Effective – 02 Jan 1979 482.300. Judges to maintain separate docket for small claims — court to be known as small claims court — assignment of cases. — 1. Each judge of the circuit court hearing and determining small claims cases shall maintain a separate “small claims” docket and shall set aside and specify such […]
Effective – 28 Aug 2011 482.305. Jurisdiction of small claims court. — When sitting as a small claims court, the judge shall have original jurisdiction of all civil cases, whether tort or contract, where the amount in controversy does not exceed five thousand dollars, exclusive of interest or costs, or as provided in this chapter. […]
Effective – 02 Jan 1979 482.310. Procedure in small claims court. — In all small claims proceedings: (1) Parties may prosecute their claims and defenses without the assistance of an attorney. Corporations or unincorporated associations, including labor unions, may enter their appearance and be represented by an officer or authorized employee. Such representation shall not […]
Effective – 28 Aug 2011 482.315. Procedure if amount of claim exceeds jurisdictional amount — amendment of claim in transferred action not to exceed jurisdictional amount of court to which transferred. — 1. If the amount in controversy in an action exceeds five thousand dollars, a plaintiff may file and prosecute a small claims action […]
Effective – 02 Jan 1979 482.320. Counterclaims, filing, different transaction, same transaction, arising at hearing, duty of judge. — 1. At any time up to ten days after service of process and before the date of the hearing, the defendant may file a counterclaim which does not arise out of the same transaction or occurrence […]
Effective – 01 Jan 1987 482.325. Counterclaims exceeding jurisdictional limit, procedure — consent of all parties required — transfer of counterclaim, when — dismissal, when. — If the amount of the counterclaim exceeds by itself the jurisdictional limit of the small claims court as established in section 482.305: (1) The court shall have jurisdiction to […]
Effective – 28 Aug 2004 482.330. Restrictions on filing of claims — statement required of plaintiff — counterclaim not prohibited — suit may be brought, where. — 1. No claim may be filed or prosecuted in small claims court by a party who: (1) Is an assignee of the claim; or (2) Has filed more […]
Effective – 02 Jan 1979 482.335. Duties of clerk of small claims courts — notices to be posted — plaintiff to advise clerk of time hearing preferred — clerk not practicing law. — 1. Clerks under the supervision of the small claims court judges shall explain to litigants the procedures and functions of the small […]
Effective – 28 Aug 1985 482.340. Form of petition and summons — instructions for defendant — waiver of trial by jury — availability of forms. — 1. An action on a small claim may be commenced by filing with the clerk of the small claims court a form substantially similar to the petition form provided […]
Effective – 01 Jul 1997 482.345. Court costs — procedure for assessment of costs, award of fees and disbursement of fees. — 1. A person filing an action in small claims court shall pay court costs and a deposit as security for costs in amounts determined pursuant to sections 488.010 to 488.020*. 2. A person […]
Effective – 28 Aug 1985 482.350. Personal service not required — exceptions — procedure for service — proof of service, what constitutes — record of service. — Personal service is not required for the service of any summons issuing out of a small claims court, unless specifically requested by the plaintiff. The service may be […]
Effective – 28 Aug 1985 482.355. Appearance for trial — continuance, when granted — failure of defendant to appear, consequences — procedure — dismissal of action, when. — 1. The defendant in a small claims action shall appear at the time and place specified in the summons and the case shall be tried on the […]
Effective – 28 Aug 1976 482.360. Barring person from small claims court, grounds, length of bar. — If the court finds that the small claims proceedings are being used by a plaintiff or defendant for the purpose of oppression or harassment, it may issue an order denying the plaintiff or defendant use of small claims […]
Effective – 28 Aug 1993 482.365. Small claim judgment not lien on real estate — trial de novo, how perfected — duty of clerk — recognizance required, when — procedure. — 1. No judgment of a small claims court shall be a lien on real estate. 2. Any party aggrieved by any final judgment rendered […]
