Missouri Small Claims Court Counterclaim

Someone filed a small claims case against you in Missouri, and you believe they actually owe you money from the same dispute — or from an entirely different one. Missouri law lets you file a counterclaim, but the rules depend on whether your claim is related to the original lawsuit or not.

Related Counterclaims: Same Transaction

Under RSMo 482.320, if your counterclaim arises from the same transaction or occurrence as the plaintiff's claim, the timing rules are flexible. You can raise it at any time up to and including the hearing itself. You don't even need to prepare formal written paperwork ahead of time — if the judge determines during testimony that you have a valid related counterclaim, the judge can question both parties about it and render judgment on it right there.

Practical example: a contractor sues you for $3,200 in unpaid work, but you paid a different contractor $1,800 to fix the first one's mistakes. That's the same transaction. You could file the counterclaim before the hearing or raise it orally at trial.

That said, filing in writing before the hearing gives you a cleaner record and ensures the judge has context before testimony begins.

Unrelated Counterclaims: Different Transaction

If your counterclaim comes from a different transaction — say the plaintiff is your former landlord suing over property damage, but you want to recover for a separate loan you made to the same person — different rules apply.

Under RSMo 482.320, unrelated counterclaims must be filed in writing with the Circuit Clerk within 10 days after service of process and before the scheduled hearing. You cannot raise an unrelated counterclaim for the first time at trial.

The $5,000 Cap and Transfer Rules

Like the plaintiff's claim, your counterclaim is capped at $5,000 (RSMo 482.305), excluding interest and court costs. If your counterclaim exceeds that amount, RSMo 482.325 kicks in:

• The small claims court can still hear the over-limit counterclaim, but only if all parties consent in writing after the judge explains the right to transfer.
• If anyone refuses consent, the judge must transfer the entire case — both the original claim and the counterclaim — to the regular Associate Circuit Division or Circuit Division.
• After transfer, both sides can amend their claims up to the higher court's jurisdictional limit (up to $25,000 in Associate Circuit, unlimited in Circuit Division).

This transfer is a significant escalation. The higher court follows formal civil procedure rules, and corporations must be represented by a licensed attorney. Consider whether the amount over $5,000 justifies the added complexity before demanding a transfer.

Filing Steps

1. Get a Counterclaim of Small Claims form from the Circuit Clerk's office in the county where your case is filed. There is no single statewide form number — each circuit provides its own.
2. Fill in the case number, parties, and the factual basis of your counterclaim. Stick to facts: what happened, when, and how much you're owed.
3. File with the clerk and pay the filing fee — typically $25 to $45 depending on the county.
4. The clerk serves a copy on the plaintiff.

If you can't afford the filing fee, you can file a Motion and Affidavit in Support of Request to Proceed as a Poor Person (In Forma Pauperis) under RSMo 514.040 to have fees waived.

One important distinction: the 12-claim-per-year limit under RSMo 482.330 applies only to plaintiffs filing original claims. Defendants filing counterclaims are explicitly exempt from this cap.

For a complete walkthrough of all five response routes — including when a counterclaim makes sense and when it doesn't — the Missouri Small Claims Response Guide covers the procedural details and decision points.

See more Missouri guides →