Sue a Contractor in Mississippi Small Claims Court: Step-by-Step

When a Contractor Takes Your Money and Disappears

A contractor takes a deposit, does partial or substandard work, stops returning calls, and removes their tools from the job site. This is one of the most common reasons Mississippi residents file in Justice Court. If your claim is $3,500 or less, Justice Court is the right venue — and you do not need a lawyer.

The key to a successful contractor claim is preparation: naming the correct legal entity, gathering the right evidence, and understanding what the $3,500 limit means for your situation.

Check Whether Your Claim Fits the $3,500 Limit

Mississippi Justice Court handles civil claims where the principal demand does not exceed $3,500 under Mississippi Code § 9-11-9. Court costs, filing fees, and post-judgment interest do not count toward that limit.

If the contractor owes you more than $3,500, you have two options. You can voluntarily waive the amount above $3,500 and file in Justice Court for the maximum — but you permanently forfeit the excess. Or you can file in County Court or Circuit Court, which handle larger claims but involve more formal procedures and longer timelines.

You cannot split one job into multiple smaller claims to stay under the limit. If the entire dispute arises from a single contract, it is one claim.

Name the Right Defendant

This is where many contractor lawsuits fail. If the contractor operates as an LLC or corporation, you must sue the legal entity — not just the person. Suing "Mike's Home Repair" when the registered business is "MJR Construction LLC" produces a judgment you cannot enforce.

Before filing, search the Mississippi Secretary of State's business portal (sos.ms.gov) for the contractor's company. Look up:

• The exact legal name of the entity
• Whether the entity is active or dissolved
• The name and address of the registered agent (the person who can be served with legal papers)

If the contractor is a sole proprietor with no registered entity, you sue the individual personally. Use their full legal name: "Michael J. Robinson d/b/a Mike's Home Repair."

Send a Demand Letter First

Mississippi does not require a demand letter before filing a general breach-of-contract claim, but sending one is strongly recommended. A demand letter creates evidence that you tried to resolve the dispute and gives the contractor a last chance to make it right.

Send it by certified mail with return receipt requested. Include the total amount owed, a description of the work that was promised versus what was delivered, and a deadline (10 to 14 days) to pay or respond. Keep a copy of the letter and the certified mail receipt — both are evidence at trial.

If the contractor responds and offers a partial payment or proposes to finish the work, you can negotiate. If they ignore the letter, you file.

Gather Your Evidence

For contractor disputes, the evidence that wins cases is documentation:

• The written contract or estimate — even a text message confirming the scope and price counts
• Proof of payment — canceled checks, bank transfers, Venmo or Zelle receipts, cash receipts
• Photos of the work — before, during, and the current state. Date-stamped photos from your phone are fine
• Communications — text messages, emails, voicemails where the contractor acknowledged the work or the debt
• Repair estimates — if you hired someone else to fix the contractor's work, get a written estimate or invoice showing what it cost
• The demand letter and certified mail receipt

Organize these by date. At the hearing, the judge will want to see a clear timeline: when you hired the contractor, what was agreed, what was paid, what went wrong, and what it cost to fix.

File the Complaint

Take your completed Civil Complaint to the Justice Court Clerk in the correct county. Venue is typically the county where the contractor resides or where the work was performed — both are valid under Mississippi Code § 11-11-3.

The filing fee is $45 (Mississippi Code § 25-7-25), plus $35 to $40 for constable service on a single defendant. Total startup costs run $80 to $85 for most counties. Accepted payment methods vary by county, so call the clerk to confirm what to bring.

What About Home Repair Fraud?

If the contractor took a large payment, did no work, and vanished, that may also be a criminal matter. You can report suspected fraud to the Mississippi Attorney General's Consumer Protection Division or your local District Attorney. You can also file a complaint with the Mississippi State Board of Contractors if the contractor was licensed (or should have been).

But a criminal report does not get your money back. Justice Court handles the civil side — recovering the money you are owed. You can pursue both a criminal report and a civil claim at the same time. They are separate proceedings with different goals.

The Hearing

Mississippi Justice Court hearings are informal. You present your evidence, the contractor (if they show up) presents theirs, and the judge decides. If the contractor fails to appear after being properly served, you can request a default judgment — but you still need to present evidence proving your claim and the amount owed.

Bring originals of all documents and an organized set of copies for the judge. Speak clearly, stick to the facts, and let the evidence do the work.

The Mississippi Small Claims Filing Guide includes a complete step-by-step process for contractor disputes, with evidence checklists, a service tracker, and a deadline calendar to keep your case on track from demand letter through judgment.

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