Small Claims Court in St. Louis County

In St. Louis County, MO small claims cases are filed in the District Court. St. Louis County has 2 District Courts 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 St. Louis Court System.

Small Claims Court

At St. Louis, Missouri Small Claims Division was set up to help people deal with cases involving claims of $5,000 or less, whether or not they have an attorney. Court clerks are available to assist with all necessary forms and documents for your claim or counterclaim, but it's up to you to decide 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. Generally, Small Claims cases need to be filed in person at the Small Claims office, unless you're from out of state.

Cases Handled

The Small Claims Division handles cases where individuals, partnerships, corporations, or sole proprietors are seeking monetary compensation for a range of issues. These can include:

• Disputes between tenants and landlords
• Claims for personal injuries
• Theft of property
• Damage to property
• Debt collection
• Disagreements over auto repairs
• Problems with construction quality
• Defective products
• Breaches of contracts or verbal agreements

Who can File

1. Individuals: You can file a claim if you are personally owed money. You cannot file on behalf of someone else, such as a family member or friend.
2. Corporations or Associations: An officer or authorized employee can file a claim on behalf of a corporation or unincorporated association that is owed money.
3. Minors: If you're under 18, you can file a claim if you have a "Next Friend" who is at least 18 and willing to represent you.
4. Claim Limits: An individual can file up to 12 claims in a calendar year.
5. Assignees: A person or company that has purchased the right to a claim (assignee) cannot file a claim in the Small Claims Division.

Remember, the Small Claims Division is only for recovering actual money that is owed. Claims for pain and suffering, defamation, discrimination, and similar issues cannot be addressed here.

What is "Pro Se"?

When you file a claim on your own, you are considered a self-represented litigant, or "pro se," which means you are acting as your own attorney. As a pro se filer, you are responsible for researching and handling various aspects of your case, including:

• Deciding who to name as the defendant(s)
• Finding the correct address for the defendant(s)
• Drafting your petition with the appropriate language
• Tracking whether the defendant(s) have been properly served

Keep in mind that Small Claims clerks are there to assist with procedural questions but cannot offer legal advice.

Small Claims Limitations

The Small Claims Division has specific limitations on the types of cases it can handle. Here’s what you need to know:

• Monetary Claims Only: The Small Claims Division is designed to handle only monetary claims and can issue judgments up to $5,000. This amount may include interest and court costs, but nothing beyond this limit 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 will be limited to recovering only up to $5,000. Any amount exceeding this limit cannot be claimed later, nor can you split your claim into multiple suits to exceed $5,000 in total.
• Limitations on Relief: The Small Claims Division cannot enforce the return of property, evict tenants, or collect unpaid rent. Additionally, the court does not handle the collection of money awarded by the judge. It is up to you and the defendant to arrange payment. For details on collecting a judgment, refer to "Collecting a Small Claims Judgment".

Statute of Limitations:

You must file your claim within a specific time frame known as the statute of limitations. This period begins when the injury or damage occurs or when it should have been discovered. Generally:

• Claims for personal injury or property damage and breaches of contract must be filed within 5 years.
• Claims for breaches of written contracts must be filed within 10 years from the contract date.

Other claims might have different time limits, but it’s best to file your claim as soon as possible after the issue arises to ensure you don’t miss the deadline.

Mediation

1. Attempt Resolution: Before going to court, try to resolve the issue directly with the person or business involved. You can contact them in person, by phone, or through a written request. If you write a letter, keep copies of the letter and any receipts. Consider using mediation services like the Better Business Bureau or consumer protection agencies if applicable.
2. Assess Self-Representation: Evaluate whether you can effectively represent yourself in court. Consider if you can clearly explain your case and whether the defendant might have a counterclaim. If needed, you can hire an attorney.
3. Consider Collection: Think about whether you'll be able to collect the money if you win. Review how to collect a Small Claims judgment to avoid future issues.

If you decide to file a claim, be aware of court costs and fees. Remember, Small Claims Court should be a last resort. Misusing the court for harassment can result in your case being dismissed and possible restrictions on future access to the court.

Before Filing Your Claim

Before Filing a Small Claims Petition: Key Points

1. Determine the Proper Venue: File your claim in the right location:

   • A) The county where at least one defendant lives.
   • B) The county where at least one plaintiff lives and where the defendant can be served.
   • C) The county where the events occurred.
   • D) For businesses, file in the county where the business is located, where the events occurred, or where the business's registered agent is based. For out-of-state corporations, file where the events took place.

