SMALL CLAIMS COMPLAINT

Missouri – Small Claims Division
[// GUIDANCE: This template is drafted to comply with Mo. Rev. Stat. §§ 482.300 et seq. and Supreme Court Rule 140. Customize all bracketed items before filing.]

I. DOCUMENT HEADER

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI
SMALL CLAIMS DIVISION

v.

Case No.: ___
Division: Small Claims
Filing Date: [MM/DD/YYYY]

PETITION FOR MONEY JUDGMENT (≤ $5,000)
[// GUIDANCE: Missouri’s current small-claims monetary cap is $5,000, exclusive of interest and costs. See Mo. Rev. Stat. § 482.305.]

II. DEFINITIONS

[// GUIDANCE: Definitions streamline later references and reduce ambiguity.]

1. “Claim” means Plaintiff’s demand for $[AMOUNT] in damages as described herein.
2. “Agreement” means the contract, invoice, lease, or other instrument attached as Exhibit A giving rise to this Claim (if any).
3. “Court” means the Circuit Court of [COUNTY] County, Missouri, Small Claims Division.

III. OPERATIVE ALLEGATIONS

1. Jurisdiction & Venue
   a. This Court has subject-matter jurisdiction under Mo. Rev. Stat. § 482.305 because the amount in controversy does not exceed $5,000.
   b. Venue is proper in this County under Mo. Rev. Stat. § 508.010 because the Defendant resides and/or the transaction at issue occurred here.

2. Parties
   a. Plaintiff is an individual / business entity domiciled in Missouri at the address stated above.
   b. Defendant is an individual / business entity residing / operating at the address stated above.

3. Facts Common to All Counts
   a. On or about [DATE], Plaintiff and Defendant entered into the Agreement.
   b. Plaintiff fully performed all obligations required of Plaintiff.
   c. Defendant failed to [describe breach/non-payment/other wrongdoing] and now owes Plaintiff $[AMOUNT].
   d. Despite demand on [DATE OF FINAL DEMAND LETTER], Defendant has refused to pay.

IV. CAUSE(S) OF ACTION

COUNT I – BREACH OF CONTRACT (or “ACCOUNT STATED” / “UNJUST ENRICHMENT”)

1. Plaintiff incorporates the allegations in Sections III.1-3.
2. The Agreement constitutes a valid and enforceable contract.
3. Defendant’s failure to pay constitutes a material breach.
4. As a direct result, Plaintiff has sustained damages of $[AMOUNT], plus interest at the statutory rate from [DATE DUE].

[// GUIDANCE: Add additional counts (e.g., Property Damage, Security-Deposit Return) as needed. Each count should remain within the $5,000 cap.]

V. DAMAGES

Plaintiff seeks:
a. Principal: $[AMOUNT]
b. Pre-judgment interest from [DATE] at ___ % per annum (if legally permissible)
c. Court costs and service fees
d. Post-judgment interest at the statutory rate until paid in full

Total sought does not exceed the $5,000 jurisdictional limit.

VI. DEFAULT & REMEDIES

1. If Defendant fails to appear, Plaintiff requests entry of default judgment pursuant to Supreme Court Rule 74.05.
2. Upon judgment, Plaintiff seeks all lawful means of collection, including garnishment or execution.

VII. RISK ALLOCATION

[// GUIDANCE: Traditional indemnity and limitation clauses are inapplicable in small-claims pleadings. This section intentionally omitted.]

VIII. DISPUTE RESOLUTION & APPEAL RIGHTS

1. Governing Law – Missouri state law applies.
2. Forum – Exclusive venue lies in this Small Claims Division.
3. Jury Trial – Not available in Missouri small-claims proceedings.
4. Appeal – Either party may appeal to the Circuit Court’s Associate Division within ten (10) days after entry of judgment, as provided in Mo. Rev. Stat. § 512.180.

IX. GENERAL PLEADING MATTERS

1. Amendments – Plaintiff reserves the right to amend this Petition as justice requires and the rules permit.
2. Exhibits – True and correct copies of all material documents are attached hereto as Exhibits A-[n].

X. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant for:
1. $[AMOUNT] in principal;
2. Pre- and post-judgment interest as allowed by law;
3. Court costs and such other relief as the Court deems just and proper.

XI. EXECUTION BLOCK

Respectfully submitted,

[PLAINTIFF NAME]
Plaintiff, Pro Se / Attorney for Plaintiff
[ADDRESS]
[PHONE]
[EMAIL]

XII. VERIFICATION

[MO Supreme Court Rule 55.03 & 84.06]

I, [PLAINTIFF NAME], declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.

Date: _______

[PLAINTIFF NAME]

XIII. CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Petition was served on Defendant at the above address by [METHOD: certified mail, sheriff, or private process server] on _______.

[PLAINTIFF NAME]

[// GUIDANCE:
1. Attach Exhibits (contracts, invoices, photos) behind the Petition.
2. File Form 17-SC (Missouri Small Claims Information Sheet) simultaneously.
3. Pay the filing fee (varies by county, typically ≈ $35-$50).
4. Calendar the return date supplied by the clerk; personal appearance is mandatory.
5. Bring proof of damages (original documents, photographs, witnesses) to the hearing.]