Judge’s Notes

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Happy New Year to everyone! Hopefully, you had a wonderful holiday season with family and friends. I recently returned from visiting my wife’s Uncle Bob and Aunt Janet in the Windy City. We both wished for a better year for our respective sports teams. You can probably guess who he roots for. If you need a hint, it is rumored the team’s name is an acronym for “completely useless by September.” Unfortunately, that has more accurately described the Cardinals the last couple of years.

For the new year, I figured I would start “small,” as I usually do with my resolutions. However, I am going to talk about a different type of “small.” Let us talk about small claims cases!

One of the types of cases I hear as an associate circuit judge is a “small claims” case. Missouri’s small claims courts were established around 1976. This is a division of the circuit court where the amount sought is $5,000 or less. A person can file a small claims case to try to get money but cannot file one for the return of goods or property. The person filing the case is the “plaintiff” and the person the case is against is the “defendant.” A defendant might be able to file a “counterclaim” – a request for money the plaintiff owes the defendant.

Small claims courts are for individuals to have their dispute heard by a judge without needing an attorney. “Pro se” is the term we often use for those who represent themselves in court. This is a Latin term which means “for oneself.”

In a small claims case, the hearing is informal, and the rules of evidence do not apply. Each party tells their side to the judge and presents any evidence or witnesses which support their position. Then the judge issues a written decision. The losing side can file an application for a “trial de novo” with the court. This means a new trial. “De novo” is a Latin term for “anew.” A different judge would then hear the new trial.

There are resources out there to help folks who are looking to file a small claims case. The Missouri Bar has a Small Claims Handbook, last updated in 2021, which is available at missourilawyershelp.org. The necessary forms to file a small claims case can be found on the Missouri Courts website. The circuit clerk is also able to provide the necessary forms. Chapter 482 of the Revised Statutes of Missouri governs small claims court if you would like to read the laws. Plugging “Chapter 482 RSMo” into your favorite online search engine should get you to the right place. There is a cost to file one of these cases, which can vary by county and can easily be learned by calling your local circuit clerk’s office.

Have a wonderful and happy new year!