How to File a Small Claims Lawsuit in Missouri (2026)
Reviewed by DocDraft Legal Team · Missouri · Last updated May 12, 2026
Missouri Associate Circuit Court handles small claims up to $5,000 in the Small Claims Division under RSMo § 482.305. Filing fees range from $35 to $45 depending on county. The statute of limitations is 10 years for written contracts for money and 5 years for oral contracts.
Under Missouri's small claims statute, what is the maximum claim amount?
Under RSMo § 482.305, Missouri small claims is capped at $5,000 exclusive of interest, costs, and attorney fees. Cases are heard in the Small Claims Division of the Associate Circuit Court. Missouri has no standalone small claims court. Claims above $5,000 go on the regular Associate Circuit Court civil docket up to $25,000, or to Circuit Court above that.
What does Missouri's post-judgment collection statute allow?
Under RSMo Chapter 513 and Chapter 525, Missouri permits writs of execution on non-exempt personal and real property and wage garnishment up to 25% of disposable income. Judgments docketed create a 10-year real-property lien under § 511.350. Post-judgment interest under RSMo § 408.040 floats with the Federal Reserve prime rate plus 5%, typically 12 to 13% in 2026.
Are there limits on who can file small claims in Missouri?
Yes. Under RSMo § 482.310, any natural person or entity can file in the Small Claims Division. Corporations can appear through an officer or salaried employee for routine debt collection without an attorney, though attorneys are permitted. Plaintiffs cannot bring more than 12 small claims actions per court per year against a single defendant under § 482.310.
What happens if the defendant does not pay after I win in Missouri?
After the 10-day appeal window under RSMo § 482.365, you can collect using writs of execution under RSMo Chapter 513 and wage garnishment under Chapter 525 (limited to 25% of disposable income). Judgments docketed in circuit court create a 10-year real-property lien under § 511.350. Post-judgment interest under § 408.040 accrues at prime plus 5%.
Missouri small claims at a glance
RSMo § 482.305 sets a $5,000 ceiling on Missouri small claims, with cases heard in the Associate Circuit Court's Small Claims Division. Missouri has no separate small claims court of its own. Missouri's five-year personal-injury statute of limitations under RSMo § 516.120 is the longest in the United States. Only Maine matches the duration; most states cap personal injury at 2 or 3 years. Appeals from small claims are de novo to the regular Associate Circuit Court within 10 days under RSMo § 482.365, meaning the case starts over with a full new trial. Filing fees are notably low at $35 to $45 in most counties, making Missouri one of the most accessible small claims forums. The 10-year written-contract SOL under § 516.110 (for promissory notes) matches Illinois, Indiana, and Iowa as the longest nationally.
Filing cost example: $4,000 unpaid invoice
Suppose a contractor owes you $4,000 on a written services contract. The statute of limitations is 5 years for written contracts (other than promissory notes for payment of money) under RSMo § 516.120, so you must file within 5 years of the missed payment. Filing fee in the Associate Circuit Court Small Claims Division is $35 to $45 depending on county (Cole County $45; Greene County $35.50), plus a $30 to $50 sheriff service fee under RSMo § 482.310. The trial date typically falls 30 to 60 days after filing. After winning, post-judgment interest accrues at prime plus 5% under RSMo § 408.040, roughly 12 to 13% in 2026. If the defendant pays in 30 days, you collect $4,000 plus filing and service. If unpaid for 1 year, you are owed roughly $4,500.
Need These Documents?
DocDraft can help you draft them with AI, with licensed attorney review included. Plans from $39.99/mo.
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
Jackson County Circuit Court (Independence Courthouse)
308 W Kansas Ave, Independence, MO 64050
Jackson County Circuit Court (Kansas City)
415 E 12th St, Kansas City, MO 64106
St. Louis City Circuit Court
10 N Tucker Blvd, St. Louis, MO 63101
St. Louis County Circuit Court (Clayton)
105 S Central Ave, Clayton, MO 63105
Greene County Circuit Court (Springfield)
1010 Boonville Ave, Springfield, MO 65802
Relevant Laws
RSMo § 482.305 (Small Claims Jurisdictional Limit)
Sets the $5,000 jurisdictional limit on Missouri small claims actions, exclusive of interest, costs, and attorney fees.
RSMo § 516.110 and § 516.120 (Statute of Limitations)
Sets the 10-year SOL for written contracts for payment of money and the 5-year SOL for other written contracts, oral contracts, property damage, and personal injury.
RSMo § 408.040 (Post-Judgment Interest)
Sets the post-judgment interest rate at the Federal Reserve prime rate plus 5%, or 9% if no Treasury or contract rate applies.
RSMo § 482.310 to § 482.365 (Small Claims Procedure)
Governs Missouri Small Claims Division procedure including filing, service, hearings, and the de novo appeal to Associate Circuit Court.
Missouri Courts: Self-Help Small Claims
Official Missouri Office of State Courts Administrator portal for Small Claims forms, fee schedules, court directory, and procedural guides.
Regional Variances
Statute of Limitations for Common Claims in Missouri
Written contract (promissory note)
10 years (RSMo § 516.110)
Other written contract
5 years (RSMo § 516.120)
Oral contract
5 years (RSMo § 516.120)
Property damage
5 years (RSMo § 516.120)
Personal injury
5 years (RSMo § 516.120)
Suggested Compliance Checklist
Send a demand letter (recommended)
30 days before filing days after startingSend a written demand by certified mail with return receipt. Missouri does not require a demand letter, but Small Claims Division judges expect to see one. Keep a copy and proof of mailing.
