Mississippi Small Claims

The Mississippi small claims court offers a venue for a wide range of parties to recover and resolve disputes without the need for an attorney. It is a cost-effective and time-saving option designed to help individuals and entities resolve minor civil disputes without going through a lengthy court process.

What Is a Small Claims Court in Mississippi?

In Mississippi, the Justice Court is responsible for handling all small claims actions. By using small claims procedures, the court addresses cases involving contract disputes, replevin, minor property damage, and unpaid loans. While filing a small claims case in Mississippi, individuals and businesses have access to clear instructions issued by the court and plain-English forms to help them understand and handle their own cases.

Small Claims Court Limits in Mississippi

An individual or business can only file a small claims lawsuit if the amount in controversy does not exceed $3,500. If the filer has a higher claim, they must lower the amount or waive part of it to stay within the limit. Due to the simplified procedure, most parties in small claims actions represent themselves but can also be represented by attorneys if both sides agree or the court permits. Anyone who disagrees with the outcome of the case can file an appeal to the County or Circuit Court within 10 days and pay the necessary fees.

How to File a Small Claims Case in Mississippi

You must ensure that your claim meets all legal requirements before filing your small claims case in a Mississippi Justice Court. Some of the most important steps to consider while preparing include:

Know the right venue

Generally, small claims actions are filed in the Justice Court in the county where the defendant resides or where the main events occurred. To prevent case dismissal, contact the justice court in the defendant's county to confirm that you are filing your case in the right court.

Prepare your forms

The right forms to start your case are readily available in the Justice Court. You will be required to complete the official Affidavit of Complaint or Declaration form at the office of the Justice Court Clerk. While filling out the form, you must provide a concise and factual explanation of why you are suing the defendant, along with copies of all supporting documents.

Pay the filing fees or request a fee waiver

Each county's Justice Court publishes the cost of filing a small claims case on its website. Before filing your case, you must confirm the exact amount from the court's website or contact the court clerk directly. In Mississippi, a single payment covers both the filing fee and the amount used to serve the paperwork on the defendant. Per defendant, the filing fee ranges from $74 to $85.

In addition, you can file a Pauper Affidavit at the Clerk’s Office if you cannot afford to pay the filing fees for your case.

Serve the defendant correctly

After filing and paying the applicable fees, a copy of the complaint and summons is sent from the Justice Court Clerk to the Sheriff of the county where the defendant lives. Then, the documents will be hand-delivered to the defendant or to a family member over 16 who resides at the same address.

Small Claims Court in Major Mississippi Counties

• Hinds County Justice Court: It costs $85 to file a small claims action against one defendant in Hinds County. You will find the Justice Court at 407 East Pascagoula Street, Jackson, MS 32905.
• DeSoto County Justice Court: The Justice Court at 3423 Industrial Drive W, Hernando, MS 38632, handles small claims cases for DeSoto residents. The filing fee is $85 if the case involves one defendant or $100 if there are two defendants living or located at the same address.
• Lamar County Justice Court: To file a small claims case in the Lamar Justice Court, the fee is $84 for one defendant or $99 for two defendants. In-person filings and hearings are held at 205 Main Street, Suite A, Purvis, MS 39475.

What to Expect at a Small Claims Hearing in Mississippi

In Mississippi, both the plaintiff and the defendant present their case before a Justice Court Judge. Before the trial, the judge explains the proceedings and reminds both parties that the rules are simpler than in the regular civil court.

Then, each party gets the chance to present their side of the story, show photo and receipt evidence, and call witnesses if necessary. For a better understanding of the facts, the judge can ask questions of both parties and their witnesses, as well as review evidence before making a decision. The court will mail the court's decision to both parties within a few days if the judge does not issue an immediate judgment during the trial.

Post-judgment options

The plaintiff is responsible for collecting the judgment if they win the case. If the debtor does not pay voluntarily, the creditor can request the court to grant them a writ of execution or file a wage garnishment to recover the money owed.

How to Search for Small Claims Records in Mississippi

The statewide Mississippi Electronic Courts (MEC) system does not contain the records of cases filed in the Justice Courts. As a result, interested parties must visit the courthouse where the case was heard to view the official documents submitted in small claims actions. In addition, the Court Clerk can provide docket copies or certified records to requesters for a small fee.

Individuals may save on the cost of visiting courthouses by using a reliable third-party website to find small claims records. However, it is important to confirm that the information on third-party websites is current and based on official public sources.

In a Justice Court small claims case, the court file contains the case number, filings, return of service, party names, scheduled hearings, and the outcome of the case. Also, some counties keep payment records and post-judgment filings.