2. Know the Correct Legal Name: Use the full legal name of the person or business you are suing:

   • Individuals: Use their full name (e.g., “John Doe”).
   • Businesses: Get the exact name and the registered agent’s name from the Secretary of State’s office.
   • Partnerships: Identify and sue each partner individually.

3. Know the Correct Address: Ensure you have the accurate address for the defendant. Incorrect addresses can lead to delays and additional costs for issuing a new summons. Proper address ensures you file in the correct Small Claims Division, as filing in the wrong county will result in dismissal and additional court costs.

4. If Under 18: Minors need an adult (18 or older) to act as their representative to represent them in court. The clerk will require a form to appoint this person.

5. Determine the Correct Amount of Money: Claim the amount that reflects your loss or expense, including direct and related costs. Provide receipts for all expenses and state your claim clearly and precisely. The Small Claims clerk can help with filling out the necessary forms.

Fees

When filing a Small Claims petition, you need to pay both a filing fee and costs for serving the summons:

• A) Filing Fee: The fee to file a Small Claims petition is $20.50.
• B) Service of Summons: To serve the summons (official notice to appear in court) via the St.Louis County Sheriff, the cost is $36.00 for each defendant.
• C) Service by Certified Mail: Sending the summons by certified mail (restricted delivery) costs $10.00.

Remember:

• No P.O. Box Addresses: A defendant cannot be served at a P.O. Box; a full physical address is required.
• Employment Addresses: Certified mail cannot be used for serving defendants at their place of employment.

Make checks payable to the St. Louis County Circuit Clerk. For service by a Sheriff outside St. Louis County, contact the local Sheriff’s Office to determine the fee and whether it needs to be paid in advance.

Serve the Defendant

To get the defendant into court, you have a few options for serving the summons:

• Certified Mail: The defendant can receive the summons by signing a certified mail receipt. If the defendant refuses to accept the summons, or if someone other than the defendant signs for it, you can request that the clerk arrange for the Sheriff to deliver the summons in person.
• Personal Service by Sheriff: If you know where the defendant can be found, you can ask the clerk to have the Sheriff personally serve the summons.
• Special Process Server: You may also use a special process server appointed by the Circuit Clerk. Under Missouri law (506.140 RSMo.), the court can approve reasonable fees for the special process server if you apply to the court. Be sure to keep the receipt from the special process server.

If you want to include the fees for the special process server or Sheriff in your court costs, file copies of the receipts with a Small Claims clerk before your court date.

If the Summons Cannot Be Served

If the defendant cannot be served with the initial summons, you can request an “alias summons,” which is a new attempt to serve the defendant. Be aware that an additional fee will apply for this service. If you do not appear in court after requesting an alias summons, the court may dismiss your case. A dismissed Small Claims case cannot be refiled in Small Claims Court but may be pursued in another court division.

The Hold/Dismissal Docket

If you are having trouble serving the defendant, you can request to place your case on the Hold Docket (or Dismissal Docket). This allows you more time to figure out how to proceed with serving the defendant. The Small Claims clerk will set a dismissal date about three months ahead. Before this date, you must return to update the clerk on your service efforts. If you miss this deadline without updating the court, your case will be dismissed.

For the Defendant

If you receive a summons to appear in court, carefully read and understand the petition. Failure to appear on the designated court date may result in a default judgment against you, meaning the judge could order you to pay the amount claimed by the plaintiff (the person suing you). The plaintiff can then take legal steps to collect the money. If you disagree with the claim and wish to defend yourself, attend the court session on the date specified in the summons. Bring all relevant documents and any witnesses who support your case. You also have the option to hire an attorney to represent you.

Try to Settle

If you acknowledge that you owe money but not the full amount requested in the petition, you can attempt to settle the claim. Ensure any agreed-upon settlement is put in writing and filed with the court. If you can't reach a settlement, you can present your case in court and require the plaintiff to prove their claim.

If you have a claim against the plaintiff, you can file a counterclaim at the same time you are being sued.

Counterclaims

A counterclaim lets a defendant bring a claim against the plaintiff without paying a filing fee.