Verify claim is within $5,000 limit
Before filing days after startingConfirm your claim is at or below $5,000 exclusive of interest, costs, and attorney fees under RSMo § 482.305. If above, file on the regular Associate Circuit Court civil docket (up to $25,000).
Confirm SOL on your claim type
Before filing days after startingPromissory notes get 10 years under § 516.110. Other written contracts, oral contracts, property damage, and personal injury all get 5 years under § 516.120.
Gather evidence and witnesses
Before filing days after startingCollect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the judge, the defendant, and yourself.
File Small Claims Complaint via Case.net or in person
Within applicable SOL days after startingFile at the Associate Circuit Court of the county where the defendant lives or where the cause of action arose. Most counties accept Case.net e-filing. Pay the $35 to $45 filing fee.
Serve the defendant
At least 10 days before trial days after startingService under RSMo § 482.310 is by sheriff or certified mail with return receipt. File proof of service with the court before trial.
Attend the trial with all evidence
30 to 60 days after filing days after startingTrials are public and informal under Mo. R. Civ. P. for Small Claims. Bring three copies of every document, all witnesses, and a clear timeline of events.
Collect the judgment
After 10-day appeal window closes (or after de novo trial) days after startingUse writs of execution under RSMo Chapter 513 and garnishment under Chapter 525. Post-judgment interest accrues at prime plus 5% under RSMo § 408.040.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Send a demand letter (recommended) | Send a written demand by certified mail with return receipt. Missouri does not require a demand letter, but Small Claims Division judges expect to see one. Keep a copy and proof of mailing. | demand-letter | 30 days before filing |
| Verify claim is within $5,000 limit | Confirm your claim is at or below $5,000 exclusive of interest, costs, and attorney fees under RSMo § 482.305. If above, file on the regular Associate Circuit Court civil docket (up to $25,000). | - | Before filing |
| Confirm SOL on your claim type | Promissory notes get 10 years under § 516.110. Other written contracts, oral contracts, property damage, and personal injury all get 5 years under § 516.120. | - | Before filing |
| Gather evidence and witnesses | Collect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the judge, the defendant, and yourself. | - | Before filing |
| File Small Claims Complaint via Case.net or in person | File at the Associate Circuit Court of the county where the defendant lives or where the cause of action arose. Most counties accept Case.net e-filing. Pay the $35 to $45 filing fee. | - | Within applicable SOL |
| Serve the defendant | Service under RSMo § 482.310 is by sheriff or certified mail with return receipt. File proof of service with the court before trial. | - | At least 10 days before trial |
| Attend the trial with all evidence | Trials are public and informal under Mo. R. Civ. P. for Small Claims. Bring three copies of every document, all witnesses, and a clear timeline of events. | - | 30 to 60 days after filing |
| Collect the judgment | Use writs of execution under RSMo Chapter 513 and garnishment under Chapter 525. Post-judgment interest accrues at prime plus 5% under RSMo § 408.040. | - | After 10-day appeal window closes (or after de novo trial) |
Frequently Asked Questions
Filing fees in the Associate Circuit Court Small Claims Division are typically $35 to $45 depending on county. Cole County charges $45; Greene County $35.50. Sheriff service adds $30 to $50. Indigent plaintiffs can file a Motion to Proceed in Forma Pauperis to waive filing and service costs. Missouri is among the lowest-fee small claims jurisdictions.
Missouri's 5-year personal-injury statute of limitations under RSMo § 516.120 is the longest in the United States, tied with Maine. The long window reflects Missouri's historical policy favoring full investigation of tort claims before suit. Most other states cap personal injury at 2 or 3 years. The 5-year period also applies to property damage and most other written contracts.
Under RSMo § 482.365, either party can appeal a Missouri Small Claims Division judgment to the regular Associate Circuit Court for trial de novo within 10 days. De novo means the case starts over with a full new trial. The original small claims judgment has no preclusive effect. Both sides may bring attorneys at the de novo trial.
Yes. Missouri permits attorneys in the Small Claims Division for both plaintiffs and defendants. Corporations can appear through an officer or salaried employee for routine debt collection without an attorney under RSMo § 482.310. Most pro se plaintiffs handle small claims without counsel because the procedure under Mo. R. Civ. P. for Small Claims is intentionally informal.
Yes. Corporations, LLCs, partnerships, and other entities can sue or be sued in the Small Claims Division subject to the $5,000 cap. Under RSMo § 482.310, corporations may appear through an officer or salaried employee, or through an attorney. Plaintiffs may not bring more than 12 small claims actions per court per year against a single defendant.
Under RSMo § 482.310, service is by sheriff service or certified mail with return receipt. Sheriff service typically costs $30 to $50. The defendant must be served at least 10 days before the trial date for the case to proceed. If both methods fail, the plaintiff must request an alias summons and re-attempt service.
Yes. Missouri's Case.net e-filing system at casenet.courts.mo.gov accepts electronic filings for Small Claims Division cases in most counties. Coverage is statewide. Plaintiffs can also file in person at the Associate Circuit Court clerk's office. Check your county circuit court's website for current e-filing instructions and payment options.