. Most filers use the constable. File the return of service before the scheduled hearing.
Attend hearing with evidence and copies
30-45 days after filing days after startingBring evidence, witnesses, and three copies of every document. Note the judgment date for the 30-day appeal window.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Send demand letter (recommended) | Send by certified mail with return receipt. Keep proof of delivery for hearing. | demand-letter | 30 days before filing |
| Verify claim is within $3,500 Mississippi cap | Miss. Code § 9-11-9 caps justice court small claims at $3,500. Reduce or waive the excess, or file in circuit or county court. | - | Before filing |
| Gather evidence and witness contacts | Pull contracts, invoices, photos, communications. Make three copies of every document for hearing day. | - | Before filing |
| File sworn statement at Justice Court | File in the county justice court covering the defendant's residence or where the dispute arose. Pay the $84-$100 filing fee. | - | Within applicable 3-year SOL |
| Arrange constable or certified-mail service | Service per Miss. R. Civ. P. 4. Most filers use the constable. File the return of service before the scheduled hearing. | - | At least 30 days before hearing |
| Attend hearing with evidence and copies | Bring evidence, witnesses, and three copies of every document. Note the judgment date for the 30-day appeal window. | - | 30-45 days after filing |
Frequently Asked Questions
Other Mississippi guides
How to Dispute a Bill in Mississippi (2026)
How to Respond to a Lawsuit in Mississippi: Answer a Summons (2026)
How to Break a Lease in Mississippi Legally (2026)
Mississippi Notice to Vacate: 2026 Landlord Rules & 3-Day Statute
How to Hire a New Employee in Mississippi (2026)
How to File for Divorce in Mississippi (2026)
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