1. Counterclaim Based on the Same Transaction: This is when the defendant’s claim arises from the same issue as the plaintiff’s claim. For example, if sued for a security deposit, you can counterclaim for back rent or damages.
   • Under $5,000: File the “Counterclaim Arising Out of the Same Transaction” form at the Small Claims office before your court date.
   • $5,000 to $25,000: Both parties must agree to Small Claims Court. Otherwise, the case may be moved to the Associate Division with a $45 fee, or, for claims over $25,000, to the Presiding Judge with the same fee. More formal rules apply, so consider hiring an attorney.
   • Limiting Claims: If the counterclaim is over $5,000 and not agreed to be heard in Small Claims Court, you can limit it to $5,000 to keep it in Small Claims, forfeiting any amount over $5,000.

Counterclaims Based on Different Transactions

1. Claims Under $5,000:
   • File the counterclaim within 10 days of receiving the summons.
   • Use the “Counterclaim Not Arising from the Same Transaction” form.
   • Submit it to the Small Claims Office at least 10 days before your court date. The clerk will notify the plaintiff.
2. Claims Over $5,000:
   • If your counterclaim exceeds $5,000, the plaintiff must agree to have it heard in Small Claims Court. Otherwise, you'll need to file in a different court division, which may require hiring an attorney.
   • Alternatively, you can limit your counterclaim to $5,000 to keep it in Small Claims Court, but you will lose the right to claim any amount over $5,000.

Settlement

1. Settlement Agreement:
   • Ensure you and the other party agree on the terms before notifying the court.
2. Notifying the Court:
   • If you settle before the hearing, inform the court in writing to cancel the hearing and dismiss the case.
3. Receiving Payment:
   • If the other party pays you before the court date, request the court to cancel the hearing.
   • If payment is not received by the court date, proceed with the hearing.
4. Fees:
   • Filing fees and service costs are not refunded if you dismiss the case.
5. Filing a Dismissal:
   • If you receive payment before the court date, file a dismissal to officially close your claim against the defendant.

Before the Court Day

• Organize Evidence:
  • Gather all relevant paperwork such as estimates, bills, receipts, checks, photos, and contracts.
  • Label all evidence with your name and address, and bring copies for the judge if possible.
• Prepare Witnesses:
  • Ensure any witnesses who support your case are present in court.
  • If a witness refuses to testify, you can subpoena them. The cost for a subpoena is $26.00.
• Practice Your Presentation:
  • Prepare and practice how you will present your case to the judge.
  • Organize your documents in the order you plan to present them.
• Court Visit:
  • Consider attending a Small Claims session beforehand to familiarize yourself with the process.
• Dress Appropriately:
  • Wear suitable attire for your court appearance.

Court Day

• Arrive Early:
  • Get to the courthouse ahead of time and locate the division courtroom listed on your petition.
• Case Call:
  • Listen for your case when the judge reads the list of hearings. If you are absent, your case may be dismissed or decided in your absence.
• Presentation of Your Case:
  • When your case is called, approach the front of the courtroom.
  • The judge will ask the plaintiff to present their side first. Provide all supporting documents and be clear and thorough.
  • Avoid interrupting or arguing. Focus on convincing the judge of your position.
• Defendant’s Presentation:
  • After the plaintiff, the defendant will present their side of the case.
• Decision:
  • The judge will decide the case based on the information presented. The decision may be announced immediately or mailed later. Ensure your address is correct in the court file.
• Post-Decision:
  • Do not argue with the judge. If you win, the judge or clerk will not collect the money for you.
  • If you disagree with the decision, you may file an appeal.

Appeal

1. Filing Deadline:
   • File an appeal (Trial de Novo) within 10 calendar days from the date of the court’s decision, not from when you receive the decision in the mail.
2. New Trial:
   • A Trial de Novo means a completely new trial with formal rules. Neither the judge nor the clerks will assist you in preparing for this trial.
3. Representation:
   • Individuals can represent themselves, but corporations and unincorporated associations must be represented by an attorney.
4. Filing Fee:
   • A $45.00 fee is required to file the appeal. Payable by check to the St. Louis County Circuit Clerk.
5. Bond Requirement:
   • The losing party can avoid immediate collection efforts by posting a bond. The bond amount should cover the judgment plus court costs and can be paid with cash, check, or money order.
6. Collection During Appeal:
   • If the losing party posts a bond, the winning party cannot collect the judgment until the appeal is resolved.

