What Is a Small Claims Court in Mississippi?
The Mississippi small claims courts are courts with limited jurisdiction over civil cases. These courts only hear cases between private individuals where the amount in controversy is $500 or higher but not greater than $3,500, excluding interests and court fees. Generally, cases filed in the small claims court proceed faster than those filed in other state courts because of the court's simplified procedures.
According to the Mississippi Code Annotated § 9-11-9, a small claims court can hear the following cases:
- Recovery of debt claims not exceeding $3,500
- Recovery of personal property claims not exceeding $3,500
- Other claims where the damages demanded is not above $3,500
Common examples of cases filed in the small claims court include:
- Personal injury, such as a dog bite
- Small loans repayment claims, e.g., payment default or refusal
- Landlord and tenant disagreement claims
- Poorly-rendered service claims
- Actions for the return of personal property (replevin)
- Damages from minor motor vehicle accidents
- Failure to fix an appliance properly
How Does the Mississippi Small Claims Court Work?
Mississippi small claims court hearings are held in the Justice Courts. In the court, litigants can resolve civil disagreements without legal representation ("pro se"). This simplified format helps reduce legal costs substantially. However, although the small claims courts in Mississippi allow pro se representation, attorneys are still permitted for those who do not wish to represent themselves. Parties in a small claims case can also seek legal advice.
The party that initiates a small claims court case is called the plaintiff, while the responding party is the defendant.
Generally, to file a small claims action, plaintiffs must have the address of the defendant's residence or the place where the incident occured. This will enable them to file at the appropriate venue, as a small claims court's jurisdiction is only within county lines. Once the plaintiff completes filing, the sheriff or deputy will serve the defendant with the lawsuit. On receiving the claim, the defendant can either contest the case, negotiate an out-of-court settlement, or file a counterclaim. The counterclaim allows the defendant to sue the plaintiff while defending the original petition at the same time. As with new claims, a small claims counterclaim cannot exceed the court's $3,500 limit. Litigants whose claims pass this cap can still use the small claims court but must opt for a reduced amount.
After filing and service, and if out-of-court settlement fails, the plaintiff and defendant will present their cases before a judge on the day of their court hearing. They can also bring evidence and witnesses. After hearing both sides, the judge will announce a decision immediately or mail it to the involved parties later. The losing party can submit an appeal to the circuit court within ten days of this judgment.
How to Take Someone to Small Claims Court in Mississippi
An individual can take someone to a small claims court in Mississippi by filing a case in a local Justice Court. This can be done by filling a declaration (affidavit) form, which can be procured from the Justice Court Clerk's office or a county's website.
To fill the form, the plaintiff must enter their details, that of the defendant, the amount the defendant is expected to pay, and a justification as to why the defendant should pay the amount. If the defendant is a business, a registered agent will receive the lawsuit on behalf of the business.
It is important that the plaintiff correctly identifies the defendant(s) in the form and makes the declaration in the right county (where the defendant lives or the incident took place). Failure to file at the appropriate court can result in the case being transferred or dismissed.
The filing fees are $75 for one defendant, $10 for constable or sheriff fees, and $10 for each additional defendant. A comprehensive list of the filing charges is available on the county websites. Individuals who cannot afford to pay the filing fees can file a "Pauper Affidavit," and the Clerk will proceed without charges.
After filing, the Justice Court Clerk will prepare a summons, which will be served along with the declaration on the defendant. After service, a proof of service form must be filed by the process server with the court. This is, so the court knows that the defendant received information about the lawsuit before the scheduled hearing date.
An individual who received a summons can choose to settle out of court with the plaintiff if the claim is true or if they prefer an amicable resolution. Once they agree to settle the plaintiff, they will no longer need to appear in court. However, this out-of-court settlement must be communicated to the court.
On the other hand, a defendant convinced that they have a case against the plaintiff can file a counterclaim. The party is not required to file this counterclaim in the small claims court. They may save it for later and file in the County Court, where they can exceed the small claims court's $3,500 limit. Even if the defendant loses the case, the party can still file the counterclaim during an appeal. However, if the defendant goes ahead to file the counterclaim in the small claims court, it will be heard along with the original claim.
The outcome of a small claims trial is dependent on the statements of the plaintiff and the defendant, along with any witnesses they may present and evidence they may have. Litigants can consult lawyers for advice ahead of their day in court.
