Procedure if amount of claim exceeds jurisdictional amount
If someone is owed more than $5,000 but files in small claims court anyway, that person can only collect up to $5,000. The rest of the money is given up forever. If a case gets moved to a different court, either side can change the dollar amount of their claim, but only up to whatever limit that new court is allowed to handle.
482.315. Procedure if amount of exceeds amount — amendment of claim in transferred not to exceed jurisdictional amount of court to which transferred. — 1. If the in an action exceeds five thousand dollars, a may file and a small action for recovery of money, but such plaintiff any claim for any sum in excess of five thousand dollars in that or in any subsequent involving the same parties and issues.
2. In an action transferred under section 482.325, the plaintiff or may amend the claim or to a dollar amount not to exceed the of the of the to which the action was transferred.
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Source & history notes
(L. 1976 H.B. 1317 & 1098 § 4 subsec. 5 subdiv. (1), A.L. 1978 H.B. 1634, A.L. 1982 S.B. 497, A.L. 1985 S.B. 5, et al., A.L. 1993 H.B. 490, A.L. 1995 H.B. 189, A.L. 2011 S.B. 59)
Related Missouri laws
Procedure in small claims court
RSMo 482.310
Counterclaims, filing, different transaction, same transaction, arising at hearing, duty of judge
RSMo 482.320
Jurisdiction of small claims court
RSMo 482.305
Counterclaims exceeding jurisdictional limit, procedure
RSMo 482.325
Judges to maintain separate docket for small claims
RSMo 482.300
Restrictions on filing of claims
RSMo 482.330
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.