A small claims court judgment does not count as a lien on real estate. If someone loses a small claims case and wants a new full trial, they have 10 days after the judgment to file a request with the clerk. To stop the other side from collecting money while waiting for the new trial, the person asking for the new trial must promise — along with a financially stable co-signer — to pay the judgment if they lose again. The clerk's office helps people who won a small claims judgment fill out the paperwork needed to collect their money.
482.365. Small not on — , how — duty of — required, when — procedure. — 1. No judgment of a shall be a lien on real estate.
2. Any by any rendered by a small claims court in a small , except a , may have a trial de novo. The right to trial de novo shall be perfected by an for trial de novo with the clerk of the small claims court within ten days after the judgment is rendered. A copy of same shall be mailed by the clerk to the opposing or his or upon him as provided by law for the of notices within fifteen days after the judgment was rendered, but no application for a trial de novo shall unless and until the , or some person for him, together with one or more to be approved by the small claims court judge, within the time prescribed for filing the application for trial de novo, enter into a recognizance before the small claims court judge, to the , in a sum sufficient to secure the payment of such judgment and , that the applicant his application for trial de novo with to a decision, and that if on such trial de novo judgment is given against him, he will pay such judgment, and that, if his application for trial de novo is dismissed, he will pay the judgment rendered by the small claims court judge, together with the costs. The trial de novo shall be governed by the practice in trials before judges, except that by agreement of the parties the case may be tried by a jury of not less than six persons. On an application for a trial de novo from a judgment of a small claims court, if the is the applicant, the shall not be required to give for costs. Costs shall be assessed as in other cases heard in . any other of law to the contrary, if the defendant applies for a trial de novo this section, the plaintiff shall be allowed to amend the to state a claim which is within the of the circuit court.
3. The or clerks serving a small claims court judge shall assist judgment in actions in sections 482.300 to 482.365 in the preparation of forms, available from the clerk, necessary to obtain of a final judgment where no application for trial de novo is pending.
Tap any gold-underlined word to see what it means.
Red section numbers link to that law.
Source & history notes
(L. 1976 H.B. 1317 & 1098 § 4 subsec. 13, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al., A.L. 1993 S.B. 88) (2013) Filing an application for trial de novo in small claims court constitutes the practice of law, requiring an attorney. Palmore v. City of Pacific, 393 S.W.3d 657 (Mo.App.S.D.).
Related Missouri laws
Barring person from small claims court, grounds, length of bar
RSMo 482.360
Appearance for trial
RSMo 482.355
Personal service not required
RSMo 482.350
Court costs
RSMo 482.345
Form of petition and summons
RSMo 482.340
Duties of clerk of small claims courts
RSMo 482.335
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.