Mississippi Small Claims Court: The Complete Guide to Justice Court

Mississippi Calls It "Justice Court"

Mississippi doesn't have a court labeled "small claims." Civil disputes under the monetary cap are handled by Justice Court — 82 of them, one per county, staffed by 198 elected judges. The procedure is governed by the Uniform Rules of Procedure for Justice Court (RJC), adopted by the Mississippi Supreme Court.

Justice Court handles debt collection, breach of contract, property damage, security deposit disputes, and personal property recovery. It cannot grant injunctions, hear divorces, or decide land-title disputes. Those go to Chancery or Circuit Court.

The $3,500 Jurisdictional Limit

Under Miss. Code § 9-11-9, Justice Court judges can hear civil cases where the principal demand doesn't exceed $3,500. Court costs, pre-judgment interest, and post-judgment interest sit on top of that number — they don't count toward the cap.

If your claim is slightly over the limit (say $3,800), you can waive the excess in your complaint and keep the case in Justice Court. You permanently give up the waived amount. Splitting one dispute into multiple smaller suits to duck the limit is prohibited.

Senate Bill 2696 in the 2026 session proposed raising the limit to $5,000. It passed the Senate but died in a House committee on March 3, 2026, so the current ceiling remains $3,500.

Filing Fees

Miss. Code § 25-7-25 sets a uniform $25 civil case fee and adds $5 when there is more than one defendant. Constable service is $55, with $10 for each additional defendant at the same household under § 25-7-27; sheriff service is $45, with $5 for each additional defendant at the same household under § 25-7-19. County schedules may include other charges, so confirm the full total with the clerk.

Additional statutory fees include $5 when there is more than one defendant, $15 for post-judgment execution or garnishment proceedings under § 25-7-25, and $5 for a deposition commission. A constable's service fee may also apply to post-judgment proceedings. If you can't afford the fees, Mississippi law allows you to file a Pauper's Affidavit under Miss. Code § 11-53-17 to request a fee waiver.

How to File

Walk into the Justice Court clerk's office in the county where the defendant lives, where the transaction happened, or where the injury occurred. Bring:

1. A completed Civil Complaint (sworn statement of your claim)
2. The Civil Case Filing Cover Sheet (Form AOC/01)
3. One copy of the complaint per defendant
4. Supporting evidence — contracts, receipts, photos, messages

Name the defendant correctly. For businesses, search sos.ms.gov for the registered entity name and agent. Paper filing is the standard method — Mississippi's electronic filing system (MEC) generally isn't available for pro se Justice Court filings.

Serving the Defendant

The clerk issues a summons after you file. A constable, sheriff, or private process server (anyone 18+ who isn't a party) delivers it. You cannot serve the papers yourself. Mail, email, and text don't count.

Service must happen at least 30 days before the hearing date. If the first attempt fails, you provide an updated address and request an Alias Summons — expect another service fee, including $55 for constable service or $45 for sheriff service under the applicable fee statute.

What Happens at the Hearing

Both sides present their case to the judge. Mississippi Justice Court judges aren't required to hold law degrees but complete training through the Mississippi Judicial College. Hearings are relatively informal: no jury for most small claims, no formal rules of evidence at the same level as Circuit Court.

Bring your evidence organized and numbered. Have a one-page timeline of events. If you have witnesses, bring them in person — live testimony carries more weight than written statements.

If the defendant doesn't appear after proper service, the judge may grant a default judgment. You still need to show up and prove your damages with sworn testimony.

After the Judgment

A ruling in your favor creates a legal obligation, not an automatic payment. Mississippi provides post-judgment enforcement tools including Writs of Execution, wage garnishment, and Abstracts of Judgment (which create liens on the debtor's property).

Under Miss. Code § 75-17-7, judgments founded on a sale or contract bear interest at the contract rate; the judge sets the rate for other judgments.

For a step-by-step walkthrough of the entire process — from sending the demand letter through collecting on a judgment — the Mississippi Small Claims Filing Guide includes worksheets, service trackers, and deadline calendars for all 82 counties.

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