Small Claims Court in Jefferson County

Small Claims Court in Jefferson County, MO In Jefferson County, MO small claims cases are filed in the District Court. Jefferson County has one District Court that handles 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 Jefferson Court System.

Small Claims Court

The Small Claims Division in Jefferson County is designed to help individuals resolve disputes involving claims of $5,000 or less, whether or not they have a lawyer. Court clerks are available to assist you with the forms and documents necessary for your claim or counterclaim, but you’ll be responsible for deciding who to sue and where to serve the defendant(s).

When you file your case, you’ll need to complete a Small Claims petition, a cover sheet, and a confidential information sheet. Typically, Small Claims cases must be filed in person at the Small Claims office unless you’re filing from out of state.

Types of Cases Handled

The Small Claims Division deals with a wide range of disputes where individuals, partnerships, corporations, or sole proprietors seek monetary compensation for various issues, including:

• Tenant-landlord disputes
• Personal injury claims
• Theft or damage to property
• Debt collection
• Disagreements over auto repairs
• Construction problems
• Defective products
• Breaches of contracts or verbal agreements

Who Can File a Claim

• Individuals: You can file a claim if you are personally owed money, but you cannot file on behalf of someone else, like a family member or friend.
• Corporations or Associations: An officer or authorized employee of a corporation or unincorporated association can file on behalf of the entity if it is owed money.
• Minors: If you're under 18, you can still file a claim, but you’ll need an adult (18 or older) to represent you in court.
• Claim Limits: You can file up to 12 claims in a calendar year, but you cannot file claims for more than $5,000 in total in any one case. Claims for more than $5,000 must be pursued through a different court.
• Assignees: If someone has purchased a claim, they cannot file in Small Claims Court.
• Note: The Small Claims Division is only for recovering actual money that’s owed. Claims for pain and suffering, defamation, or discrimination, for example, are not handled here.

Representing Yourself

If you choose to represent yourself in court, you are considered a "pro se" litigant, which means you’ll be acting as your own attorney. As a pro se filer, you are responsible for:

• Deciding who to sue and ensuring you have the correct defendant(s)
• Finding the right address to serve the defendant
• Completing your petition using proper language
• Tracking whether the defendant has been served properly

While Small Claims clerks can help with procedural questions, they cannot offer legal advice.

Small Claims Limitations

• Monetary Claims Only: The Small Claims Division can only issue judgments up to $5,000. This limit includes interest and court costs, but nothing beyond this amount can be awarded.
• Claims Exceeding $5,000: If your claim is for more than $5,000, you can still file in Small Claims Court, but you’ll be limited to recovering only up to $5,000.
• Limitations on Relief: The Small Claims Division cannot enforce the return of property, evict tenants, or collect unpaid rent. You and the defendant will need to make your own arrangements to collect any judgment awarded.
• Statute of Limitations: You must file your claim within a specific time frame, which varies by type of claim:
  • Personal injury or property damage: 5 years
  • Written contract breaches: 10 years
  • Other claims may have different deadlines, so it’s best to file as soon as possible.

Mediation

Before going to court, it's a good idea to try to resolve the issue directly with the person or business involved. You can reach out in person, by phone, or in writing. If you send a letter, keep a copy and any proof of receipt. You can also consider using mediation services like the Better Business

Bureau or local consumer protection agencies. Think about whether you can effectively represent yourself in court, and whether the defendant might have a counterclaim. If you’re unsure, you can always hire an attorney.

Filing Your Claim

When you're ready to file your claim, be sure to:

• Choose the Right Venue: File your case in the county where:
  • At least one defendant lives
  • The events took place
  • A business is located or where its registered agent is based
• Use the Correct Legal Names: Be sure to use the full legal name of the person or business you’re suing. If it’s a business, check the Secretary of State’s office for the correct name and registered agent.
• Get the Correct Address: Make sure you have an accurate address for the defendant, as incorrect addresses can cause delays and additional costs.
• Know Your Claim Amount: Make sure the amount you're claiming reflects the full amount of your loss, including any related costs. Have receipts or other supporting documents on hand.

Fees

There are fees associated with filing a Small Claims petition:

• Filing Fee: $35.50 to file the petition
• Service of Summons: $36.00 to serve the summons via the Jefferson County Sheriff; or $10.00 for certified mail

Make sure to pay the appropriate fees to avoid delays in your case. If you're serving the defendant outside Jefferson County, check with the local sheriff's office for fees.

Serving the Defendant

You have several options for serving the defendant:

• Certified Mail: The defendant can receive the summons by signing a certified mail receipt. If they refuse to accept it, you can have the Sheriff deliver it in person.
• Personal Service by Sheriff: If you know where the defendant is, the Sheriff can serve them in person.
• Special Process Server: You can also hire a private process server if needed.

If the Defendant Cannot Be Served

If the defendant can’t be served with the initial summons, you can request an “alias summons,” which will attempt to serve the defendant again. However, there will be an additional fee for this service, and if you don’t appear in court after requesting an alias summons, your case could be dismissed.

Court Day

When your case is called, be prepared to present your case clearly and professionally. Bring all your evidence, such as receipts, contracts, or photographs, and organize them in the order you plan to present them.

The judge will listen to both sides and make a decision, which could be announced right away or mailed to you later. If you disagree with the judge's decision, you can file an appeal within 10 calendar days.

After the Judgment

If you win your case, you can begin collecting the judgment after waiting 10 days. You are responsible for collecting the money, and the court does not assist in this process. You may consider options like direct payment or garnishment if the defendant doesn't pay voluntarily.

Collecting a Judgment

If you win, and the defendant doesn't pay, you can take steps to collect the judgment through:

• Direct Payment: Try to negotiate a payment plan with the defendant.
• Garnishment: You can request a garnishment to collect wages or bank funds if direct payment isn't an option.

Remember, you are responsible for the collection process.

Final Thoughts

While Small Claims Court is meant to be a simple option for resolving disputes, it’s important to be prepared. Make sure you understand the rules, follow the procedures carefully, and seek assistance when needed.

Courthouses Location:

Jefferson County Courthouse

300 Main Street\ Hillsboro, MO 63050
(636) 797-5555
https://www.jeffcomo.org/

BUILDING HOURS

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

CITIES SERVES

• Arnold
• Byrnes Mill
• Crystal City
• De Soto
• Festus
• Herculaneum
• Hillsboro
• Kimmswick
• Olympian Village
• Pevely

Let Squabble Help You With Your Small Claim at Jefferson 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 Jefferson 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.