Small claims court has rules about who can file a case there. A person cannot file if they bought the claim from someone else, or if they have already filed more than 12 small claims cases in Missouri that same year. When filing, the person has to sign a paper saying they follow both rules. If someone has a counterclaim — meaning the other side owes them money from the same situation — that can still be filed. The case also has to be filed in the right county, either where one of the parties lives, where the defendant can be found, or where the problem happened.
482.330. on of — statement required of — not prohibited — suit may be brought, where. — 1. No may be filed or in by a who:
(1) Is an of the claim; or
(2) Has filed more than twelve other claims in the Missouri small claims courts during the current . If the court finds that a party has filed more claims than are permitted by this section, the court shall dismiss the claim .
2. At the time of filing an in small claims court, a plaintiff shall a statement that he or she is not the assignee of the claim sued on and that he or she has not filed more than twelve other claims in the Missouri small claims courts during the current calendar year.
3. Nothing in this section shall prohibit the filing or of a counterclaim growing out of the same .
4. No claim may be filed in a small claims court unless:
(1) At least one is a resident of the county in which the court is located or at least one of the is a resident of the county in which the court is located and at least one defendant may be found in said county; or
(2) The facts giving rise to the took place within the county in which the court is located.
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Source & history notes
(L. 1976 H.B. 1317 & 1098 § 4 subsec. 6, A.L. 1985 S.B. 5, et al., A.L. 1988 S.B. 522, A.L. 1993 H.B. 490, A.L. 1996 H.B. 1554, A.L. 2001 S.B. 267, A.L. 2004 S.B. 1211)
Related Missouri laws
Counterclaims exceeding jurisdictional limit, procedure
RSMo 482.325
Duties of clerk of small claims courts
RSMo 482.335
Counterclaims, filing, different transaction, same transaction, arising at hearing, duty of judge
RSMo 482.320
Form of petition and summons
RSMo 482.340
Procedure if amount of claim exceeds jurisdictional amount
RSMo 482.315
Court costs
RSMo 482.345
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.