At the hearing, the plaintiff and defendant will be allowed to present their case before a Justice Court judge. Both sides will also be permitted to cross-examine their witnesses. Evidence that may be brought includes documents, photographs, canceled checks, notices, receipts, etc. After the hearing, the judge will decide the case immediately or afterward. The losing side can appeal the decision of the court within ten days of the judgment.
The winning party is responsible for collecting the judgment. The court does not collect the judgment for litigants. If the judgment is not appealed and the money is not paid, the winning party can withhold the income of the other party or seize their assets to guarantee payment.
How Much Can You Sue For in Mississippi Small Claims Court?
The Mississippi small claims court has a jurisdictional limit of $3,500, whether beginning a new claim or filing a counterclaim. Individuals can bring a claim to the court as long as it does not exceed this limit. These cases include recovery of debts, recovery of personal property, and awards for damages. An individual whose dispute is higher than the court's limit can still use the small claims court, provided they are ready to forgo their claim for an amount not exceeding $3,500.
Domestic matters, including custody, marriage, child support, or estate cases, are not accepted in the Mississippi small claims courts, even when the contested amount falls within the court's limit.
How to Defend Yourself in Mississippi Small Claims Court
Becoming a defendant in a small claims case begins with getting a summons and affidavit detailing a claim and the redress sought by a plaintiff. The affidavit will identify the defendant and the amount sought by the plaintiff. It is important for the defendant to attend court on the day of the trial to prevent a default judgment from being made against them.
After receiving the summons, the defendant can decide to settle the case out of court by working out a payment agreement or plan before the trial date. It can positively impact one's credit history if a case is dismissed before the judge makes a ruling. Any out-of-court settlement should be communicated to the court before the day of the trial.
Defendants who intend to contest the motion against them are advised to put together any documents or materials that can serve as evidence in court. If there are parties who can serve as witnesses, the defendant should also ensure their availability on the trial date.
For the hearing, defendants can choose to hire a lawyer to represent them or take advantage of the small claims court's "pro se" option. Self-represented litigants can still seek legal advice on their cases.
On the day of the trial, defendants will need to present a clear and coherent defense in court. A well-rehearsed statement and logical understanding of the incident will be important. Arriving on time, being respectful to other parties and the judge, and dressing appropriately will also be to the defendant's advantage. If the plaintiff wins, the defendant will still have the option of appealing the ruling.
How Long Do You Have to Take Someone to Small Claims Court in Mississippi?
The small claims courts have a limited timeframe within which claims can be brought before a judge. Failure to file cases within this time, known as a statute of limitations, will cause a wronged party to lose the opportunity to use the judicial system to resolve a dispute. The statutes of limitations on small claims cases in Mississippi include the following:
- Six years for written contracts
- Three years for oral contracts
- Three years for personal injury claims
A case filed after its statute of limitations has passed will be dismissed, no matter the severity of the harm or blatancy of the defendant's liability.
There are a few exceptions where the statute of limitations might be extended. For instance, when the injured party was under 18 at the time of the incident, or the defendant fraudulently concealed the injury or their role in it.
What Happens If You Don't Show Up for Small Claims Court in Mississippi?
A plaintiff in a small claims court case who does not show up for the trial should expect that the judge will dismiss the case. On the other hand, a defendant who fails to be present at the time of the trial will have a default judgment passed against them. The judge may also grant the plaintiff who is present the claimed amount and include filing costs incurred because of the claim. However, the plaintiff will still need to present their case in court before the judge passes the judgment.
Defendants and plaintiffs can still appeal a default ruling within ten days of its issuance.
What are Small Claims Court Records in Mississippi?
Small claims court records comprise records created, collected, or submitted during cases in the Mississippi small claims courts. These records include transcripts of hearings, docket information, affidavits, summons, evidence from the parties involved in the case, briefs, motions, and decisions. The records can be in multiple formats such as paper, audio, and video.
Where Can I Find Mississippi Small Claims Court Records?
The Mississippi Public Records Act of 1983 guarantees members of the public access to public records, including Mississippi court records. The Mississippi Supreme Court also established a Public Records Policy, which supports the public records law and permits general access to court records, except for records exempted from public access due to specific reasons.
Most Mississippi small claims court records are available online through the Mississippi Electronic Courts (MEC). Records can also be accessed at the courthouses through the Public Access Mississippi Electronic Case Management System (PAMEC) system.
Mississippi small claims court records are also available through an independent public records service, which provides access to these records when users enter a name, city, state, and other required detail as a search query.
