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Small Claims Court in Jackson County

In Jackson County, MO small claims cases are typically filed in the Circuit Court. Jackson County has 2 Circuit Courthouses that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Jackson Court System.

Small Claims Court

At Jackson County, Missouri Small Claims Court handles disputes of $5,000 or less. While filing a small claims action might seem straightforward, it can be quite complex. The information below is important for the success of your claim.

The office clerks are available to receive your claim or counterclaim to the Court. The Court operates from 8:00 am to 5:00 pm. You can check the status of your case anytime on Missouri Case.net at https://www.courts.mo.gov/casenet/, where you can also track your case and receive updates.

Cases Handled

The Small Claims Court handles a wide range of cases, such as:

  • Disputes between tenants and landlords
  • Personal injury claims
  • Cases involving stolen property
  • Claims for damaged property
  • Debt collection issues
  • Auto repair problems
  • Poor construction work
  • Defective products
  • Breaches of contract or verbal agreements

Filing a Claim

The Plaintiff and the Defendant

  1. Representation and Forms: In Small Claims Court, plaintiffs represent themselves unless they choose to hire an attorney. The plaintiff must complete all forms and present their own evidence in court. The Court provides all necessary forms, which should be filled out by the plaintiff in black ink or typed, and must be legible.

  2. Proper Identification: As the plaintiff, you must correctly identify yourself on the petition in the upper left-hand corner and again when signing the complaint. If there is more than one plaintiff, both must sign the petition.

  3. Naming the Defendant: It is crucial for the plaintiff to properly name the defendant. If the defendant is improperly named, the judge may dismiss the case.

  4. Types of Plaintiffs and Defendants: Generally, there are three types of plaintiffs and defendants. Here are examples of how each should be listed on a small claims petition:

    • Individual: Listed as “John Doe.”
    • Unincorporated Business or Partnership: Listed as “John Doe and James Roe d/b/a Roe’s Tractor.”
    • Corporation:Listed as: Roe’s Tractor, Inc. (Serve) John Doe, Registered Agent (or) James Roe, President

  5. To determine if a business is incorporated, contact the Missouri Secretary of State. You can find information at www.sos.mo.gov or by calling (816) 889-2925.

    • If you call:
      • Ask if the business is incorporated.
      • If it is, ask for the name and address of the registered agent. The Secretary of State provides this information over the phone for free, and it is also available for free at www.sos.mo.gov.
    • If the business is not incorporated but is a partnership: You must find out who the partners are and sue and serve each partner individually.
    • Additional information about ownership may be available through the Occupational License department in the city where the business is located:
      • Kansas City: (816) 513-1135
      • Independence: (816) 325-7079
      • Lee’s Summit: (816) 969-1220
      • Blue Springs: (816) 228-0131

The Complaint

  1. Writing Your Claim:
    • When writing your claim against the defendant, be brief and to the point. Use exact dates and locations. Stay focused on the subject.
  2. Signing the Petition:
    • Be sure to sign the petition at the bottom. If you are acting as an agent for a business or corporation, sign your name, your capacity with the business, and the business’s legal name.

Filing the Petition

  1. Venue (Where to File): a. You can file your small claims case:

    • In the county where the defendant resides
    • In the county where the transaction occurred
    • In the county where the plaintiff resides and the defendant can be served

  2. In Jackson County, venue is divided into Western and Eastern portions:

    • If your venue is on the Western side (Kansas City, Grandview, etc.), file your claim at the Kansas City courthouse at 415 E. 12th Street.
    • If your venue is on the Eastern side (Blue Springs, Independence, Lee’s Summit, etc.), file your claim at the Independence courthouse at 308 W. Kansas

Fees and Costs

  • Filing Fee: $27.50 + service fee
  • Service Fees:
    • Certified Mail: $10.00 (per defendant)
    • Personal Service (deputy): $36.00 (per defendant)
  • Out-of-County Service:
    • Contact the sheriff of the county where the defendant will be served to inquire about fees.
  • Private Process Server:
    • There is no fee to hire a private process server.
    • You must file a Motion and Affidavit for Private Process Server and obtain a judge's signed order.
    • After service is completed by a private process server, you must file a service return with the court.
  • Garnishment Fees: $10.00 + service fee
  • Trial De Novo Fees: $82.00 + bond if applicable

Payment

  • Personal Checks:
    • The Court accepts personal checks numbered over 500.
  • Checks and Money Orders:
    • Make all checks and money orders payable to the Department of Civil Records.
  • Cash Transactions:
    • Use exact change for all cash transactions, as the Department of Civil Records has limited access to funds for change.

Service and Court Procedures

  1. Personal Service:
    • Personal service is recommended to avoid delays, though it’s not guaranteed by the Court.
  2. Defendant Notification:
    • The defendant must receive a summons and petition or appear in court for your case to proceed. Check Case.net a week before your court date to confirm service. For personal service by a Jackson County deputy, call (816) 881-3644.
    • If service was not completed, you may need to request an “alias summons” with a new address and pay an additional service fee.
  3. Receipt of Filing:
    • After filing, you will receive a receipt by mail with your court date, time, and division.
  4. Questions:
    • For questions about your claim or fees, contact the Small Claims Clerk:
      • Kansas City: (816) 881-3983
      • Independence: (816) 881-4493
    • Note: Clerks cannot provide legal advice.
  5. Mailing the Petition:
    • It’s best not to mail your petition. If you do, include a stamped, self-addressed envelope for the Court to return a copy with your case details.

