Complaint for Money Damages (Small Claims)
(Justice Court of [COUNTY] County, Mississippi)
[// GUIDANCE: This template is designed for use in Mississippi Justice Court (“Small Claims”) proceedings, which have a jurisdictional cap of $3,500.00 exclusive of court costs and prejudgment interest. Miss. Code Ann. § 9-11-9. Adapt language to match local court practice and individual case facts before filing.]
I. DOCUMENT HEADER
IN THE JUSTICE COURT OF [COUNTY] COUNTY, MISSISSIPPI
[PLAINTIFF NAME], )
Plaintiff, )
)
v. ) Civil Action No. ___
)
[DEFENDANT NAME], )
Defendant. )
COMPLAINT FOR MONEY DAMAGES
(SMALL CLAIMS—MISS. JUSTICE COURT)
Effective Date of Filing: [DATE]
Forum: Small Claims Division, Justice Court of [COUNTY] County, Mississippi
II. PARTIES
- Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is a resident of [STREET ADDRESS, CITY, STATE, ZIP] and is competent to bring this action.
- Defendant. [DEFENDANT NAME] (“Defendant”) is a resident of [STREET ADDRESS, CITY, STATE, ZIP] and may be served with process at said address or any other address authorized by Rule 4 of the Mississippi Rules of Civil Procedure (“MRCP”).
III. JURISDICTION & VENUE
- Amount in Controversy. Plaintiff seeks monetary damages not exceeding $3,500.00, exclusive of court costs, prejudgment interest, and post-judgment interest, thereby placing this matter within the monetary jurisdiction of the Mississippi Justice Court system.
- Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction pursuant to applicable Mississippi statutes establishing small-claims jurisdiction for money-damage actions.
- Venue. Venue is proper in this Court because Defendant resides in [COUNTY] County and the events giving rise to this claim occurred within said county.
IV. STATEMENT OF FACTS
- On or about [DATE], Plaintiff and Defendant entered into the following transaction/relationship:
a. [BRIEF DESCRIPTION—e.g., “sale of a used vehicle,” “agreement to perform home repairs,” “personal loan,” etc.]. - Plaintiff performed all obligations required of Plaintiff under the parties’ agreement, or such performance was excused.
- Despite due demand, Defendant has failed and refused to pay the sum of $[AMOUNT] owed to Plaintiff.
- As a direct and proximate result of Defendant’s breach and/or wrongful conduct, Plaintiff has suffered monetary damages in the principal amount of $[AMOUNT] plus applicable interest.
V. DAMAGES SOUGHT
- Principal Amount........................................ $[AMOUNT]
- Pre-Judgment Interest (if applicable)............... $[AMOUNT OR “NONE”]
- Court Costs (estimated)................................ $[AMOUNT]
- TOTAL (Not to Exceed $3,500.00)........... $[TOTAL]
[// GUIDANCE: Confirm that the combined total of principal, prejudgment interest, and court costs does not exceed the statutory cap. Post-judgment interest is not counted toward the cap.]
VI. CONDITIONS PRECEDENT
- All conditions precedent to Defendant’s duty to pay the sums described herein have occurred, have been performed, or have been waived.
VII. PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendant as follows:
a. Monetary damages in the amount of $[AMOUNT], together with prejudgment interest as allowed by law;
b. Court costs incurred herein;
c. Post-judgment interest at the statutory rate from the date of judgment until paid in full; and
d. Such other and further relief as the Court deems just and proper.
VIII. CERTIFICATION OF SMALL-CLAIMS ELIGIBILITY
- Pursuant to Mississippi Justice Court practice, Plaintiff hereby certifies that:
a. The amount claimed does not exceed $3,500.00 exclusive of court costs and interest;
b. The relief sought is limited to money damages; and
c. The claim is otherwise an “allowable claim” within the meaning of Mississippi small-claims procedures.
IX. NOTICE OF APPEAL RIGHTS
[// GUIDANCE: Mississippi allows any party aggrieved by a Justice Court judgment to appeal to the Circuit Court within ten (10) days of the judgment. The appeal is de novo and generally requires the posting of an appeal bond. Provide this notice so the litigants understand post-judgment rights.]
X. REQUEST FOR SERVICE OF PROCESS
- Plaintiff requests that the Clerk of Court issue process for Defendant to be served as follows:
• Personal service by the [COUNTY] County Sheriff’s Department at [DEFENDANT ADDRESS]; or
• Such alternative method of service as authorized by MRCP 4 and ordered by the Court.
XI. VERIFICATION
I, [PLAINTIFF NAME], being first duly sworn, state under oath that I am the Plaintiff in the above-styled action, that I have read the foregoing Complaint, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.
[PLAINTIFF NAME]
STATE OF MISSISSIPPI )
) SS
COUNTY OF ______ )
Subscribed and sworn to before me on this ___ day of _, 20.
Notary Public for the State of Mississippi
My Commission Expires: _______
XII. SIGNATURE BLOCK
Respectfully submitted this ___ day of _, 20.
[PLAINTIFF NAME], Pro Se
[STREET ADDRESS]
[CITY, STATE ZIP]
[PHONE NUMBER]
[EMAIL ADDRESS (optional)]
[// GUIDANCE: Mississippi Justice Courts permit parties to appear pro se. If counsel is retained, insert attorney signature block in compliance with Miss. R. Civ. P. 11.]
XIII. CERTIFICATE OF SERVICE
I certify that I have this day served a true and correct copy of the foregoing Complaint upon the Defendant by:
☐ Hand-delivery
☐ U.S. Mail, first-class postage prepaid
☐ Certified Mail, return receipt requested
☐ Other: _______
to the following address:
[DEFENDANT NAME]
[DEFENDANT ADDRESS]
Date: ___, 20_
[PLAINTIFF NAME]
OPTIONAL EXHIBITS
• Exhibit A: Copy of Contract / Invoice / Promissory Note
• Exhibit B: Demand Letter dated [DATE]
[// GUIDANCE: Attach documentary evidence in numbered exhibits and cross-reference in ¶ 6-9 above. Make sure personal identifiers are redacted per Miss. R. Civ. P. 5.2.]