Form of petition and summons--instructions for defendant--waiver oftrial by jury--availability of forms.
482.340. 1. An action on a small claim may be commenced by filing withthe clerk of the small claims court a form substantially similar to thepetition form provided in this section. Petition forms shall be provided bythe clerk of the small claims court free of charge to any person:
SMALL CLAIMS COURT
In the Circuit Court of ......, Missouri ....... Plaintiff)
Case number ......
vs Amount claimed ...... .......Defendant) Return date ......
PETITION
The plaintiff states that he has a claim against the defendant in theamount of $........ . The claim arose on or about ..........., 20...., as aresult of the following events: Defendant can be found at ............,Telephone No. ..... . Plaintiff can be found at ............, Telephone No...... .
The plaintiff states that the allegations of this complaint are true andcorrect to the best of his knowledge, that he is not an assignee of this claimand that he has not filed more than three other claims in the Missouri smallclaims courts during the current calendar year. Plaintiff understands thatshould he be successful in this action and obtain a judgment, and if defendantdoes not appeal and this judgment becomes final, the plaintiff is barred fromcommencing another action involving the same parties and issues. PLAINTIFFUNDERSTANDS THAT HE IS HEREBY WAIVING HIS RIGHT TO JURY TRIAL ON THESE ISSUESIN THE SMALL CLAIMS COURT.
.....................
(Plaintiff)
2. The summons in a small claims action shall be made in a formsubstantially similar to the form below:
SUMMONS TO EACH OF THE ABOVE NAMED DEFENDANTS:
YOU ARE SUMMONED AND REQUIRED TO APPEAR IN PERSON IN ROOM ... OF THE........ BUILDING LOCATED AT ........ ON ........, 20..., AT THE HOUR OF........ .
IF YOU FAIL TO APPEAR, A JUDGMENT MAY BE ENTERED AGAINST YOU FOR THEAMOUNT ASKED IN THE PETITION, BUT NOT TO EXCEED $1,000 PLUS INTEREST ANDCOSTS. THIS ACTION HAS BEEN FILED UNDER THE SMALL CLAIMS COURT ACT. RULES OFEVIDENCE DO NOT APPLY AND YOU MAY DEFEND THIS ACTION WITH OR WITHOUT THEASSISTANCE OF AN ATTORNEY.
.....................
(Clerk of the Court)
3. A copy of the petition shall be attached to the summons.Instructions to the defendant in substantially the following form shallaccompany the summons.
INSTRUCTIONS TO DEFENDANT
1. If you do not wish to oppose plaintiff's claim you may:
(1) Contact plaintiff and make an out-of-court settlement
with the plaintiff before the hearing date and file with
the clerk of the court a dismissal of the case signed by
the plaintiff, or
(2) Make no appearance at the hearing. In that case the
plaintiff may be given a default judgment against you.
2. If you wish to oppose the claim:
(1) You must appear on the date and at the time set for
hearing.
(2) You should bring with you all books, papers,
witnesses, and evidence you have to establish
your defense.
(3) At your request the clerk will issue a subpoena for
any witness you may need (you must order the subpoena as
soon as possible and before the hearing date).
3. If you have a claim against the plaintiff, it is a
counterclaim. If you desire to file a counterclaim,
then:
(1) You must file your counterclaim with the court within
ten days after you receive this summons.
(2) To do this you must personally appear before the clerk
of the court.
(3) The clerk will assist you in preparing the
counterclaim.
4. If you are a member of the armed services of the United
States, please advise the court immediately upon receipt of
this summons.
5. Rules of evidence do not apply and you may defend this
action with or without the assistance of an attorney.
6. A pamphlet explaining the small claims court is
enclosed.
4. Copies of all forms and procedures applicable to small claims shallbe available to any person from the clerk of the small claims court withoutcharge.
Form of petition and summons--instructions for defendant--waiver oftrial by jury--availability of forms.
482.340. 1. An action on a small claim may be commenced by filing withthe clerk of the small claims court a form substantially similar to thepetition form provided in this section. Petition forms shall be provided bythe clerk of the small claims court free of charge to any person:
SMALL CLAIMS COURT
In the Circuit Court of ......, Missouri ....... Plaintiff)
Case number ......
vs Amount claimed ...... .......Defendant) Return date ......
PETITION
The plaintiff states that he has a claim against the defendant in theamount of $........ . The claim arose on or about ..........., 20...., as aresult of the following events: Defendant can be found at ............,Telephone No. ..... . Plaintiff can be found at ............, Telephone No...... .
The plaintiff states that the allegations of this complaint are true andcorrect to the best of his knowledge, that he is not an assignee of this claimand that he has not filed more than three other claims in the Missouri smallclaims courts during the current calendar year. Plaintiff understands thatshould he be successful in this action and obtain a judgment, and if defendantdoes not appeal and this judgment becomes final, the plaintiff is barred fromcommencing another action involving the same parties and issues. PLAINTIFFUNDERSTANDS THAT HE IS HEREBY WAIVING HIS RIGHT TO JURY TRIAL ON THESE ISSUESIN THE SMALL CLAIMS COURT.
.....................
(Plaintiff)
2. The summons in a small claims action shall be made in a formsubstantially similar to the form below:
SUMMONS TO EACH OF THE ABOVE NAMED DEFENDANTS:
YOU ARE SUMMONED AND REQUIRED TO APPEAR IN PERSON IN ROOM ... OF THE........ BUILDING LOCATED AT ........ ON ........, 20..., AT THE HOUR OF........ .
