Missouri Small Claims Default Judgment

You missed your small claims hearing in Missouri — or you're worried about missing it — and now you need to know what a default judgment actually means and whether there's any way to undo it. The answer depends on how quickly you act.

How a Default Judgment Gets Entered

A default judgment in Missouri small claims court isn't automatic. Under RSMo 482.355, when a defendant fails to appear on the return date, the judge doesn't simply hand the plaintiff a win. The plaintiff still has to present sworn testimony or documentary evidence establishing a basic case — what lawyers call a prima facie showing of liability and damages.

If the plaintiff meets that threshold (and it's a low bar), the judge enters judgment for the claimed amount plus court costs. The judgment is immediately enforceable — the plaintiff can pursue wage garnishments, bank levies, and other collection tools.

If both parties fail to show, the judge typically dismisses the case without prejudice, meaning the plaintiff could refile later.

Two Ways to Challenge a Default Judgment

Missouri law provides two distinct remedies, and which one applies depends on timing:

1. Application for Trial De Novo (Within 10 Days)

This is the primary remedy under RSMo 482.365. You file an Application for Trial De Novo with the Circuit Clerk within 10 calendar days of the judgment entry date — not 10 business days. This deadline is jurisdictional: the court cannot extend it, and missing it by even one day forfeits this option.

A trial de novo is not an appeal of the original hearing. It is a completely new trial before an Associate Circuit Judge or Circuit Judge, conducted as if the small claims hearing never happened. The plaintiff starts over, presents evidence again, and you get a full opportunity to defend.

Filing requires payment of circuit court docket fees (typically $30–$45). The filing alone does not stop the plaintiff from enforcing the original judgment. To pause enforcement, you need to post a recognizance bond approved by the judge in an amount sufficient to cover the judgment and costs.

One catch for businesses: if the defendant is a corporation or LLC, Missouri case law (Palmore v. City of Pacific) requires a licensed attorney to file the application and handle the trial de novo. A non-attorney employee who represented the business in small claims court cannot file this on the company's behalf.

2. Motion to Set Aside Default (Within One Year)

If the 10-day window has passed, the fallback is a Motion to Set Aside Default Judgment under Missouri Supreme Court Rule 74.05(d). This must be filed within a "reasonable time," but absolutely no later than one year after the judgment was entered.

The standard is significantly harder to meet. Your motion must establish both:

• Good cause for missing the hearing — an excusable or unavoidable circumstance. Sudden hospitalization is an example; simple forgetfulness or misreading the summons alone does not qualify. A claim that you were not served raises a separate service issue.
• A meritorious defense — a real, factually supported defense to the plaintiff's claim. You can't just say "I disagree." You need specific facts showing why you don't owe the money or owe less than what was awarded.

The motion must be supported by a sworn affidavit. Courts don't grant evidentiary hearings automatically — if your written motion doesn't meet both requirements on its face, it gets denied without a hearing.

Like the trial de novo application, filing this motion does not automatically stay enforcement.

Prevention Is Simpler Than the Cure

Both remedies involve filing fees, possible bond requirements, and — in the set-aside route — a genuinely difficult legal standard to meet. Showing up on the return date costs nothing and automatically puts every allegation in dispute.

If you can't attend due to an emergency, request a continuance in writing as far ahead of the hearing as possible, file it with the Circuit Clerk, and serve a copy on the plaintiff. But until you receive a signed order from the judge granting the continuance (viewable on Case.net), you are still expected to appear.

For a step-by-step walkthrough of preparing your defense and understanding every deadline involved, the Missouri Small Claims Response Guide covers the full process from served papers through post-decision options.

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