The small claims court is a people's court and was established to help people handle their small cases involving a money dispute without an attorney. The clerks are there to help prepare the proper papers to file a claim and, if you win, to help collect your money. However, if you feel you cannot adequately represent yourself and protect your own interests, you may retain an attorney to assist you.

Small claims proceedings are informal in nature. You must fill out all required forms and present your own evidence in court. There are no jury trials. While the small claims court system was designed to settle uncomplicated disputes, filing and winning a claim as well as collecting your money can be far from uncomplicated. There are specific rules that must be followed if you are to succeed on your claim.

Before you file a suit in small claims court, there are several issues to consider:
1. Who Can You Sue and What You Can Sue For
  Any person or business with a civil claim that does not exceed $3,000.00 may bring a suit in small claims court. The $3,000.00 limit does not include court costs and interest on the $3,000.00 which the judge may award you. You may still file a claim if the amount exceeds $3,000.00. However, if you choose to do this, you give up your right to claim any amount exceeding $3,000.00 both in your present suit and in any other claim involving the same person or business and the same issues.

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. Furthermore, an assignee of a claim (i.e., a person or business that purchases or otherwise has the right to a claim) may not file in small claims court. You may file no more than seven claims in small claims court in any calendar year. The Court Can Only Handle Claims For Money. Therefore, the court cannot force anyone to return property to you, nor can the small claims court be used by landlords to evict tenants. Furthermore, the Court is not responsible for collecting the money that the judge may determine is owed to you.

2. When You Must Sue
Depending on the type of claim you are making, you have a certain amount of time in which to file the claim. This time limit is called the statute of limitations, and you must file your claim before the time period expires. The time period begins to run when the injury or damage occurs or when the injury or damage should have been discovered. The time period allowed varies with different types of claims. 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. The time periods for other types of actions vary, however, you generally have two years to file a claim. To be safe, you should file your claim as soon as possible.

3. Whether You Can Accept the Unpredictability and Cost of Court
Pursing a claim in court is a serious matter with unpredictable results. If you sue you may lose. Be sure you feel you can adequately explain and prove your claim to a judge. Even if you win, you are responsible for collecting the money from the defendant. (The defendant is the person or business you name in the claim.) If the defendant refuses to pay you voluntarily, you must use specific court procedures in order to compel your opponent to pay The Small Claims Court does not pay you money if you win. Furthermore, the defendant may file a valid claim against you (a counterclaim) and the judge could decide that you owe the defendant money. The courts should be used as a last step to get what you think you are owed. If the court, in its discretion, decides that you are only suing in order to harass the defendant, your case may be dismissed, your court costs forfeited, and your access to the small claims courts barred for up to one year.

Given the difficulties of going to court, you should first try to settle the claim. A successful settlement will save you the time and money you would have spent on going to court. Furthermore, if you are unable to settle, your attempts to do so may be looked on favorably by the judge. You can settle your case at any time before the case is heard by the judge or after it is heard if you and the defendant are willing.  Here are some settlement tips:

• One method of settlement is to confront the person you believe owes you money, explain why and how much is owed you, and request payment. This can be done in person, over the telephone or by writing a letter. (If you write the defendant, be sure to keep copies of all correspondence sent and received.) If you end up going to small claims court, you can use this written correspondence to show the judge that you have made reasonable attempts to settle the claim and that you are not suing just to harass the defendant.
  
• If your dispute is with a business, there are consumer protection agencies in some areas that may assist you in settling your claim before you sue. One such agency is the Better Business Bureau in your area that often acts as a mediator to settle claims by agreement between both sides in the suit. If this settlement is unsatisfactory, you do not have to accept it. An additional agency you might want to report your problem to is the Missouri Department of Consumer Affairs in Jefferson City, or to the Consumer Protection Division of the Missouri Attorney General's Office at 1-800-392-8222.

 If you conclude, after considering the above issues, that you wish to pursue your claim in small claims court, you need to fill out the appropriate paperwork.  The forms can be obtained from the small claims division of the circuit court in the county in which the wrong occurred.