The Court Hearing

Before Court:

  1. Mark your court date on your calendar. Missing it could lead to dismissal of your case, and you cannot refile in Small Claims Court.
  2. Write down the details of your claim to help you during the hearing.

During Court:

  1. Arrive at least 15 minutes early. Late arrivals may result in dismissal.
  2. Dress appropriately and observe courtroom decorum.
  3. Be courteous to the judge and the defendant.
  4. Have all evidence (photos, documents, estimates, witnesses) ready. Print any cell phone photos beforehand.
  5. Once the judge makes a decision, they cannot assist further. Direct any questions to the Small Claims Clerk.

After Court:

  1. The losing party has 10 days to request a trial de novo (appeal). This may require posting a bond to delay garnishment or execution. If granted, the case will be assigned to a different judge.

Collecting Your Judgment

General Considerations:

  1. Collection Methods:
    • After obtaining a judgment, you can use legal procedures to collect from the debtor (the person who owes you money). Garnishment is a common method in small claims cases.
  2. Locating Assets:
    • First, find the debtor’s cash assets within Missouri, such as a paycheck or bank account. A Missouri judgment does not automatically transfer to another state. If the debtor’s assets are outside Missouri, collecting the money can be challenging.
  3. Garnishing Bank Accounts:
    • Be aware that if the debtor’s bank account has a joint holder, like a spouse, you may face difficulties garnishing it unless you also have a judgment against the joint holder.
  4. Statutory Exemptions:
    • The debtor may have statutory exemptions that could limit your ability to collect money.
  5. Finding Debtor’s Assets:
    • Look for clues such as:
      • Checks the defendant has written or received, which might indicate their bank.
      • Your bank records if you’ve written checks to the defendant.
      • Information from businesses or people who might know the debtor.
      • Court records that might reveal asset locations.

Executing a Judgment

Once you’ve located assets of the judgment debtor in Missouri, follow these steps to collect the money owed:

  1. Request for Execution:
    • Complete a Request for Execution or Garnishment (Form 1695) and Interrogatories to Garnishee (Form 1665). These forms are available at www.16thcircuit.org.
  2. Garnishee:
    • The garnishee is the person or company who owes money to the debtor, often the debtor’s employer or bank.
  3. Execution Duration:
    • An execution lasts for a specific time. An employer or bank will withhold money for at least 30 days, as specified in the Request for Execution.
  4. Return Date:
    • For bank accounts, the garnishment should have a return date within 30 days. For wages, the garnishment should last at least 180 days.
  5. Continuous Garnishment:
    • When garnishing wages, you can request a continuous garnishment. To maintain it, you must file a Statement of Judgment Balance as required by law, or the garnishment may be dismissed. The form is available on the Court’s website.

Return Date and Interrogatories

a. Return Date:

  • The return date is the last day the garnishee can withhold money from the debtor. For example, if your execution is returnable in 60 days, the 60th day from the issuance of the garnishment is the return date.

b. Checking the Return Date:

  • About a week after requesting a garnishment, check Missouri CaseNet (https://www.courts.mo.gov/casenet) to find the return date. This shows how long the garnishment will be active.

c. Interrogatories:

  • Before the Court issues a garnishment, you must complete part of the “Interrogatories” for the garnishee. These questions determine how much money has been withheld. The garnishee must return one copy to you and one to the Court within:
    • Standard Garnishment: 10 days
    • Continuous Garnishment: 20 days

d. Follow-Up:

  • If you do not receive the completed interrogatories on time, contact the garnishee to check for issues.

e. Non-Compliance:

  • If the garnishee refuses to comply, you may need to hire an attorney.

f. Receiving Payment:

  • Once the garnishee sends the money to the Court, expect a check from the Court Administrator’s Office approximately two weeks later.

Satisfying the Judgment

Once you have collected the full amount awarded by the Court through garnishment or other means, file a “Satisfaction of Judgment'' form with the Court. This form is available at www.16th circuit.org.

Let Squabble Help You With Your Small Claim at Jackson County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Jackson County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouse Locations:

  1. Jackson County Small Claims Ct

    415 E 12th St UNIT 300
    Kansas City, MO 64106
    (816) 881-3983
    https://www.16thcircuit.org/small-claims

    BUILDING HOURS

    • Monday - Friday 8:00 a.m. to 5:00 p.m., except court holidays.

  2. Jackson County Small Claims Court - Independence

    308 W Kansas Ave, 1st Floor
    Independence, MO 64050
    (816) 881-4537
    https://www.jacksongov.org/Government/Courts/County-Municipal-Court

    BUILDING HOURS

    • Monday - Friday 8:00 a.m. to 5:00 p.m., except court holidays.
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