Missouri Sample Letter for Claim to Funds
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FAQ
A) The Small Claims Division filing fee is $20.50. B) The cost of serving the summons (the official notice to appear in court) to the party you sue is $36.00 for each defendantif service is by the St.
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.
The best, and often only, way of collecting a small claims court judgment is by GARNISHMENT. After you obtain a judgment against the defendant, you should wait 10 days before you come back to court to begin garnishment procedures. The Small Claims clerk provides forms.
Claims for personal injury or damage to your property and claims for money damages for breach of contract must be filed within five years. Claims to recover money for breach of a written promise to pay must be filed within ten years from the date of the breach of the written promise.
Any person or business with a civil claim that DOES NOT EXCEED $5,000.00 may bring a suit in small claims court. The $5,000.00 limit does not include court costs and interest on the $5,000.00 which the judge may award you.
Small claims rules and procedures are simpler than other courts. The hearing is informal. There is no jury. Parties represent themselves without lawyers.
A Missouri lawsuit starts by filing a petition. A petition states the facts of a dispute, which are typically briefly described in chronological order in numbered paragraphs. The petition must state enough facts to show that the plaintiff has a viable cause of action against the defendant.