Collecting Judgment

1. Wait Period:
   • After winning a judgment, wait 10 calendar days before starting the collection process. This allows time for the other party to appeal.
2. Collection Methods:
   • Direct Payment: Try to arrange payment directly with the other party. This could be a lump sum or a payment plan that you both agree on. This approach can be straightforward and avoid additional legal steps.
   • Garnishment: If direct payment is not possible or the other party fails to pay as agreed, you may file a request for garnishment to collect the judgment. This legal process involves having a portion of the other party's wages or bank account garnished to satisfy the debt.
3. Responsibility:
   • You are responsible for collecting the judgment. The judge or court clerk will not assist in collecting the money.

Garnishment

A garnishment is a legal process where the court helps collect money from a debtor by directing their wages or bank account funds to be paid to you.

1. General Information:
   • Fee: In St. Louis County, the fee for a garnishment is $46.00. For other counties or states, contact them for their specific fees and requirements.
   • Multiple Garnishments: If one garnishment does not collect the full amount owed, you may file additional garnishments.
2. Garnishment on Wages:
   • Requirements: You need the debtor’s employer's name and address.
   • Duration:** Typically lasts 180 days.
   • Amount: Only a portion of wages can be garnished:
     • 10% if married and head of household.
     • 25% if single or not head of household.

Note: Existing garnishments might affect the amount collected.

3. Garnishment on a Bank Account:
   • Requirements: You need the name and address of the debtor's bank.
   • Duration: Typically lasts 30 days.
   • Process: The bank sends the court the amount in the account up to the judgment amount and related costs.

Note: Ensure correct debtor details to avoid issues with garnishment.

Requesting a Garnishment

1. Form and Information:

   • Complete the Form: Use the “Request for Execution or Garnishment Form” available at the Garnishment Department office.
   • Provide Details: Include information about the defendant’s employer or bank account.

2. Payment:

   • Fee: Attach a check for $46.00 made payable to the St. Louis County Circuit Clerk.

3. Submission:

   • Send to:

   Garnishment Department
   Circuit Court of St. Louis County
   P.O. Box 16994
   Clayton, Missouri 63105

Ensure all information is accurate and the check is correctly addressed to avoid delays.

Satisfaction of Judgment

1. Purpose:
   • A satisfaction of judgment is a document that confirms a judgment has been fully paid.
2. Process:
   • Sign and Send: The winning party must sign the document and submit it to the Small Claims Division once the full amount of the judgment has been collected.

This document officially records that the debt has been settled and prevents further collection efforts.

Judgments and Real Estate Liens

No Liens:

Judgments from the Small Claims Division cannot be turned into liens against real estate. This means that while you may collect a judgment through other means, it will not automatically affect or attach to the defendant's property.

Requesting a Continuance

If you need to postpone your court appearance, you can ask for a continuance. If the judge approves it, you'll get a new court date in the mail, and you won’t need to appear on the original date.

To request a continuance:

• Submit your request in person, by mail, or by fax at least 10 days before your court date.
• Include your case details: names of the plaintiff and defendant, case number, division, your reason for the delay, your signature, your phone number, and any supporting documents.
• Inform the other party about your request.

Keep in mind:

• Continuances are not guaranteed.
• Be prepared to attend court on your original date if your request is not approved.
• Requests made fewer than 10 days before the court date might not be granted.

Make sure to attend your court date as scheduled unless you are officially notified of a new date.

Important Note

When you file a Small Claim as the plaintiff, you must include your address on the petition so that it can be filed with the court. The defendant will also receive this petition with your address on it. If you want to keep your address confidential, you need to file a special motion with the court to request that your information be kept private.

Please be aware that Case.net, managed by the Office of the State Court Administrator and overseen by the Missouri Supreme Court, makes all information available as public record according to Supreme Court Operating Rule 2 and Missouri law. The St. Louis County Circuit Court does not have the authority to remove information from Case.net.

Let Squabble Help You With Your Small Claim at St. Louis 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 St. Louis 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.

Courthouses Location:

1. ST. LOUIS COUNTY

   105 South Central Avenue
   Clayton, Missouri 63105
   (314)615-2601 or (314)615-2592
   https://stlcountycourts.com/courts-departments/

   BUILDING HOURS

   • Monday - Friday 9:00 a.m. to 4:00 p.m., except court holidays.

2. ST. LOUIS CITY

   11th and Market Streets
   St. Louis, Missouri 63101
   (314)622-3700
   https://www.stlcitycircuitcourt.com/index2.html?XMLFile=xml/home.xml

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 5:00 p.m., except court holidays.