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Mississippi · Filing guide · Justice Court

How to file a small claims case in Mississippi, step by step

Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.

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Before you file

1–3 weeks before filing

Mississippi doesn't require a demand letter before you sue in Justice Court, but asking for payment in writing first is a good idea.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

In Mississippi you can sue for up to $3,500 in the Justice Court.

Run the 60-second case check to see the last day you can file.

  • Your full name, address and phone
  • The defendant's exact legal name and a street address where the constable can find them
  • For a business, its registered agent's name and address
  • The amount you're asking for, up to $3,500
  • A short description of what happened and when
  • Copies of the contract, invoice, account statement or receipts

Use the company's full legal name and its registered agent for service.

Search: Mississippi Secretary of State Business Search.

  • The contract, lease, invoice or receipt
  • Photos of the damage, dated if possible
  • Texts, emails and letters with the other side
  • Two written repair estimates or proof of what you paid
  • Your demand letter and proof it was sent
  • Names and contact details of any witnesses

Fill in the claim

1–2 evenings

Complaint: Civil complaint (often called a declaration or affidavit on open account), available from the clerk. Ask the court clerk or check your court's website.

  • Who: you and the defendant, with full legal names and addresses
  • What: the agreement or event, in 2–4 plain sentences
  • When: the date it happened
  • How much: the exact amount (no more than $3,500) and how you calculated it
  • What you did: when you asked for payment and their response

Sign the complaint. If you're suing on an account or a written agreement, attach a copy of it or the account statement.

Bring the original and one copy for each defendant, plus one for yourself.

File and pay

Filing day

Choose how you'll file:

OnlineNot availableMississippi's electronic filing system covers circuit, chancery and county courts, not Justice Court. File on paper with the justice court clerk.
In personTake your complaint to the justice court clerk in the right county and pay the filing fee, which usually includes service by the constable.
By mailSome clerks accept filings by mail; call first to confirm the fee and how to pay.

File in the Justice Court of the county where the defendant lives or where the problem happened. For a business, use its full legal name and its registered agent.

Fees are set by state law and collected by each county. Many courts charge about $85 to file against one defendant, which includes service by the constable, plus about $15 for each extra defendant. Check your county's justice court clerk for the exact amount. Can't afford it? Ask for a fee waiver: Pauper's affidavit; ask the justice court clerk.

The clerk issues a summons with the trial date and sends it to the constable for service. If service fails, the court tells you so you can give a new address, which may cost more.

Serve the defendant

Right after filing

The clerk issues a summons and gives it to the constable, who serves the defendant. If the constable can't hand it to the defendant, it can be left with a family member over 16 or posted on the door, followed by a mailed copy.

Service must be made within 120 days of filing, or the case can be dismissed. The summons gives the trial date.

The constable fills out the return showing how and when the defendant was served and files it with the court; you don't file a form yourself.

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Before the hearing

1–4 weeks before

The defendant comes to court on the trial date shown on the summons and can file a counterclaim.

If you settle, tell the clerk in writing so the case can be dismissed or an agreed judgment entered.

Get any settlement in writing, signed by both sides, with the amount and payment date.

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the justice court clerk to issue a subpoena for a witness well before the trial date.

  • Three copies of every document: for you, the judge and the defendant
  • A one-page timeline of what happened, with dates
  • A short sheet showing how you calculated the amount
  • Photos printed or ready on your phone (ask the clerk if screens are allowed)

The hearing

Hearing day

  • Arrive early and check in with the clerk
  • Bring the original and copies of every document, receipt and photo
  • Bring your witnesses, or ask the clerk for a subpoena ahead of time
  • Keep it short: what happened, how much you're owed, and your proof

What to say, in about two minutes
  1. Who you are and what you're asking for: the amount.
  2. What the agreement or situation was.
  3. What went wrong, with dates.
  4. What it cost you and how you calculated it, showing your documents.
  5. That you asked for payment and what they said.

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If the defendant was properly served and doesn't come, the judge can enter a default judgment. If you don't come, your case can be dismissed.

After the judgment

Weeks to months

Either side can appeal to the county court, or to the circuit court if there's no county court. The case is heard again from scratch. File the notice and pay the appeal costs within 30 days; a bond may be needed to stop collection. Ask the clerk right away, because deadlines are strict.

The court doesn't collect for you. If they don't pay, you can ask the clerk about wage or bank garnishment, which has its own fee.

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.

Free help in Mississippi

Mississippi Legal Services (MSLegalServices.org)

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