Mississippi Small Claims Court Guide
Everything you need to know about filing a small claims case in Mississippi — dollar limits, filing fees, court locations, and step-by-step guidance.
Mississippi Quick Facts
Maximum Claim
$3,500
Filing Fee
$20–$30
Court fees added to your case — not due today
Court
Justice Court (Small Claims Division)
Overview
Small Claims in Mississippi
Mississippi small claims court is a division of the Justice Court and handles civil disputes where the amount claimed does not exceed $3,500. The court provides a streamlined and affordable process for resolving monetary disputes. Mississippi's small claims procedure is designed to be accessible and informal, with simplified rules that make it practical for people without legal training.
Filing fees in Mississippi range from $20 to $30 depending on the county, making it one of the most affordable states for small claims filing. These fees are recoverable as court costs if you win your case. Mississippi is distinctive in allowing attorneys in small claims court, though they are generally unnecessary given the informal nature of the proceedings.
Mississippi small claims court is commonly used for collecting unpaid debts, recovering security deposits, seeking compensation for property damage, and resolving breach of contract matters. The court can award monetary judgments, including filing fees and court costs, which are recoverable from the losing party.
To file, you must submit an affidavit and claim form to the Justice Court serving the county where the defendant lives or where the dispute occurred. After filing, the court issues a summons for service on the defendant, typically by certified mail or a private process server. The hearing is usually scheduled within 30 to 60 days, and the judge typically rules immediately.
Where to File
File in the Justice Court of the county where the defendant lives, works, or where the incident occurred. For business defendants, file where the business is located or where the contract was to be performed.
Service of Process
Service may be completed by certified mail, sheriff, or a private process server. Certified mail is commonly used for small claims cases in Mississippi. The defendant must be served at least 10 days before the hearing.
Statute of Limitations
Written contracts: 3 years. Oral contracts: 3 years. Property damage: 3 years. Personal injury: 3 years. Fraud: 3 years from discovery.
Appeal Rules
Either party may appeal to the Circuit Court within 10 days. The case is retried de novo.
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