Mississippi Small Claims Forms

Mississippi Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Mississippi Small Claims Forms

  • Is it worth taking someone to small claims court?

    Considering whether to take someone to small claims court involves evaluating the potential benefits versus your time and financial investment. If the amount you're seeking justifies the effort, it may be beneficial. Using Mississippi Small Claims Forms can make the process more straightforward and empower you to pursue your claims confidently.

  • How do I file a small claims case against someone out of state?

    To file a small claims case against someone out of state, start by determining the proper jurisdiction. You must file in the state where the incident occurred or where the defendant resides. Utilizing Mississippi Small Claims Forms can help ensure you're following the correct procedures and meet all necessary legal requirements.

  • Is taking someone to small claims court worth it?

    Determining the worth of taking someone to small claims court depends on your situation. If the amount in dispute is significant enough to cover your filing costs and time, it may be worthwhile. Using Mississippi Small Claims Forms can streamline the process and enhance your chances of a successful outcome.

  • What can you not sue for in small claims court?

    Many claims are not allowed in small claims court, including disputes over contracts exceeding the dollar limit, personal injury claims, or large property damage cases. Furthermore, you cannot sue for punitive damages. By understanding these limitations, you can better utilize Mississippi Small Claims Forms for applicable claims.

  • Can I file a small claims suit against someone in another state?

    Filing a small claims suit against someone in another state is possible, but specific rules apply. The court generally must have jurisdiction over the defendant. Using the right Mississippi Small Claims Forms can simplify the filing process and guide you through the necessary steps.

  • Can you sue someone for something that happened in another state?

    You can sue someone for events occurring in another state, but jurisdiction is vital. The case usually needs to be filed in the state where the incident took place or where the defendant lives. Understanding these legal boundaries can be tricky; however, using Mississippi Small Claims Forms might help clarify your options.

  • Can I sue a state I don't live in?

    Suing a state in which you do not reside can be complex. Generally, states have sovereign immunity, which protects them from many lawsuits. However, certain exceptions exist where you can pursue legal action, often requiring specific forms. To navigate this, consider using Mississippi Small Claims Forms for your related claims.

  • How do I take someone to small claims court in Mississippi?

    To take someone to small claims court in Mississippi, start by gathering all relevant documents and evidence related to your case. You will need to complete Mississippi Small Claims Forms, which outline your claim and details about the dispute. After filing, you must serve notice to the other party, informing them of the court date. Being organized and prepared will help ensure that your case proceeds smoothly.

  • Is it worth going to small claims court for $500?

    Deciding whether to go to small claims court for $500 depends on your individual circumstances. If you have a genuine claim and the amount is significant to you, pursuing it can be worthwhile. Small claims court is designed to make the process easier and more accessible for individuals like you. Using the proper Mississippi Small Claims Forms will aid you in presenting your case effectively.

  • What is the maximum amount you can sue for in civil court in Mississippi?

    In civil court, the maximum amount you can sue for in Mississippi typically exceeds $3,500, depending on the type of claim you are making. It’s essential to determine the appropriate venue and understand the requirements for filing. By using the right Mississippi Small Claims Forms or civil court documents, you can lay the groundwork for a successful claim. For comprehensive assistance, consider uslegalforms as a resource to ensure you meet all legal requirements.