Mississippi Small Claims Court for Unpaid Invoices: How to Sue and Collect

When a Client Won't Pay

You delivered the work, sent the invoice, followed up, and heard nothing. For freelancers, sole traders, and small business owners in Mississippi, an unpaid invoice under $3,500 is a Justice Court case — the state's small claims venue.

Justice Court is designed to be accessible without an attorney, and the process is straightforward if you have your paperwork in order. The challenge with unpaid invoice cases is not the courtroom procedure but the preparation: proving what was owed, that the work was delivered, and that the client has not paid.

Check the Basics Before Filing

Your claim must fit within Mississippi Justice Court jurisdiction under Mississippi Code § 9-11-9:

• The principal amount owed is $3,500 or less (court costs and interest do not count toward the limit)
• The claim is for money owed — Justice Court cannot order specific performance or issue injunctions
• You are within the statute of limitations: 3 years for written contracts under Mississippi Code § 15-1-49, and 3 years for unwritten or oral contracts under § 15-1-29

If your unpaid invoice exceeds $3,500, you can waive the excess and file for $3,500 (permanently forfeiting the rest), or file in County Court or Circuit Court for the full amount.

Name the Right Defendant

If your client is a business, you must sue the correct legal entity. Search the Mississippi Secretary of State's portal (sos.ms.gov) and identify the registered legal name, current status, and registered agent for service of process.

• LLC or corporation: Sue the entity by its registered name and serve the registered agent
• Sole proprietor: Sue the individual personally, adding "d/b/a [business name]" if they operate under a trade name
• Individual client: Use their full legal name

A judgment against the wrong name is unenforceable. Five minutes on the Secretary of State website prevents this problem entirely.

Send a Demand Letter

Mail a formal demand letter via certified mail with return receipt requested. State the invoice number, the amount owed, the date the work was completed, and give a clear deadline — 10 to 14 days — to pay in full. Include a statement that you will file in Justice Court if payment is not received.

The demand letter is not legally required for a general breach-of-contract claim, but it serves two purposes: it gives the client one last chance to pay without court involvement, and it becomes evidence at trial that you made a reasonable effort to resolve the dispute before filing.

Build Your Evidence Package

Unpaid invoice cases are won on documentation. Gather:

• The invoice itself — with the date sent, services described, and amount due
• The contract or agreement — written contracts are strongest, but email threads or text messages confirming the scope and price are also valid
• Proof of delivery — emails showing completed work, delivery confirmations, signed receipts, or client communications acknowledging they received the work
• Payment history — any partial payments already received, showing what remains outstanding
• Follow-up communications — your attempts to collect and the client's responses (or silence)
• Your demand letter and the certified mail receipt

Organize everything chronologically. The judge needs to see a clear chain: agreement, work performed, invoice sent, payment not received, demand sent, still unpaid.

File in the Right County

Under Mississippi Code § 11-11-3, you file in the county where the defendant resides, where the defendant's business has its principal place of business, or where the substantial act or omission occurred. For service-based work, the county where you performed the work is usually a valid venue.

The filing fee is $45 plus $35 to $40 for constable service — about $80 to $85 total. If you cannot afford the fees, you can apply for a fee waiver by filing a Pauper's Affidavit under Mississippi Code § 11-53-17.

At the Hearing

Mississippi Justice Court hearings are informal. Present your evidence in order: the agreement, proof you performed the work, the invoice, your collection attempts, and the demand letter. If the client does not show up after being properly served, you can request a default judgment — but you still need to present evidence proving the claim.

If the client appears and disputes the charge, the judge will hear both sides. Common defenses in unpaid invoice cases include claims that the work was deficient or incomplete, that the agreed price was different, or that payment was already made. Your documentation is the answer to each of these.

After the Judgment

If you win, the judgment is not self-executing. The client may pay voluntarily, but if they do not, you can pursue enforcement through a Writ of Execution, wage garnishment, or an Abstract of Judgment filed against their property.

The Mississippi Small Claims Filing Guide covers the entire process from demand letter through post-judgment collection, with tracking worksheets for service of process, evidence organization, and enforcement deadlines.

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