Sued by a Contractor in Mississippi Small Claims Court: What to Do

A contractor filed a claim against you in Mississippi Justice Court for unpaid work, and a constable just handed you a summons. Before you panic, understand that being served is not a judgment — it is an opportunity to tell your side. Preparation helps you present your evidence, but it cannot guarantee the result.

Read the Papers Carefully

Your summons and the attached Charging Affidavit (or Complaint) lay out what the contractor is claiming. Look for:

• The amount demanded. Justice Court's civil limit is $3,500 in principal demand; pre-suit interest and court costs may be listed separately. If the principal demand exceeds that limit, the case may belong in County or Circuit Court.
• What the claim is for. Is it unpaid balance on completed work? Materials? A deposit the contractor says you owe? The specific allegations determine your defense.
• The hearing date. This is when you must appear. If you fail to appear after proper notice, the judge may enter a default judgment under RJC Rule 23(a) if the plaintiff establishes a factual basis for the claim.

Verify the summons is real by calling the Justice Court Clerk's office using a number you find independently, not one printed on the papers.

Build Your Defense

Contractor disputes typically come down to three questions: Was there a written agreement? Was the work completed as promised? Was the price agreed upon?

Gather your contract or written agreement. Text messages, emails, and handwritten notes may help show what was agreed. If there was no written contract, that itself may work in your favor — oral contracts are harder for a plaintiff to prove.

Document the quality of work. If you withheld payment because the work was defective, your evidence is critical. Photographs of the unfinished or substandard work, dated before and after the project, are powerful. If you hired another contractor to fix the problems, bring their invoice and a written statement describing what they found.

Collect payment records. Bank statements, canceled checks, Venmo or Zelle confirmations, and cash receipts showing payments you already made. If you have paid most of the contract price and the contractor is suing for a disputed remainder, your payment history shows good faith.

Get an independent assessment. If the dispute centers on work quality, a written estimate or inspection report from another licensed contractor can help document your position. The judge decides what weight to give it; it does not need to be a formal appraisal.

At the Hearing

Bring three complete copies of all your evidence — one for the judge, one for the contractor, and one for yourself. This is required by Justice Court procedure.

You do not need to file a formal written answer before the hearing. In Mississippi Justice Court, your physical appearance at the trial call is your answer. The judge will let both sides speak, present documents, and question each other.

Stay focused on facts, not emotions. The judge wants to know what was agreed, what was done, and what was paid. Present your evidence in chronological order: the agreement, the work performed (or not performed), your payments, and the problems you found.

Consider a Counterclaim

If the contractor's poor work cost you money — you paid someone else to finish the job, or the defective work caused property damage — you may have a counterclaim. Under RJC Rule 16, you can file a counterclaim with the Justice Court Clerk, pay the filing fee (typically $84–$100 total), and have the contractor served.

Your counterclaim must be within the $3,500 jurisdictional limit. If your damages exceed that amount, the Justice Court judge dismisses the counterclaim without prejudice, and you file a separate case in County or Circuit Court. More on the counterclaim process in our counterclaim guide.

Counterclaims are permissive in Justice Court, not compulsory. If you choose not to counterclaim now, you can still bring a separate case later.

Settlement Before the Hearing

Many contractor disputes settle before trial. If the contractor is open to negotiation, you can agree on a reduced payment amount and have the case dismissed. Put settlement terms in writing and make sure the court enters an official disposition — an oral agreement does not automatically cancel your hearing date. See our guide on settling before trial for the procedure.

The Responding to a Small Claims Case in Mississippi guide walks through every step of the defendant process, from reading your summons to organizing evidence, with fillable tools for tracking deadlines and documenting your case.

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