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How To File A Small Claims Case In St. Louis Missouri: Step By Step Guide
Introduction
Have you ever been wronged and felt like the legal system was too complex for it to be worth pursuing? Well, you're in luck. In St. Louis Missouri, small claims court is a viable option for resolving disputes without having to hire a lawyer. Small claims cases are simpler than typical lawsuits and offer a much easier way for individuals to pursue justice. In this blog post, we will explore how to go about filing a small claims case in St. Louis, Missouri. From understanding the basics of filing a case all the way through to appearing in court, this step by step guide will help provide clarity throughout this process so that you can successfully get the resolution you seek.
What is a Small Claims Case?
Small claims cases are civil cases involving relatively small amounts of money. In Missouri, the limit is $5,000. You can file a small claim without an attorney, and the procedures are much simpler and faster than in other types of civil cases.
If you have a dispute with someone over money or property worth less than $5,000, you may be able to file a small claim in the St. Louis City Court or one of the county courts that handle small claims.
To start a small claim, you must file a “Petition for Recovery” with the court clerk. The person you are suing is called the “defendant.” The defendant will be served with (given) a copy of the petition and will have an opportunity to respond.
If the defendant does not respond, you may request a default judgment from the court. A default judgment means that you win your case because the defendant did not show up to defend him or herself.
If the defendant responds to your petition, both sides will have an opportunity to present their side of the story at a hearing before a judge or mediator assigned to your case. After hearing both sides, the judge or mediator will decide who wins and how much money (if any) the winning party is entitled to recover from the losing party.
How to File a Small Claims Case in St. Louis Missouri
When you have a dispute with someone over money or property, you can file a claim in small claims court. The court will hear your case and decide who is right. This article will explain how to file a small claims case in St. Louis, Missouri.
The first step is to determine if your case is eligible for small claims court. In Missouri, the limit for small claims court is $5,000. If your dispute is for more than $5,000, you will need to file in circuit court.
Next, you will need to fill out the necessary paperwork. You can get the forms from the clerk of court’s office or online. Once you have filled out the forms, you will need to file them with the clerk of court and pay the filing fee.
After your paperwork has been filed, you will need to serve the other party with a copy of the summons and complaint. The summons is a document that tells the other party when and where they need to appear in court. The complaint is a document that describes your claim against the other party. You can serve the other party by hand-delivering the documents or sending them by certified mail.
Once the other party has been served, they will have an opportunity to respond to your complaint. If they do not respond, you may request a default judgment from the court. A default judgment means that the other party does not show up to court and you win by default.
The Process of a Small Claims Case in St. Louis Missouri
The following is a step-by-step guide on how to file a small claims case in St. Louis, Missouri.
1. Determine if you have a valid claim: In order to file a small claim in Missouri, you must have a dispute with another person or business that meets the requirements for filing a small claim. Typically, this means the amount of money in dispute is $5,000 or less.
2. Draft your complaint: Once you have determined that you have a valid claim, you will need to draft your complaint. Your complaint should include the name and address of the person or business you are suing, as well as a brief description of your dispute.
3. File your complaint: Once your complaint is drafted, take it to the Circuit Court Clerk’s Office in the county where either you or the defendant live. The Clerk’s Office will charge a filing fee, which is typically around $50.
4. Serve the defendant: Once your complaint is filed, you must “serve” the defendant with a copy of the complaint and a summons to appear in court. This can be done by hiring a professional process server, or by asking the sheriff’s office to serve the papers for you. There is usually a fee for this service as well.
5. Appear in court: On the date and time specified on your summons, both you and the defendant must appear in court
Conclusion
We hope this guide has provided you with an understanding of how to file a small claims case in St. Louis, Missouri. Filing a claim can be intimidating and time-consuming but following the steps outlined in this guide will help ensure that your case is filed correctly and efficiently. If you have further questions or concerns about filing a small claims case, consider speaking to an experienced lawyer for guidance and assistance. https://metromediationservices.com/small-claims-court-services/ |
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