This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Missouri Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment
State:
Multi-State
Control #:
US-01678BG
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Word;
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How to fill out Complaint In Small Claims Court For Failure Or Refusal To Return Money Deposited For Apartment?
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FAQ
Small claims rules and procedures are simpler than other courts. The hearing is informal. There is no jury. Parties represent themselves without lawyers.
If the landlord has wrongfully withheld all or part of a deposit, the tenant may sue to recover up to twice the amount wrongfully withheld. One way to avoid problems with repairs is to have a written agreement, preferably in your lease.
Missouri small claims court allows businesses or people to file lawsuits of up to $5,000 without hiring an Attorney. Before you file suit in small claims court, make sure there is no other way of settling your dispute.
There are several ways to collect your judgment. You may be able to get the losing party to pay you voluntarily either all at one time or in installments. If he/she will not pay you voluntarily, you may start collection proceedings on forms provided by the Clerk of the Small Claims Court.
To file a Garnishment or a Writ of Execution through electronic case filing, (ecf), the Notice of Execution can be filed either as a "Notice of Execution of Garnishment"(under "Notices") or "Application For Writ of Garnishment" (under "Other Documents").
Satisfaction of Judgment: Once a defendant has paid-off a judgment, this form is used by the person receiving the money or property to let the court know that the judgment has been paid. Do not use this form to satisfy a judgment that contains an ongoing obligation, i.e. child support or maintenance.
How Small Claims Lawsuits are Filed. The plaintiff (the one who files the lawsuit) usually submits the legal documents in the associate circuit court where the person or business you are suing is located or where the product or service was bought. The filing fee is $35.50.
Can I appeal a Missouri Circuit Court small claims case? Yes. Missouri law allows either party to file an appeal within ten days of the issuance of the decision. This should be the date on the decision itself, not the date it's received.
A default judgment becomes final after thirty (30) days. case for a status hearing and then a trial approximately 90 (ninety) days later. After a judgment becomes final, a garnishment can be sent to the Sheriff.
You can only file a claim in small claims court against someone who owes you money; you may not file a claim against a person who owes someone else money.