IF YOU FAIL TO APPEAR, A JUDGMENT MAY BE ENTERED AGAINST YOU FOR THEAMOUNT ASKED IN THE PETITION, BUT NOT TO EXCEED $1,000 PLUS INTEREST ANDCOSTS. THIS ACTION HAS BEEN FILED UNDER THE SMALL CLAIMS COURT ACT. RULES OFEVIDENCE DO NOT APPLY AND YOU MAY DEFEND THIS ACTION WITH OR WITHOUT THEASSISTANCE OF AN ATTORNEY.
.....................
(Clerk of the Court)
3. A copy of the petition shall be attached to the summons.Instructions to the defendant in substantially the following form shallaccompany the summons.
INSTRUCTIONS TO DEFENDANT
1. If you do not wish to oppose plaintiff's claim you may:
(1) Contact plaintiff and make an out-of-court settlement
with the plaintiff before the hearing date and file with
the clerk of the court a dismissal of the case signed by
the plaintiff, or
(2) Make no appearance at the hearing. In that case the
plaintiff may be given a default judgment against you.
2. If you wish to oppose the claim:
(1) You must appear on the date and at the time set for
hearing.
(2) You should bring with you all books, papers,
witnesses, and evidence you have to establish
your defense.
(3) At your request the clerk will issue a subpoena for
any witness you may need (you must order the subpoena as
soon as possible and before the hearing date).
3. If you have a claim against the plaintiff, it is a
counterclaim. If you desire to file a counterclaim,
then:
(1) You must file your counterclaim with the court within
ten days after you receive this summons.
(2) To do this you must personally appear before the clerk
of the court.
(3) The clerk will assist you in preparing the
counterclaim.
4. If you are a member of the armed services of the United
States, please advise the court immediately upon receipt of
this summons.
5. Rules of evidence do not apply and you may defend this
action with or without the assistance of an attorney.
6. A pamphlet explaining the small claims court is
enclosed.
4. Copies of all forms and procedures applicable to small claims shallbe available to any person from the clerk of the small claims court withoutcharge.
Form of petition and summons--instructions for defendant--waiver oftrial by jury--availability of forms.
482.340. 1. An action on a small claim may be commenced by filing withthe clerk of the small claims court a form substantially similar to thepetition form provided in this section. Petition forms shall be provided bythe clerk of the small claims court free of charge to any person:
SMALL CLAIMS COURT
In the Circuit Court of ......, Missouri ....... Plaintiff)
Case number ......
vs Amount claimed ...... .......Defendant) Return date ......
PETITION
The plaintiff states that he has a claim against the defendant in theamount of $........ . The claim arose on or about ..........., 20...., as aresult of the following events: Defendant can be found at ............,Telephone No. ..... . Plaintiff can be found at ............, Telephone No...... .
The plaintiff states that the allegations of this complaint are true andcorrect to the best of his knowledge, that he is not an assignee of this claimand that he has not filed more than three other claims in the Missouri smallclaims courts during the current calendar year. Plaintiff understands thatshould he be successful in this action and obtain a judgment, and if defendantdoes not appeal and this judgment becomes final, the plaintiff is barred fromcommencing another action involving the same parties and issues. PLAINTIFFUNDERSTANDS THAT HE IS HEREBY WAIVING HIS RIGHT TO JURY TRIAL ON THESE ISSUESIN THE SMALL CLAIMS COURT.
.....................
(Plaintiff)
2. The summons in a small claims action shall be made in a formsubstantially similar to the form below:
SUMMONS TO EACH OF THE ABOVE NAMED DEFENDANTS:
YOU ARE SUMMONED AND REQUIRED TO APPEAR IN PERSON IN ROOM ... OF THE........ BUILDING LOCATED AT ........ ON ........, 20..., AT THE HOUR OF........ .
IF YOU FAIL TO APPEAR, A JUDGMENT MAY BE ENTERED AGAINST YOU FOR THEAMOUNT ASKED IN THE PETITION, BUT NOT TO EXCEED $1,000 PLUS INTEREST ANDCOSTS. THIS ACTION HAS BEEN FILED UNDER THE SMALL CLAIMS COURT ACT. RULES OFEVIDENCE DO NOT APPLY AND YOU MAY DEFEND THIS ACTION WITH OR WITHOUT THEASSISTANCE OF AN ATTORNEY.
.....................
(Clerk of the Court)
3. A copy of the petition shall be attached to the summons.Instructions to the defendant in substantially the following form shallaccompany the summons.
INSTRUCTIONS TO DEFENDANT
1. If you do not wish to oppose plaintiff's claim you may:
(1) Contact plaintiff and make an out-of-court settlement
with the plaintiff before the hearing date and file with
the clerk of the court a dismissal of the case signed by
the plaintiff, or
(2) Make no appearance at the hearing. In that case the
plaintiff may be given a default judgment against you.
2. If you wish to oppose the claim:
(1) You must appear on the date and at the time set for
hearing.
(2) You should bring with you all books, papers,
witnesses, and evidence you have to establish
your defense.
(3) At your request the clerk will issue a subpoena for
any witness you may need (you must order the subpoena as
soon as possible and before the hearing date).
3. If you have a claim against the plaintiff, it is a
counterclaim. If you desire to file a counterclaim,
then:
(1) You must file your counterclaim with the court within
ten days after you receive this summons.
(2) To do this you must personally appear before the clerk
of the court.
(3) The clerk will assist you in preparing the
counterclaim.
4. If you are a member of the armed services of the United
States, please advise the court immediately upon receipt of
this summons.
5. Rules of evidence do not apply and you may defend this
action with or without the assistance of an attorney.
6. A pamphlet explaining the small claims court is
enclosed.
4. Copies of all forms and procedures applicable to small claims shallbe available to any person from the clerk of the small claims court withoutcharge.
