How do I file a small claims case in Mississippi to get money someone owes me?
In Mississippi, small claims cases are generally handled in justice courts. A plaintiff typically files a complaint that states the evidence of the debt or other basis for the claim, and the clerk records the filing, assigns the case, and issues a summons so the defendant can be served. If the defendant does not appear after proper notice, a judge may enter a default judgment when there is a factual basis to support the claim.
The defendant may contest the claim by filing a written, sworn answer before the return day, which puts the case at issue and moves it to trial. Where multiple defendants are involved, the suit may be brought in the justice court where any defendant lives or where the cause of action arose, and process may be issued to bring in codefendants from other counties.
Current Mississippi law
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The deadline that matters
Summons/process should be executed five days before the return day when practicable (see Miss. Code Ann. § 11-9-105).
What Mississippi law says
To start a justice court action, the complaint must state the evidence of the debt or other basis for the action and attach written instruments when appropriate, under Miss. Just. Ct. R. 12. The clerk must record filings, assign cases, and issue a summons returnable to the next term, and process should be executed five days before the return day where practicable, under Miss. Code Ann. § 11-9-105. If a defendant contests the claim by filing a written answer under oath on or before the return day, the case is at issue and proceeds to trial, under Miss. Code Ann. § 11-38-7. If a defendant fails to appear after proper notice, the judge may enter a default judgment when there is a factual basis to support the claim and the judgment does not exceed the demanded amount, under Miss. Just. Ct. R. 23.
What to do
A common first step is to gather written evidence of the debt, such as contracts, invoices, receipts, texts, or emails.
A common next step is to complete and file a complaint stating the evidence of the debt with the justice court clerk, as described in Miss. Just. Ct. R. 12.
A common step is to have the clerk issue a summons and arrange service so it is executed in time for the return day, remembering service is generally to be executed five days before the return day under Miss. Code Ann. § 11-9-105.
A common option is to be prepared to present your evidence at the trial, or to respond with a sworn written answer before the return day if contesting the claim, per Miss. Code Ann. § 11-38-7.
Next step: use the filled claim form and evidence checklist provided by the in-app tool to organize documents before filing.
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Common questions
Where can I bring a claim against more than one person?
A suit against two or more defendants jointly or severally may be brought in the justice court where either defendant resides or where the cause of action arose, and the court may issue process to bring in codefendants from other counties, under Miss. Code Ann. § 11-9-103.
What happens if the defendant does not show up for trial?
If the defendant was properly notified of the trial date and the plaintiff appears, the judge may enter a default judgment if there is a factual basis and the judgment does not exceed what was demanded, under Miss. Just. Ct. R. 23.
Can a defendant file an answer before the trial?
Yes, the defendant or any interested person may contest the plaintiff’s demand by filing a sworn written answer itemizing any counterclaims or defenses on or before the return day, which places the case at issue, under Miss. Code Ann. § 11-38-7.
What must the complaint include when I file in justice court?
The complaint should state the evidence of the debt, statement of account, or other basis for the action and make a specific demand for damages, and attach relevant written instruments when the claim is founded on an account or written instrument, under Miss. Just. Ct. R. 12.
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This page provides general legal information about Mississippi law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
